The American Civil Liberties Union of Tennessee, Just City and several attorneys today filed an amended complaint in federal court, building on a class action suit that calls for the release of “medically vulnerable” detainees from the Shelby County jail, the Commercial Appeal reports. The initial suit requested the release of around 300 detainees who are over 65 or have certain chronic conditions. The complaint alleges Shelby County has “utterly failed” to comply with Federal Judge Sheryl Lipman’s August order to remedy jail conditions that are rife with the risk of infection. The amended complaint states that "wholly ineffective" quarantine practices, non-testing of new arrestees and the failure to "seriously pursue" social distancing in sleeping quarters and during meals, pill calls, and while detainees use the phone has perpetuated risk of COVID-19 exposure. As of Sept. 11, nearly 240 detainees have contracted the virus at the jail. 

The Nashville Conflict Resolution Center will host “Legacy of Trauma: The Impact of Historical Trauma on African Americans” on Thursday and Friday from 9 until 11 a.m. CDT. The event is a two-day learning session that will provide a compelling overview of social history, trauma theory and the interventions that can build resilience and healing for all members of our society in conflict. Register for the program here.

Secretary of State Tre Hargett recently told reporters that it will be a surprise if full voting results are available by the end of Election Day, the Tennessee Journal reports. “We’re going to see a spike in absentee ballots. I don’t know how heavy that will be,” Hargett said. “I hope I’m pleasantly surprised like I was in August, when 95 counties had their election results done by midnight.” Early voting runs from Oct. 14 until Oct. 29 and the deadline to request an absentee ballot is Oct. 27. Absentee ballots must be received by Election Day to count.

Longtime Lewisburg attorney Walter Bussart speaks to former TBA Young Lawyers Division President Troy Weston and his own daughter, Marshall County Judge Lee Bussart, in a new episode of the TBA YLD Presents: War Stories. Bussart discusses memorable moments from his storied legal career, gives advice for young lawyers and dishes on what was going on behind the scenes during his 1994 gubernatorial primary run — a race that saw him first running in the Democratic primary and later endorsing the Republican candidate, Don Sundquist. War Stories is part of the TBA Podcast Network and can be found anywhere you listen to podcasts or on the TBA’s website.

A Rutherford County attorney wanted by authorities for skipping court after being indicted on rape charges killed himself last week after being confronted by officers, the Daily News Journal reports. David Whelan, 49, missed a scheduled court appearance last week on charges of rape and kidnapping involving his clients and teen babysitter. Whelan was also set to appear before Judge David Bragg on Oct. 1 for various charges including aggravated rape, statutory rape by an authority figure, promoting prostitution, aggravated sexual battery and more. The Tennessee Bureau of Investigation said in June that after an investigation, it was found that Whelan “forced or coerced female clients into sex as a way to re-pay their attorney fees.” He was briefly put on the TBI’s Most Wanted list before he was located in Mobile, Alabama, on Thursday. When officers went to confront Whelan, he reportedly produced a weapon and shot himself.

Lieutenant Gov. Randy McNally, R-Oak Ridge, and House Speaker Cameron Sexton, R-Crossville, yesterday said they believe there is an additional step that must be taken before the controversial Nathan Bedford Forrest bust can be removed from the State Capitol, the Tennessean reports. The State Capitol Commission in July voted in favor of removing the bust and the matter was set to be heard by the Tennessee Historical Commission for a final vote in October. But, in a letter to state architect Ann McGauran, McNally and Sexton wrote that the Historical Commission cannot vote on the removal of the bust until it is also approved by the State Building Commission. The lawmakers point to a section of state law that says actions of the Capitol Commission “shall be subject to the concurrence of the state building commission." McNally and Sexton are both members of the Building Commission. Gov. Bill Lee’s office maintains that proper protocol has been followed, but is reviewing the letter from the speakers.

In a recent article, the Administrative Office of the Courts tells us about Judge Tim Irwin and his unlikely path to becoming a juvenile court judge in Knox County. Irwin, who played football for the University of Tennessee, was already accepted into law school when he was scooped up by the Minnesota Vikings in the third round of the NFL draft. Never giving up the dream of a legal career, Irwin took night classes at a Minnesota law school while still in the NFL, ultimately transferring to UT College of Law and earning his law degree in 1990. Several years into private practice, Irwin quickly recognized how impressed he was with juvenile court judges. “I became fascinated by that,” Irwin said. “I thought if I ever had the chance to go for that career, it would be really fulfilling.” Read more on Irwin’s time with the NFL and his new position as president of the Tennessee Council of Juvenile & Family Court Judges.  

Lincoln Memorial University Law Review is inviting all attorneys who are writing and speaking on topics relevant to the Appalachian region of the United States to submit an article to its publication. LMU’s Law Review was established in 2010 and is an online publication with a print version available on-demand. To submit an article, contact lmulawreview@lmunet.edu.

The 2020 Creditors Practice Annual Forum will be held virtually on Sept. 30 from 1 to 4 p.m. CDT and will offer attendees the chance to earn two general and one dual CLE hours. Judge Lynda Jones and Judge Phyllis Gardner will kick off the program with a judicial panel that will be followed by a discussion on the future of collections and bankruptcy and conclude with an update on legal technology. You must register before 11 a.m. CDT on Sept. 30 to receive the Zoom email invitation.   

The investiture ceremony that was to be held for U.S. Magistrate Judge Cynthia Wyrick has been canceled due to ongoing health challenges facing the nation. Wyrick, a former TBA president, was named a federal magistrate judge last September and serves the court’s Northeastern Division, which is based in the federal courthouse in Greeneville. Her investiture ceremony, originally scheduled for April, was rescheduled for October before ultimately being cancelled in light of the COVID-19 pandemic.