TBA Law Blog


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Posted by: Kate Prince on Nov 9, 2020
News Type: Legal News

The TBA’s BarBuzz podcast is all new for the month of November with special guest host Amy Bryant of the Metro Nashville Office of Conservatorship Management. Bryant serves as chair of the TBA Public Education Committee and gives listeners an overview of the Conservatorship Portal her committee has launched as well as a rundown of bar association events and legal news. BarBuzz is part of the TBA Podcast Network and is available wherever you listen to podcasts and on the TBA’s website.

Posted by: Kate Prince on Nov 5, 2020
News Type: Legal News

Rep. Ron Travis, R-Dayton, has been chosen to serve as the CEO of Insurors of Tennessee, the trade association for independent insurance agents, the Nashville Post reports. He succeeds Ashley Gold, who served as general counsel for group for more than a decade before stepping into the CEO role in 2019. Gold left the association earlier this year to join Wood Stabell Law Group as of counsel. Travis was first elected to the House in 2012. He serves on the Business Subcommittee and is co-chair of the Joint Fiscal Review Committee.

Posted by: Kate Prince on Nov 5, 2020
News Type: Election 2020

President Donald Trump’s campaign has filed lawsuits in Pennsylvania, Michigan and Georgia and is trying to intervene in a pending Pennsylvania case seeking U.S. Supreme Court review, the ABA Journal reports. Suits in Pennsylvania and Michigan seek to stop the vote count until GOP poll watchers can gain more access to the counting process. A Pennsylvania court today sided with Trump, ruling that observers should be allowed to watch all parts of the vote count “within 6 feet.” The Georgia suit centered on Chatham County and alleged absentee ballots were being accepted after the deadline and that a poll worker saw late ballots being added to on-time ballots. The Hill reports that a county judge dismissed that suit hours after it was filed. The Trump campaign also has called for a recount of votes in Wisconsin. The ABA Journal has a breakdown of additional legal actions filed by the campaign.

Posted by: Kate Prince on Nov 5, 2020

Sen. Brian Kelsey, R-Germantown, has announced plans to file a Senate Joint Resolution for consideration by the 112th General Assembly to add the Right to Work law to the state Constitution, the Chattanoogan reports. Senate Joint Resolution 648 passed the legislature in June, but now must pass through the next legislative session by a two-thirds majority in order to appear on the ballot for a statewide referendum in November 2022. The amendment would become part of the state Constitution if adopted by a majority vote in the 2022 governor’s election.

Posted by: Kate Prince on Nov 5, 2020
News Type: Legal News

Tennessee Attorney General Herbert Slatery yesterday filed a motion in the U.S. District Court in Nashville to allow the state’s 48-hour waiting period for abortions to remain in effect while the state appeals a ruling that deemed it unconstitutional, the Tennessean reports. U.S. District Judge Bernard Freidman last month ruled the waiting period served no legitimate purpose and placed a substantial burden on women seeking abortions in the state. The 2015 law requires women to make two trips to an abortion clinic, first for mandatory counseling and then for the abortion at least 48 hours later. Slatery’s motion argues that the state is likely to win at the 6th U.S. Circuit Court of Appeals because the waiting period law does not violate the constitutional right to abortion.

Posted by: Kate Prince on Nov 5, 2020

The Tennessee Legislative Black Caucus on Wednesday announced it has filed a bill that would shield intellectually disabled people convicted of a crime from the death penalty, the Daily Memphian reports. The legislation was inspired by Pervis Payne, a 53-year-old Shelby County man with intellectual disabilities who has been on death row for 33 years for double murder. He is scheduled to be executed on Dec. 3. Rep. G.A. Hardaway, chair of the Black Caucus, said House Bill 0001 will not be heard until after Payne’s scheduled execution unless he is granted clemency by Gov. Bill Lee. Hardaway said the legislation would “provide [a] path through the courts for Mr. Payne to address the intellectual disability issue and prevent an unjust murder” by the state if Payne lives long enough to benefit from the legislation.

Posted by: Kate Prince on Nov 5, 2020
News Type: Election 2020

Election officials in Tennessee are reporting that 3,045,401 people cast their votes on Tuesday, smashing the previous record of 2.6 million voters in the 2008 election, the Tennessean reports. Voter turnout in Tennessee is often ranked among the lowest in the country, hovering in the 60% range since 1996. On Election Day, state election officials at all levels reported that everything went smoothly, possibly thanks to the unprecedented amount of early and absentee voters this year. Officials are expected to certify Tuesday's vote by Nov. 23.

Posted by: Kate Prince on Nov 5, 2020
News Type: Legal News

Nashville Mayor John Cooper’s office has released a new report that examines the city’s criminal justice fines and fees, and outlines ways to reduce, and eventually eliminate, reliance on such costs, WPLN reports. The report calls dependence on such fees “pennywise, yet pound foolish,” pointing to the cycle of recidivism and subsequent cost to taxpayers that can result. The report recommends eliminating the General Sessions probation fee and seven other fees; the criminal court clerk’s $15 late fee; fees for booking, work release and supervision; and more. To offset the loss of revenue, the report recommends placing fewer people on probation, reducing costs of incarceration and reforming the bail system. In fiscal year 2018, fines and fees generated nearly $8.5 million for the city.

Posted by: Stacey Shrader Joslin & Kate Prince on Nov 5, 2020
News Type: TBA CLE

The TBA’s 2020 Administrative Law Annual Forum will be held virtually this year on Nov. 20 from noon until 3 p.m. CST. Speakers will include Rachel Newton from the Tennessee Attorney General’s Office and Laura Chastain from the Board of Professional Responsibility, who will deliver an ethics presentation focused on social media. Attendees will receive one dual and two general credit CLE hours. Learn more and register now. Remember: all 2020 CLE hours can be taken online and TBA members get discounted pricing on all CLE programs.

Posted by: Kate Prince on Nov 5, 2020

The Ben F. Jones Chapter of the National Bar Association will honor Memphis attorneys Tannera Gibson, Van Turner Jr. and Amber Floyd on Saturday during its virtual 2020 Barristers Ball. Gibson, a member at Burch Porter & Johnson, will receive the A.A. Latting Award for Legal Excellence. Turner, a partner at Bruce Turner, will be awarded the A.A. Latting Award for Community Service. Floyd, Memphis deputy city attorney, will take home the President’s Award. This year’s event “A Night of Good Trouble: Honoring Our Freedom Fighters & Continuing the Pursuit for Justice” will be held at 6:30 p.m. CST.


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