Following the TBA’s statement of opposition to House Resolution 23 (HR23) on Tuesday, the Nashville and Knoxville bar associations and the Tennessee Trial Lawyers Association have issued their own statements regarding the resolution and the importance of an “independent judiciary.” HR23 seeks to remove Davidson County Chancellor Ellen Hobbs Lyle from the bench. In its statement, the Nashville Bar Association wrote that removing Lyle “is dangerous because it threatens our independent judiciary and undermines the rule of law. The Knoxville Bar Association in its statement wrote that without an independent judiciary, there “are no checks and balances” or separation of powers. Tennessee Trial Lawyers Association president, John Griffith, told the Tennessee Lookout that “The stance of our organization is we strongly support an independent judiciary even when we disagree with the judge’s ruling,” Read the TBA’s statement on HR23.

The TBA Young Lawyers Division has selected LaRhonda Potts as the 2020-2021 CASA Volunteer of the Year. Potts is a volunteer with CASA Nashville, which will receive the Agency of the Year Award. CASA Nashville’s mission is to train and support court appointed volunteers to advocate for abused and neglected children who have come to the attention of the Davidson Juvenile Court. Executive Director of CASA Nashville Julieanna Huddle said Potts “consistently goes above and beyond the advocate for children within her caseload and to help find the best solutions for their permanency and safety.” YLD Youth Outreach Coordinator Charlotte Mattingly shares the news in this video announcing and congratulating Potts as this year’s honoree.

Attorney General Herbert H. Slatery announced today that his office and the Secretary of State’s office joined with the Federal Trade Commission and multiple state agencies to stop a massive fundraising operation that collected more than $110 million through deceptive robocalls. Associated Community Services (ACS) and a number of related defendants have agreed to settle charges by the FTC and state agencies. According to the complaint, the defendants claimed to support homeless veterans, victims of house fires, breast cancer patients, children with autism, and others, but knew that little or no money raised was going toward supporting those causes. The defendants kept as much 90 cents of every dollar they solicited on behalf of the charities. The AG’s website has details on the terms of the settlement.

A new episode of the TBA’s Legislative Updates podcast is now streaming. TBA’s Public Policy and Government Affairs Director Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley discuss House Resolution 23 that would remove Chancellor Ellen Hobbs Lyle from the bench, Senate Join Resolution 1 that would change the way the state Attorney General is selected and confirmed, and more. You can watch the full video of Legislative Updates on the TBA’s Facebook page. It is also available as a podcast on the TBA’s website or anywhere you listen to podcasts.

TBA member and Miller & Martin partner Kyle Eiselstein has been appointed to serve on the board of directors for the Boys & Girls Club of Chattanooga, the Chattanoogan reports. Board Chair LaTonya Lyons said she looks forward to Eiselstein’s “engagement and assistance in guiding our objectives of building great futures for Chattanooga youth.” Eiselstein is the vice-chair of Miller & Martin’s Litigation Department and concentrates his practice in the area of civil litigation with an emphasis on complex commercial disputes. He is also a member of the TBA’s Litigation Section.

Volunteer registration is now open for the Tennessee State High School Mock Trial Competition. Presiding judges, attorneys, law students and paralegals can sign up now to volunteer as a judge, scorer or bailiff. Additionally, the schedule for the final championship featuring eight teams from across the state is now available. Winners of the competition will be announced on March 20.  

Several Tennessee lawyers have been named to the University of Tennessee’s inaugural class of Volunteer 40 Under 40. Attorneys Martesha Johnson, Will Perry and Todd Skelton were honored with the awards, which are given to UT alumni who have excelled personally and professionally since completing their degree. Johnson is the first African American to be elected as chief public defender for Metro Nashville. Perry is a partner at Butler Snow’s Memphis office where he practices in commercial contract disputes and other business litigation. Skelton, who was previously deputy counsel to former Gov. Bill Haslam, is the chief legal counsel for Strategic Acquisitions Group of Knoxville. UT College of Law alum Wesley Rich was also named to the list. Rich lives in Texas where he works for Google. UT has more on each award winner and the full list of the Volunteer 40 Under 40.

If you missed the Tort and Insurance Law Section’s 2021 Winter Forum, the program is now available on demand. The forum provides an overview of the ethical issues that attorneys face in conducting investigations and interviewing current and former employees of an opposing corporate litigant. It will also feature a discussion of emerging legal issues on the enforceability of arbitration agreements and provide recent legal developments involving claims for health care liability actions. Members of the Tort and Insurance Law Section receive special pricing for the program, so join the section today!

Gov. Bill Lee has released a list of legislative initiatives he had previously outlined in his State of the State address, WKRN reports. Among those initiatives are Senate Bill 765/House Bill 786, which would allow citizens to carry handguns without a permit, SB768/HB785, also known as the “Reentry Success Act of 2021,” SB0767/HB0784 on “Alternatives to Incarceration,” and more. You can find the complete list on the state’s website.

Davidson County Chancellor Ellen Hobbs Lyle yesterday recused herself from a high profile education lawsuit against the state, the Tennessean reports. The recusal comes just days after the filing of House Resolution 23, which seeks to have Lyle removed from the bench based on her ruling that expanded absentee voting during the pandemic. (See related story on TBA statement related to HR 23.) Lyle recused herself yesterday from the suit brought by Shelby County and Metro Nashville over the state’s Basic Education Program (BEP) — a complicated rubric the state uses to determine how much funding schools get for teacher salaries, books and transportation. The recusal order did not include information on her reasons. The outcome of the trial could have major implications for how public schools are funded. The case will now be reassigned to a new judge.