TBA Law Blog


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Posted by: Kate Prince on Apr 8, 2021
News Type: Legal News

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.

Posted by: Kate Prince on Apr 8, 2021

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.

Posted by: Kate Prince on Apr 8, 2021

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.

Posted by: Kate Prince on Apr 8, 2021
News Type: Legal News, Your Career

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.

Posted by: Kate Prince on Apr 8, 2021

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.

Posted by: Kate Prince on Apr 8, 2021

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.  

Posted by: Kate Prince on Apr 8, 2021

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. 

Posted by: Kate Prince on Apr 8, 2021

As the Tennessee General Assembly begins to wind down for the year, TBA Public Policy and Government Affairs Director Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley discuss where several TBA-sponsored bills currently stand on today’s episode of the Legislative Updates podcast. The TBA, with much help from President Michelle Greenway Sellers, was able to work with sponsors on an amendment that removed a cap on attorney’s fees from House Bill 1386/Senate Bill 282. The bill to eliminate the professional privilege tax, SB884/HB519, is currently in budget discussions and Lampley is optimistic that the tax will see “some degree of reduction.” All that and more on today’s episode, which can be found on the TBA’s Facebook page, website and anywhere you listen to podcasts.  

Posted by: Kate Prince on Apr 7, 2021
News Type: Correction

The news item on Jerry Morgan’s lawsuit against the Board of Professional Responsibility (BPR) in yesterday’s issue incorrectly stated Morgan's length of employment with the BPR. Morgan had worked at the BPR since 2019.

Posted by: Kate Prince on Apr 6, 2021
News Type: Legal News

Nashville attorney Jerry Morgan has filed a federal lawsuit against the Board of Professional Responsibility (BPR) for what he claims is a violation of his civil rights, Nashville’s NewsChannel5 reports. The suit claims Morgan was terminated in December 2020 after an attorney under investigation by the BPR filed a motion accusing him of being an “extreme anti-Muslim bigot” and arguing that Morgan might be biased against the attorney whose wife is Muslim. The motion cited several tweets from Morgan posted during the 2016 and 2020 elections. In a December email, the BPR told Morgan that his “speech has adversely impacted your ability to successfully perform your job duties,” and he was let go. Morgan disputes that claim, citing lack of any ethical violation against him. “I was terminated solely based on my political speech,” Morgan said. Read the full complaint here.


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