Washington County lawyer Jeffrey Dennis Johnson was today censured by the Board of Professional Responsibility. Johnson responded to an online review from a former client in which he gave details about the former client, including health and medical conditions and the type of case in which Johnson represented the client. Johnson also stated that the former client asked him to make false representations to the court. The board found that these acts violated Rule of Professional Conduct 1.9(c) and Johnson was censured. A censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

The Tennessee Senate Judiciary Committee advanced the appointment of Judge Jill Bartee Ayers to the Court of Criminal Appeals following a hearing late last month. Ayers, who is currently a circuit court judge for the 19th Judicial District, was recommended for the Middle District seat by Gov. Bill Lee. Ayers was a partner at Batson Nolan PLC in Clarksville prior to being appointed to the bench by former Governor Bill Haslam. She has been on the bench since 2015 and has presided over 50 jury trials. Ayers’ confirmation will now go before the full state Senate. The state House can hold separate confirmation hearings. Read more from the Administrative Office of the Courts.

The TBA’s Disability Law Section will host a virtual roundtable-style CLE program on April 23 from 2:30 to 3:30 p.m. Moderated by section executive council member Chris George of the firm George & George, the program will feature Chief Administrative Law Judge Paul M. Stimson and Hearing Office Director Terry Angle from the Memphis Office of Hearings Operations. They will discuss best practices and technological updates for social security disability hearings during the pandemic. Attendees are encouraged to ask questions throughout the panel and time will be allotted near the end of the session for questions about general daily practice. This program is live and will not be recorded. Learn more or register for the program.  

A new installment of the TBA’s Member Spotlight Series is now available for viewing. In this episode, TBA President Michelle Greenway Sellers talks with Kirsten Jacobson, staff attorney with the Tennessee Alliance for Legal Services (TALS), about her role with TALS, what access to justice means to her and how taking classes in improv comedy has enhanced her role as a lawyer. Watch the latest interview or catch up on previous episodes of the Member Spotlight Series on the TBA’s website or YouTube page.

The state House today passed a resolution calling for a national constitutional convention to set term limits for members of Congress, TNJ: On the Hill reports. The measure, House Joint Resolution 8, was adopted on a 53-34 vote, only three more votes than the minimum needed to clear the chamber. It now heads to the Senate for consideration. U.S. Rep. Scott DesJarlais of Winchester and Rep. Chuck Fleischmann of Chattanooga, both on their sixth terms, are currently the longest serving Republicans. Among the Democratic congressional delegation, Rep. Jim Cooper of Nashville is in his 10th term, followed by Rep. Steve Cohen of Memphis who is in his eighth term.

Criminal justice reform bills from Gov. Bill Lee's agenda are moving closer to passage, the Tennessean reports. Bills that seek to curb the number of nonviolent people returning to prison and give inmates being released a better chance at succeeding both have cleared legislative committees. HB784/SB767 deals with bolstering alternatives to incarceration and HB785/SB768, also known as the “Reentry Success Act of 2021,” seeks to help former inmates find housing and take advantage of other state resources. Both measures will next go before the House and Senate finance committees, effectively the last hurdles before a floor vote to become law. Lee discussed justice reform yesterday during a virtual panel with former U.S. House Speaker Newt Gingrich and former Texas governor and U.S. Secretary of Energy Rick Perry, among others.

The Trial Court Vacancy Commission is now accepting applications to fill a 19th Judicial District Circuit Court vacancy that was created by the retirement of Judge Ross H. Hicks. The 19th District covers Montgomery and Robertson counties. Those interested must submit the Trial Court Vacancy Commission application to the Administrative Office of the Courts by noon CDT on April 22. The Commission will hold a hearing to consider applicants on June 2 at 9 a.m. CDT in the Commission Chambers of the Montgomery County Historic Courthouse located at One Millennium Plaza. The AOC has more on the position and how to apply.

Gov. Bill Lee today signed the permitless carry bill into law, making Tennessee the 19th state to allow adults to carry a handgun without a permit, the Tennessean reports. In a tweet, Lee thanked members of the legislature and the National Rifle Association for their help in passing his top legislative priority of the year. The measure also boosts theft of a firearm from a misdemeanor to a felony and mandates six months of incarceration for the offense, up from the current 30-day sentence. It also bars felons convicted of possessing a firearm from early release. The new permitless carry law does not extend to those with stalking convictions, a recent DUI or individuals who have been committed to a mental institution by the court. Felons and those convicted of domestic violence offenses were already prohibited from receiving a permit. The Lee administration has estimated the legislation will cost the state as much as $20 million annually.

TBA member and Husch Blackwell managing partner Michael Alston has been named an American Bar Foundation fellow, the Hamilton County Herald reports. ABF fellows are part of a global honorary society made up of attorneys, judges, law faculty and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the fellows is limited to 1% of lawyers licensed to practice in each jurisdiction. Alston handles complex commercial litigation in state and federal courts at Husch Blackwell. He is a certified mediator and a member of the TBA’s Corporate Counsel Section.  

The Tennessee House of Representatives today passed legislation that would take state cases away from Nashville courts, the Nashville Post reports. House Bill 1196/Senate Bill 454 (HB1196/SB454), sponsored by Bone McAllester Norton attorney Rep. Johnny Garrett, R-Goodlettsville, was approved by the House in a 69-21 vote. It would move original jurisdiction for lawsuits against the state to the plaintiff’s home county. If plaintiffs are located outside the state, the case would be filed in Sumner County. Asked why he picked his home county for out-of-state cases, Garrett said, “The question should be why not.” The bill comes after the Republican-dominated legislature criticized a number of decisions by Nashville judges in state cases and after a failed attempt to remove Chancellor Ellen Hobbs Lyle earlier this session.