U.S. District Court Judge Aleta Trauger has blocked a bail-holding practice utilized by Nashville courts after finding that it violated the Eighth Amendment, the Tennessean reports. The American Civil Liberties Union of Tennessee, acting on behalf of the nonprofit Nashville Community Bail Fund, sued Davidson County Criminal Court Clerk Howard Gentry earlier this year over the rule that required defendants and their families to agree that any bail money posted could be held and seized as payment of court fees that have not yet been set. Trauger approved an agreement from both parties that extends a preliminary injunction filed in March, making it permanent. The order said the rule violates the Eighth Amendment’s excessive bail clause. Gentry has been outspoken in his disagreement with the rule. “I consider it almost a crime to expect to fund the criminal justice system off the backs of poor people,” he said.

The Tennessee Supreme Court has settled a split of authority in the Court of Appeals about the interpretation of a statute authorizing termination of parental rights. The high court held that the statute authorizes termination of parental rights upon clear and convincing proof that a parent or guardian failed to manifest, by act or omission, either an ability or willingness to personally assume legal and physical custody or financial responsibility for a child and that placing the child in the parent’s legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child. Read more about the case and the Supreme Court’s unanimous opinion on the Administrative Office of the Courts website.

The Tennessee Faith and Justice Alliance will host the Legal Access for All Summit on Dec. 15 at 3 p.m. CST. The program will focus on challenges faced by those with language and documentation barriers when trying to access free legal resources and what interpreters and volunteer attorneys can do to help. The Faith and Justice Alliance, in collaboration with the Tennessee Immigrant and Refugee Rights Coalition, Legal Aid Society of Middle Tennessee and the Cumberlands, Tennessee Justice for our Neighbors, the Tennessee Supreme Court Access to Justice Initiative and others hope to show attendees the role they can play in helping community members find the legal help they need. Register here for the program which will be held via Zoom.

Belmont University College of Law has promoted TBA member Debbie Farringer to serve as its Associate Dean for Academic Affairs & Associate Professor of Law. Farringer, who has been with the law school since 2013, currently serves as the director of Health Law Studies and has taught a variety of courses, including Health Law, Health Care Business and Finance, Health Law Fraud and Abuse, Bioethics and Mental Health Law. Her scholarship explores the operation and impact of health laws and health policy on providers and suppliers, with a special emphasis on the unique challenges facing the health care industry in the area of cybersecurity. She is also the faculty supervisor for the Belmont Health Law Journal and coaches the health law transactions moot court team. Farringer is also chair of the board of directors of the Tennessee Justice Center, a member of the TBA’s Health Law Section and was part of the TBA Leadership Law Class of 2016.

The Juvenile and Children's Law section virtual program Homeboy: An Inside Perspective of a Youth's Transition Through the System is now available to view online. During the program, Assistant Federal Public Defender for the Western District of Tennessee Jawara Griffin speaks on his journey through the juvenile system and his belief that every human being has the right to competent and effective legal representation, regardless of their socio-economic status.

The TBA’s Criminal Law Forum 2020 will take place virtually this Friday from 10 a.m. to 2:30 p.m. CST via Zoom. Attendees will hear presentations from Kirsten Shields of Legility and Christopher Slobogin of the Vanderbilt University Law School on topics designed to keep lawyers at the forefront of the latest developments in the criminal law field. And remember: all 2020 CLE hours can be taken online and TBA members get discounted pricing on all CLE programs!

Tennessee Public Defenders Conference Executive Director Patrick Frogge is appealing to Tennessee Supreme Court Chief Justice Jeff Bivins, asking the high court to take action to prevent further spread of the COVID-19 virus, specifically in general sessions courts, Knox News reports. In a letter dated Nov. 24, Frogge wrote that attorneys who represent the poor and their clients are being endangered by judges who are continuing to hold in-person hearings despite the state's ongoing COVID-19 crisis. The state Supreme Court last month suspended all jury trials, but did not suspend all in-person hearings, meaning general sessions court judges were not required to change day-to-day operations. Frogge noted that, unlike judges and prosecutors, public defenders  must meet with clients inside local jails, where outbreaks of COVID-19 are now becoming common place, making them particularly vulnerable to the virus. Frogge is asking the Supreme Court to step in, but did not specify what actions he’d like them to take.

The commissioner and deputy commissioner of Tennessee’s Veterans Services have resigned following investigations into allegations of misconduct, the Tennessean reports. Gov. Bill Lee’s office yesterday confirmed that former commissioner Courtney Rogers and deputy commissioner Tilman Goins resigned the week of Thanksgiving after separate investigations were launched by the Department of Human Resources. Rogers is accused of subjecting employees to abusive behavior and using racial and homophobic stereotypes and slurs. Goins is accused of engaging in an inappropriate romantic relationship with a subordinate at the department. Goins’ attorney, Jesse Harbison, said her client has been wrongfully terminated. Rogers and Goins are former Republican state House members who entered office in 2012 and declined to seek reelection in 2018. They are among several ex-legislators hired by Lee after taking office.

Gov. Bill Lee is considering calling a special session to prioritize legislation related to schools' pandemic challenges, the Tennessean reports. Lee’s office hasn’t confirmed whether he will call the special session, but it would likely be held within the regular session, similar to a February 2015 special session called by former Gov. Bill Haslam for a failed Medicaid expansion proposal. Multiple legislative officials confirmed discussions were being held to take that same approach to try and pass education-related bills early in the year to allow school districts time to plan accordingly. If the special session isn’t called, taking up those bills in regular session could delay passage until spring. Measures could include holding teachers and students harmless for standardized testing scores, ensuring schools receive adequate funding next year and providing resources to bring children back up to speed after months away from the classroom.

President Donald Trump’s administration announced yesterday that it has complied with an order from a federal judge and fully restored the Deferred Action for Childhood Arrivals (DACA) program, WBIR reports. District Judge Nicholas Garaufis in the Eastern District of New York on Friday ordered the administration to fully restore the program and for the Department of Homeland Security to post public notice that it was accepting applications again. The announcement was made hours before the deadline and DHS posted on its website that it is accepting new applications, petitions for two-year renewals and requests for permission to temporarily leave the U.S. President-elect Joe Biden has pledged to reinstate DACA when he takes office in January but permanent legal status and a path to citizenship would require congressional approval.