Davidson County Chancellor Ellen Hobbs Lyle in a virtual hearing yesterday called the state’s guidelines about who can vote by mail due to the COVID-19 pandemic “very ambiguous,” the Associated Press reports. Two lawsuits have been filed against the state, seeking absentee voting for all voters this year in an attempt to help keep the COVID-19 virus from spreading at polling locations. Lyle cited “weighty proof” that other states have expanded to let all voters cast absentee ballots this year, but cautioned that whatever she orders needs to be “a practical, workable solution, or it will throw the election into chaos.” She said she will rule next week on whether to issue a temporary injunction to allow all voters to request absentee ballots for the Aug. 6 primary, something Tennessee officials say is not feasible. A federal lawsuit is also pending.  

Gov. Bill Lee has asked the state Senate to prioritize a bill that would release him from having to proclaim July 13 as Nathan Bedford Forrest Day, the Tennessean reports. State law currently requires the governor to proclaim that annual day of observation honoring the Confederate general and early Ku Klux Klan leader. It is among several special days of observation in Tennessee pertaining to the Confederacy. Lee signed the proclamation last year and, within days, after widespread criticism announced he would work to undo the existing requirement. The bill passed through the House in March, but was not originally among legislation the Senate said it would take up before adjourning for the year. Lee’s bill would remove the requirement that he proclaim Forrest Day and, after it was amended by the House, would now extend to all days he is currently required to proclaim.

The Tennessee Court of Criminal Appeals will livestream oral arguments on June 9, the first time any in-person appellate proceeding in the state has been livestreamed. The intermediate appellate court will hold in-person proceedings on four cases in Nashville. Under the judicial emergency currently in effect, access to the courthouse will be limited, but proceedings will be livestreamed and available through video or call-in. Judge Thomas T. Woodall, Judge Robert L. Holloway Jr. and Judge Timothy L. Easter will hear the cases at 9 a.m., 10:45 a.m., 1:30 p.m. and 3:15 p.m. CDT. The cases will be livestreamed through the Tennessee State Courts YouTube page. For those who want to listen in only, the State Courts website has more information on how you can dial in.

A total of four men have been arrested on varying charges related to damage at the Metro Historic Courthouse on Saturday, the Tennessean reports. The vandalism took place after a peaceful rally to protest the death of George Floyd, a black man killed by a police officer in Minneapolis. Wesley Somers and Jesse Lee Clark were charged with aggravated arson, vandalism and disorderly conduct after police say they broke courthouse windows and set fires inside. Police also claim Tondrique Fitzgerald ripped down a granite plaque commemorating the civil rights movement from the courthouse’s exterior and Vincent Hamer used objects to break at least two courthouse windows. Both of those men have been charged with aggravating rioting and vandalism. Officials say a small group of instigators infiltrated the peaceful “I Will Breathe” rally and march on Saturday, which drew more than a thousand people to downtown Nashville.

The Tennessee Supreme Court has declined to intervene in the legal battle over Gov. Bill Lee’s education savings account program and upheld an injunction that has put the program on hold, the Daily Memphian reports. Earlier last month, Davidson County Chancellor Anne Martin ruled that the program was unconstitutional and issued the injunction. The Appeals Court upheld that injunction and scheduled arguments to debate its constitutionality for Aug. 5. Attorney General Herbert Slatery asked the Supreme Court to step in and take the case since an Aug. 5 decision would come too late to meet the program’s rollout deadline. Lee’s proposed budget plan for 2021 reduced the voucher program by $22 million, but kept it intact. The program still contains $16 million to provide $7,300 in payments to around 2,000 students.

An item in Tuesday’s TBA Today regarding virtual legal clinics held by the Legal Aid Society of Middle Tennessee and the Cumberlands linked to the wrong clinic schedule. The Free Legal Phone Clinic June schedule can be found here. Please contact Andrae Crismon or Kendra Cheek, 615-780-7131, for more information or to volunteer.

The TBA’s 2020 Summer FastTrack program will be held as a virtual program with sessions specifically designed for practitioners in the Memphis, Nashville and Knoxville areas. The Knoxville program will take place on Aug. 21. Don’t miss the opportunity to join area judges and attorneys for four one-hour presentations and an optional lunchtime Zoom mixer. Attendees will hear from Tennessee Supreme Court Justice Sharon Lee, Frank Johnstone of Wilson Worley PC in Kingsport and Samantha Parris with the Law Office of Samantha Parris in Knoxville. Registrants also will receive eight hours of prepaid credit to use on any of the TBA’s online or virtual CLE offerings and three hours of exclusive online videos designed specifically for general practitioners on topics such as working from home, law practice management and tips for growing your practice. Sign up now and get 15 hours of CLE credit through this one program!

Legal Aid Society of Middle Tennessee & the Cumberlands will hold its June legal clinics over the phone due to the COVID-19 pandemic. Local attorneys will offer advice on questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Those needing assistance may call 800-238-1443 on one of these dates to speak to an attorney. Please contact Andrae Crismon or Kendra Cheek, 615-780-7131, for more information or to volunteer. Phone clinics planned for this week will take place tomorrow from 11-1 p.m. and 4-6 p.m., Thursday from 4:30-6 p.m. and Saturday from 9:30-11:30 a.m. CDT. 

Recent University of Tennessee College of Law graduate Brooke Spivey has been named a 2020 Fellow with Equal Justice Works, the law school’s website reports. Spivey is one of 78 fellows chosen from more than 430 applicants. She will help launch a federal civil reentry program to address legal obstacles of employment, housing and restoration of voting rights for federal offenders on probation in the Eastern District of Tennessee. Spivey will work to develop an individualized plan for each client, by identifying the civil legal impediments and applying for relevant eligible relief. Additionally, she will be petitioning for Certificates of Employability, representing participants in housing hearings, and aiding in the restoration of voting rights. Read more on the project at EJW’s website.

GOP leaders will tour Nashville on Thursday as they consider moving the 2020 Republican National Convention to the city, WPLN reports. The convention is still currently scheduled for Charlotte, North Carolina, but its future there is uncertain after North Carolina Gov. Roy Cooper told the party it could only move forward if strict social distancing measures were put into place. Gov. Bill Lee said conversations with the National Republican Committee about the possible relocation have just started. “Nashville is the best place in America to have a convention, and we certainly would be interested in welcoming that to our city,” Lee said. “It would be a great opportunity for us to build upon the economic recovery that is already occurring.”