State House Speaker Cameron Sexton, R-Crossville, yesterday moved to amend a law to make camping outside the state Capitol a felony, the Tennessean reports. Sexton’s move comes days after a small campsite was set up outside the Capitol and reports began to circulate that a group of individuals intended to establish an “autonomous zone” there. The autonomous zone movement began in Seattle where organizers made a temporary encampment covering multiple blocks of the city in an effort to demonstrate a society without law enforcement. The current law, passed in 2012 after the Occupy Nashville protest, makes it a misdemeanor to camp on certain state properties that aren’t marked for doing so. Sexton’s amendment, in addition to making camping on most state property a felony, also clarifies that merely erecting a tent would qualify as camping.

Assistant U.S. Attorney Audrey Calkins of Memphis guest hosts this month’s episode of the TBA BarBuzz podcast. Topics of discussion include the TBA’s Virtual Convention, absentee ballot voting and an impressive skill Audrey has learned during the pandemic. BarBuzz is part of the TBA Podcast Network, available anywhere you listen to podcasts and on the TBA’s website.

Legislation that would prohibit state officials from destroying records being sought by the public today passed through the Senate, the Associated Press reports. The bill was prompted by a report from the Chattanooga Times Free Press that Hamilton County had destroyed documents that were the subject of a records request submitted by the paper. During the months-long battle over the records, the county got permission from the Hamilton County Public Records Commission to destroy all records requests and responses after 30 days. County Attorney Rheubin Taylor told the AP he requested permission to destroy the records because he didn’t believe the paper was still interested in obtaining them. Under the bill, government entities found violating the new rule would be subject to a $500 fine. It also requires that public records coordinators must keep “electronic correspondence” regarding public records requests for at least one year. The legislation will now head to the House chamber.

A bill that would protect businesses, schools and other institutions from COVID-19-related litigation is quickly advancing through the House and Senate, the Nashville Post reports. The legislation was drafted with help from the Tennessee Chamber of Commerce and Industry and other business groups and, according to its House sponsor Rep. Michael Curcio, R-Dickson, is intended to “eliminate as many frivolous suits as possible.” Judiciary committees in both chambers advanced the proposal, but the Senate version would have the protections reach back to March and the House version would only protect the organizations once the law is enacted. Attorney and vice president of the Tennessee Trial Lawyers Association Mark Chalos argued a retroactive law would violate the state constitution, which says that “no retrospective law … shall be made.” Chalos argued the Senate’s version of the bill would take away litigation rights from people who currently have them for harm already done. The two bills are likely headed for full votes in the House and Senate and could require a conference committee to hash out the difference.  

Davidson County Chancellor Ellen Hobbs Lyle has called out state officials for not following a court order on mail-in absentee voting, the Daily Memphian reports. Last week, Lyle ordered the state to give all registered voters the option to vote by mail and to create forms allowing voters to check one of two boxes if they have concerns about catching COVID-19 at a polling location or are taking care of someone who could be affected by the virus. This week Lyle determined that the state has violated her initial order by putting COVID-19 voters’ applications on hold until the matter is finished in court. She has directed them to put up a new form by noon tomorrow and to instruct county election officials to comply with it by 5 p.m. tomorrow or the state could face contempt charges. “Shame on you for not following that procedure and just taking matters into your own hands,” Lyle said. A representative with the Attorney General’s Office argued the state is trying to comply with orders, but admitted the state had instructions on its website contrary to the chancellor’s order, but has now removed them.

Under new legislation passed by the state Senate yesterday, Gov. Bill Lee is no longer required to sign a proclamation for Nathan Bedford Forrest Day on July 13, but it will still remain a day of observance, the Daily Memphian reports. In its original form, SB2199 sought to eliminate the day entirely, but was amended with language simply allowing the governor to avoid proclaiming the day in honor of Forrest or any other day of recognition. The Senate passed the amended bill 22-6, despite pleas from Sen. Brenda Gilmore, D-Nashville, and Senate Minority Chairman Raumesh Akbari, D-Memphis, to drop the day. “We’ve moved past Jim Crow. But I think the last couple of weeks show systemic racism still exists,” Akbari said, referring to nationwide protests over the death of George Floyd by Minneapolis police. “You can still remember and know what Nathan Bedford Forrest did without recognizing that day,” Akbari said.

The Nashville Business Journal has announced the list of honorees for its annual Best of the Bar awards. It was also announced that Hal Hardin of the Hardin Law Office is this year’s recipient of the Best of the Bar Lifetime Achievement award. Hardin has been in private practice since 1981, focusing on criminal law, civil litigation, corporate representation, crisis management, governmental agency investigations and complex litigation. He received the Nashville Bar Association's John C. Tune Public Service Award in 2018. 

Davidson County lawyer Kevin William Teets Jr. was yesterday suspended from the practice of law for 30 days by the Supreme Court of Tennessee. For one year following his reinstatement, Teets shall engage a practice monitor and he must pay the Board of Professional Responsibility all costs in the disciplinary proceeding. Teets assisted with the incorporation of a non-profit entity in exchange for being named treasurer of the non-profit, but later admitted to misappropriating funds while in that role. Teets is immediately suspended from the practice of law and prohibited from using any indicia of lawyer, legal assistant, or law clerk or maintaining a presence where the practice of law is conducted. He must notify all clients being represented in pending matters, as well as co-counsel and opposing counsel of the Supreme Court’s order suspending his law license and shall deliver to all clients any papers or property to which they are entitled.

Hamilton County lawyer Michael Eugene Richardson received a public censure from the Supreme Court of Tennessee yesterday. Richardson represented a client in a detainer and eviction action and designated his fee as non-refundable, but failed to obtain a written agreement signed by his client confirming the fee was non-refundable. The panel found his conduct violated Rules of Professional Conduct 1.5 and 8.4. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Williamson County lawyer Matthew David Dunn was yesterday disbarred from the practice of law by the Supreme Court of Tennessee. In 12 of the 31 separate disciplinary complaints filed against him, Dunn participated in a timeshare relief system that did not actually provide any relief to the complainants. Dunn would send a form letter to the timeshare agency, but then abandon each client. The remaining complaints involve Dunn assigning client files to associates within his firm. When the associates would leave, the client would remain with the Dunn Law Firm, but Dunn failed to communicate or work on the client’s file. Dunn must pay restitution in the amount of $95,621 and costs of the disciplinary proceeding. He may not return to the practice of law until an order of reinstatement has been entered by the Supreme Court.