The Tennessee Supreme Court today heard arguments in the fight over Gov. Bill Lee’s controversial school voucher program, the Tennessean reports. A Nashville judge ruled in 2020 that the program violated “home rule” provisions of the state's constitution because it only applied to Davidson and Shelby counties. The court deemed it unconstitutional and the Tennessee Court of Appeals later affirmed that decision. Arguing before the state’s high court today, Metro Director of Law Bob Cooper called the law an “unfunded mandate” from the state. Solicitor General Andrée Blumstein argued that limiting the program to two counties was the state’s attempt at creating a pilot program that, if successful, could expand to more counties. The legislation originally applied to five counties, but as lawmakers debated the program, that number was slowly “whittled down” to two. The measure passed by one vote from a Knoxville representative, who only agreed to switch his vote once Knox County was removed from the program. The FBI is reportedly investigating whether bribery was used to pass the measure. The justices did not indicate when they might rule on the matter.

The Tennessee Supreme Court yesterday determined that the statute that limits noneconomic damages in personal injury cases to $750,000 applies to all claims asserted in the action. Yesterday’s ruling stems from a case in which a trial court applied the statutory cap separately to two plaintiffs in the same healthcare liability action. That decision was later affirmed by the Court of Appeals. Justices Sharon G. Lee and Cornelia A. Clark dissented, stating that the cap on noneconomic damages, however it is applied, is unconstitutional. The Administrative Office of the Courts has more on the case.  

Vice president of the TBA’s Young Lawyers Division and Chattanooga attorney Brittany Faith is being recognized by the American Immigration Lawyers Association (AILA) with the 2021 Joseph Minsky Young Lawyer Award. Faith was chosen for the award based on her outstanding contributions to the immigration and nationality law practice areas. Faith leads the Immigration Practice Group at Chattanooga law firm Grant Konvalinka & Harrison PC, where she helps clients from across the world with their immigration needs. Faith will assume the role of president-elect for the TBA YLD this month, before leading the division as president in 2022-2023. Read more about Faith’s accomplishments in immigration law on AILA’s website.

If you missed the TBA Labor & Employment Law Section’s annual forum, it is now available in just 1-Click. This bundle of sessions from the forum includes a case law update, a discussion on what the first 100 days under the Biden administration looked like for the practice area, a discussion on controversial topics ranging from court-packing to kneeling and much more. This package is worth two dual and three general CLE credits and can be purchased on the TBA CLE website.

Applicants are now being accepted to fill the chancery court seat in the 26th Judicial District, a vacancy that was created by the retirement of Judge James F. Butler. The 26th Judicial District includes Chester, Henderson and Madison counties. Applicants must be at least 30 years old, residents of the state for five years and current residents of the 26th Judicial District. Those interested should submit the Trial Court Vacancy Commission Application and send it to the Administrative Office of the Courts by noon CDT on June 17. The commission will consider all applicants at a hearing on July 21 at 9 a.m. CDT. The AOC’s website has more on the vacancy.  

The TBA welcomed newly licensed attorneys this morning at a virtual New Lawyer Q&A session. During the program, TBA YLD outgoing President Terica Smith, incoming YLD President Billy Leslie, YLD member Zack Smith and TBA staff fielded questions on TBA programs, CLE requirements, what the job market looks like for new admittees and more. Ceremonies to swear in all those who passed the February 2021 bar exam will be held on June 10 at 9:30 a.m., 11:30 a.m. and 2 p.m. CDT and on June 11 at 11 a.m. and 2 p.m. CDT.  

A new lawsuit filed Thursday by Nashville attorney Jim Roberts claims Metro Nashville’s legal department and the Davidson County Election Commission violated open meetings laws last fall, the Tennessean reports. Roberts and the group 4 Good Government want to roll back Nashville property taxes to the 2019 rate and limit Metro’s power over future property tax increases, public land transfers and recall elections. In the new lawsuit, Roberts claims a private election commission meeting in September was unjustified. He expressed his concerns about the meeting in a September letter to the commission and says he received a reply from Metro legal explaining that the closed-door meeting was to discuss comments Roberts had made. He calls that response “untruthful” and “disingenuous.” The latest filing included an attachment from a previous lawsuit filed by Roberts in October, in which Metro noted their stance that the meetings were allowable.

In the wake of the killing of George Floyd on May 25, 2020, the Legal Aid Society of Middle Tennessee and the Cumberlands assembled a Racial Justice and Equity team to find systemic biases and knowledge gaps inside its operations. One year later, LAS Executive Director DarKenya Waller calls May 25 “report card day,” a time to assess the progress of LAS’ efforts to perform meaningful racial justice work. She tells the Tennessean she would not give herself an A, but adds, “The only way you can fail is if you're not trying." Since last year, Waller and her team have found trainings and started a data study in which a “heat map” was created to mark where LAS services were most used and areas where they were missing. They’ve also created research resources on the historical context of redlining laws and housing issues and wealth gaps along race and gender lines. Those efforts have enabled LAS to find partner agencies to better target outreach programs and assist organizations already working with underserved populations. “It's about being anti-racist, it's about doing work that changes circumstances for marginalized communities, intentionally, not as a byproduct of what you were doing anyway," Waller said. "This year was certainly a year of learning."

The office of Gov. Bill Lee is now accepting applications for a public defender in the 29th Judicial District. This vacancy was created by the retirement of James E. Lanier. The position will be filled by the governor until the next biennial election in August 2022. Applicants must have been a state resident for at least five years and a resident of the district for at least one year. The 29th Judicial District covers Dyer and Lake counties. Resumes and cover letters can be mailed to Deputy Chief Counsel to the Governor Lang Wiseman, State Capitol, First Floor, 600 Dr. Martin Luther King Jr. Blvd., Nashville, TN 37243 or emailed to Rebecca Kaunisto. All applications must be submitted by 5 p.m. CDT on June 11. Read more about the position.

The Tennessee Supreme Court today overturned a decision that allowed for residential-use-only restrictions to be applied to subdivision lots that were sold before the restriction was created. The justices unanimously agreed that the individuals who recorded the restriction in the case lacked the authority to restrict the use of land they did not own. In this case, the original developers of the land did not execute and record the restrictive covenants until two years after they had already begun selling the lots. By that time, the property at the center of the case had already been sold and the high court ruled the restrictions did not apply to the property. The Administrative Office of the Courts has more on the decision and the opinion authored by Chief Justice Jeff Bivins.