Two top officials from the Metro Codes Department will be leaving the department to join a new land use practice at the Thompson Burton law firm. Director Bill Herbert and Deputy Director Emily Lamb will join Thompson Burton as partners. The two were recruited for the new practice by attorney Jon Michael, who started the land use division last summer. Michael also recently hired attorney Margaret Martin, who was once chief development officer for the Metro Nashville Airport Authority. The Nashville Business Journal has more on the story.

The TBA’s annual Court Square Series, designed to provide attorneys with the latest developments in multiple areas of the law, is underway and will be making a stop in Kingsport on May 26. The three-hour event will include an overview of updates in probate and real estate law led by incoming Chancellor Katie Priester, an ethics update from Board of Professional Responsibility Disciplinary Counsel Steve Chrisopher, and a session on self-care from Tennessee Lawyers Assistance Program Executive Director Buddy Stockwell. The program will be held in Room 130 of Northeast State at Kingsport Center for Higher Education at noon EDT. The Court Square Series will also be making stops in Murfreesboro on May 17, Cookeville on May 19, Chattanooga on June 3 and Jackson on June 7. Read more on each session on the TBA CLE website.

Gov. Bill Lee made two cabinet appointments today, the Nashville Post reports. Deputy Governor and Department of Finance and Administration Commissioner Butch Eley will now head up the Department of Transportation. He’ll keep his deputy governor role as well as his office in the Capitol. Eley will take over for Clay Bright, who left the department to oversee the new Megasite Authority of West Tennessee. Jim Bryson will succeed Eley at the Department of Finance and Administration. Bryson is currently the deputy commissioner of the Bureau of Parks and Conversation at the Department of Environment and Conversation. He served one term as a state senator and was a candidate for governor in 2006.

May is Asian Pacific American Heritage Month and the TBA is celebrating by sponsoring a free CLE program from the Tennessee Asian Pacific American Bar Association. "How We Got Here and the Laws That Impacted Our Journey” will feature a panel that will explore the history of Asian-Americans and the intersection of laws and regulations that affected their rights and their contributions to civil rights in America. The event will take place on May 20 at 3 p.m. CDT at Baker Donelson, 1600 West End Ave., Ste. 2000, Nashville. The program is also available online. Register for the program here.

The Tennessee Supreme Court on Tuesday heard arguments from the City of Knoxville on why streaming services Netflix and Hulu should pay cable television franchise fees to the city, the Tennessee Lookout reports. It’s a first-of-its-kind case for Tennessee, but mirrors lawsuits nationwide by state and local governments looking to make the streaming providers pay franchise fees. The key issue of Knoxville’s federal suit is whether current state law would allow municipalities to recoup franchise fees from video streaming services without legislative approval or action. The Supreme Court appeared skeptical of Knoxville’s suit, with new Justice Sarah Campbell saying had a “hard time understanding” how the city’s interpretation of the state franchise law wouldn’t lead to an “absurd result.”

The General Assembly has ratified and approved proposed changes to the Tennessee Rules of Appellate Procedure, Rules of Civil Procedure, Rules of Criminal Procedure and Rules of Evidence. All changes will take effect on July 1. The state House approved the appellate procedure changes (Resolution 134) and the civil procedure changes (Resolution 133) on March 7 and changes to criminal procedure (Resolution 129) and rules of evidence (Resolution 130) on March 10. The state Senate approved changes to appellate procedure (Resolution 92), civil procedure (Resolution 91), criminal procedure (Resolution 90) and evidence (Resolution 93) on Feb. 24. Read the notice from the Tennessee Supreme Court clerk.

Gov. Bill Lee’s office has declined multiple requests for records relating to the delayed execution of Oscar Franklin Smith, the Tennessean reports. Citing both the “deliberative process privilege” and attorney-client privilege, the governor’s office turned down requests from the Tennessean and the Associated Press, who sought the public records from the Tennessee Department of Correction and Lee’s office. Lee’s administration has broadly used both deliberative and so-called executive privilege exemptions when denying records requests, a practice that has been challenged in state courts. The administrations of both Democratic Gov. Phil Bredesen and Republican Gov. Bill Haslam also cited deliberative process in withholding records from the public. Lee paused all executions through the end of the year and appointed former U.S. Attorney Ed Stanton to conduct an independent review of the state's lethal injection protocol. 

The state recently observed National Drug Endangered Children Awareness Day – a day of advocacy to shine a light on the plight of drug endangered children across the state. The Tennessee Alliance for Drug Endangered Children (TADEC) held a resolution reading at Legislative Plaza and several Tennessee landmarks were lit up in red to mark the day. According to the Department of Children’s Services, 52,771 Tennessee children were linked to drug endangered child allegations in 2021. “That number itself brings to the forefront the importance of dealing with drug endangered children in juvenile court,” said Perry County General Sessions Court Judge Katerina Moore. The Administrative Office of the Courts has more on the story.

Tennessee lawmakers have adjourned for the year and with that comes the end of the TBA's 2022 Legislative Updates podcast season! TBA Director of Public Policy and Government Affairs Berkley Schwarz and TBA lobbyist and Adams and Reese attorney Brad Lampley are here to recap the biggest highlights and news from the 112th General Assembly. The two discuss redistricting, the truth in sentencing bill and more. In final discussions about the professional privilege tax, Lampley urges listeners to “keep the heat on” your legislators about repealing the tax. “This is really the time for one-on-one contact with your elected official,” Lampley says. “Develop those relationships and by all means continue to be a resource for them going forward and advocate for the issues you believe in.” You can catch Legislative Updates live and in-person at the TBA Annual Convention in June.

The TBA is hitting the road and coming to a city near you! The annual Court Square Series, designed to provide attorneys with the latest developments in multiple areas of the law, is underway and will stop in Cookeville on May 19. The three-hour event will include a panel of judges who will discuss best practices in family law, an ethics update from Board of Professional Responsibility Disciplinary Counsel Russ Willis, and an attorney wellness session. The program will be held at the Cookeville Higher Education Campus-Cody and will begin at noon CDT. The Court Square Series will also be making stops in Murfreesboro on May 17, Kingsport on May 26, Chattanooga on June 3 and Jackson on June 7. Read more on each session on the TBA CLE website.