Don’t miss the September episode of the TBA BarBuzz podcast with special guest co-host Julia Hale of Lewis Thomason in Nashville. Hale drops in to help highlight important legal news from across the state and give listeners a rundown of bar association events and happenings. BarBuzz is part of the TBA Podcast Network and is available anywhere you listen to podcasts and on the TBA’s website.

The U.S. Bankruptcy Court for the Western District of Tennessee is taking applications for chief deputy clerk in Memphis. The court is comprised of four full-time judges and their chambers staff and the Clerk’s staff of 41 employees. The chief deputy clerk is a senior-level manager of the clerk’s office and oversees all administrative and supervisory functions, including operations, courtroom services, court training initiatives and more. Procedure for applying may be found here.

Chief U.S. District Judge for the Eastern District of Tennessee Pamela L. Reeves died today at 66 after a battle with cancer. Though she was diagnosed in late 2018, Reeves continued her judicial duties without interruption and in April 2019 became the first female Chief Judge for the Eastern District. Tributes have been pouring in for Reeves, who was also the first female president of the Tennessee Bar Association. Her predecessor, U.S. District Judge Thomas A. Varlan, called Reeves’ death a blow to the legal community. “Pam's contributions to the legal profession and our community were immense, and her service to the Eastern District as a judge and as chief judge was invaluable,” he said. Attorney General Herbert Slatery released a statement this afternoon commending Reeves’ perseverance and many accomplishments, noting she “not only accomplished a lot against long odds, she did it with a grace and determination rarely seen.” The TBA has created a webpage for members of the legal community to leave comments or memories about Judge Reeves.

President Donald Trump on Wednesday added 20 names to his short list of U.S. Supreme Court candidates that he pledges to choose from should he have a vacancy to fill, the ABA Journal reports. Republican Senators Tom Cotton of Arkansas, Ted Cruz of Texas and Josh Hawley of Missouri all made the list, which also includes former U.S. Solicitors General Paul Clement and Noel Francisco. Eight federal appeals judges—all Trump appointees—made the list. Two of the eight judges received “not qualified” ratings from the ABA Standing Committee on the Federal Judiciary for their current judgeships. The ABA Journal has the full list. 

Federal Judge Eli Richardson yesterday issued a preliminary injunction temporarily suspending state law that prevents first-time voters from casting absentee ballots unless they show identification at an election office beforehand, the Daily Memphian reports. Under Richardson’s order, any Tennessee voter registered to vote by mail, even first time-voters, may do so if they meet the state’s eligibility requirements. Plaintiffs in the suit say the order will allow tens of thousands of first-time voters, including college students away from home, to vote absentee. Richardson’s order requires the change to be made without delay for the Nov. 3 general election and orders it to be promoted prominently on the Secretary of State’s website.

The Tennessee Supreme Court today temporarily suspended Rutherford County attorney David Brent Whelan from the practice of law. Whelan failed to respond to the Board of Professional Responsibility regarding a complaint of misconduct and posing a risk of substantial harm to the public. Whelan is immediately precluded from accepting any new cases and must cease representing existing clients by Oct. 10. Whelan shall not engage in the practice of law or use any indicia of lawyer, legal assistant or law clerk nor maintain a presence where the practice of law is conducted. The suspension remains in effect until Whelan for good cause requests dissolution of the suspension by petition to the Supreme Court.

The Tennessee Supreme Court today entered an order permanently disbarring Jacki “Jack” L. Garton from practicing law in Tennessee. Garton, a Dickson County lawyer, was trustee for a trust set up to provide for the daughter of state trooper Todd Larkins, who was killed by a tractor-trailer truck in 2005. The trust contained over $2 million from the settlement of a wrongful death lawsuit. Garton began quietly disbursing trust monies to himself in the form excessive fees, ultimately misappropriating more than $1 million from the trust. In 2019, Garton was convicted of wire fraud, aggravated identity theft, and tax fraud and the Tennessee Supreme Court suspended his law license. The Board of Professional Responsibility later recommended disbarring Garton. The high court agreed and today disbarred Garton. Under a new rule, attorneys disbarred on or after July 1 of this year are not eligible for reinstatement and are “permanently” disbarred. They cannot ask the court to reinstate their license and will never again practice law in the state. Read more on the Administrative Office of the Courts website.

Former Rep. Jeremy Durham asked the Davidson County Chancery Court on Friday to review a state agency’s decision to impose a record $465,000 fine against him over misuse of campaign funds, the Tennessean reports. Durham has been under federal investigation since at least August 2016 for campaign finance issues and a possible tax violation and in September 2016 was expelled from the legislature after an investigation found he had inappropriate sexual contact with at least 22 women. The Registry of Election Finance levied the hefty fine against Durham in 2017 after it found he had broken state campaign finance law hundreds of times, spending thousands of dollars of donor money on everything from custom suits to spa products. In June, the Registry of Election Finance overturned a 2019 opinion from Administrative Law Judge Steve Darnell that dropped the fine down to $110,000. The state has not yet responded to Durham’s filing, but the Attorney General’s Office confirmed it would represent the registry.

The Tennessee Defense Lawyers Association has named Memphis attorney Kay Anderson “Defense Lawyer of the Year.” Anderson practices with Baker Donelson in Memphis, where she is a member of the Health Care Litigation group. Anderson represents physicians, nurses, nurse practitioners and CRNAs in malpractice defense litigation. The award honors a TDLA member who has made significant contributions to the defense bar and to the practice of law in Tennessee in the past year. Anderson accepted the award during TDLA’s Virtual Annual Meeting. In addition to TDLA, Anderson is a member of the Defense Research Institute, Memphis Bar Foundation and the Memphis, Mississippi and Tennessee Bar Associations.

The 2020 Labor & Employment Law Forum Lunchtime Webcast Series launches next week, featuring a one hour webcast on Monday through Friday from noon until 1 p.m. CDT. Kicking off with a case law update from Nashville lawyer Stan Graham, the series also includes a session on workplace privacy on Tuesday and wage and hour developments on Wednesday. Thursday's programming will include a candid conversation about the arbitration process and the important differences between arbitration and litigation. Registration is per webcast and each program provides one hour of general credit CLE.