TBA Law Blog


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Posted by: Kate Prince on Mar 19, 2020
News Type: Upcoming

The American Bar Association today cancelled its Equal Justice Conference, scheduled for May 6-9. It is exploring the possibility of rescheduling for a date later this year. The ABA asks that those already registered for the event hold off on requesting a refund until a decision on rescheduling is made, however, if that is not possible full refunds can be requested by emailing EJC@americanbar.org.

Posted by: Kate Prince on Mar 19, 2020

The Office of the Attorney General is closed to outside visitors at this time, but has made alternative arrangements for service of process. During this time, the personal service requirement has been waived. Service may be mailed to Office of the Attorney General and Reporter, P.O. Box 20207, Nashville, TN 37202-0207, if it meets the following conditions: the summons and complaint is emailed in PDF format to tnattygen@ag.tn.gov; the subject line of the email clearly states that a complaint has been filed; a cover letter is attached to the email stating the caption of the action, the trial court file number, a list of all attached documents, the date of transmission, and the sender’s name, address, telephone number and email address. Acknowledgement of receipt of the summons and complaint will be returned in PDF format to the email address provided by the sender. For questions call 615-741-3491 or email tnattygen@ag.tn.gov.

Posted by: Kate Prince on Mar 19, 2020
News Type: Legal News

U.S. District Judge Eli Richardson will allow a lawsuit filed by a Wayne County student against Rep. David Byrd, R-Waynesboro, to proceed, WSMV reports. The student claims school officials violated free speech rights by telling students to wear t-shirts promoting Byrd during a 2018 trip to “Senior Day on the Hill," an event hosted by Byrd for high school seniors. Lawyers for Byrd argued that the student didn’t attend the field trip and asked for the case to be dismissed, but Richardson ruled Wednesday that those arguments were not sufficient.

Posted by: Kate Prince on Mar 19, 2020

Davidson County Sheriff Daron Hall said today that some inmates will be released in response to the COVID-19 threat, the Tennessean reports. “It’s critical we reduce the inmate population now,” Hall said in the statement. He also encouraged others in the criminal justice system to do the same. Approximately 15 people will be released immediately. In Memphis, Shelby County Sheriff Floyd Bonner told the Daily Memphian that he lacks the authority to release detainees, but will work to review the files of nonviolent inmates who could then be passed to the courts for release consideration.

Posted by: Kate Prince on Mar 19, 2020
News Type: Legal News

A federal judge has issued a preliminary injunction in a lawsuit over Davidson County’s long-running cash bail policies, the Tennessean reports. The American Civil Liberties Union (ACLU) filed suit against Davidson County last month on behalf of the Nashville Community Bail Fund (NCBF), an organization that claims the county’s practices are unconstitutional. The injunction, filed Tuesday in federal court, stops the city from requiring defendants to agree that money posted to ensure release can be seized as payment of court fees that have not yet been set. Currently, the injunction only applies to cases handled by the NCBF, but a press release from the ACLU says the final order may be applied to all Davidson County cases.    

Posted by: Kate Prince on Mar 17, 2020

A special episode of Legislative Updates recorded today reviews how the legislature is responding to the COVID-19 virus in Tennessee. The TBA’s Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley walk us through the budget lawmakers are looking to pass before an early adjournment. Catch the full episode on Facebook Live by liking the TBA’s Facebook page.  

Posted by: Kate Prince on Mar 17, 2020

The Tennessee Association of Criminal Defense Lawyers (TACDL) has called on state and community leaders to help prepare for and address the “significant health risk” that the COVID-19 virus poses to law enforcement and inmates at state and local prisons, the Chattanoogan reports. In a statement yesterday, TACDL suggested reducing the prion and jail populations to help minimize the spread of the virus. The group proposed six steps to help reduce the number of pre-trial detainees, including liberally granting release to pre-trial detainees with non-violent offenses, releasing those most vulnerable to the virus, pausing the practice of holding arrestees without bond for violations of probation, and more. Additionally, TACDL urged judges to consider alternatives to incarceration when sentencing.

Posted by: Kate Prince on Mar 17, 2020

Gov. Bill Lee today said his administration will provide a series of relief opportunities for state residents, the Tennessean reports. Those opportunities include increased cash benefits for low-income families, relaxing requirements to collect unemployment checks and grants for local governments. Lee plans to pull funds from the reserves of the Temporary Assistance for Needy Families (TANF) fund, which currently contains $730 million. Lee’s administration faced criticisms in October for allowing the reserve to reach that number when its funds were meant to assist poor working families. The TANF program will begin issuing payments of up to $1,000 a month for a qualifying family of five that has lost employment as a result of the COVID-19 virus.

Posted by: Kate Prince on Mar 17, 2020

Due to property and other damage in the March 3 tornado and concerns over the spread of COVID-19, Davidson County has halted all evictions, the Tennessean reports. The Davidson County Sheriff’s Office confirmed it would also indefinitely suspend the service of other civil papers. Some proceedings, including orders of protection, child custody orders, emergency mental health orders and papers dealing with protection of elderly or vulnerable persons will still be delivered as normal. 

Posted by: Kate Prince on Mar 17, 2020

There are multiple legal clinics coming up to help those impacted by the March tornado. In Wilson County, virtual clinics will be held by phone on Thursday from 4 to 7 p.m. and on March 28 from 1 p.m. to 5 p.m. Attorneys interested in volunteering should contact Sonya Wright or Tiffany Hagar. The North Nashville Legal Advice Clinic will go on as scheduled on Thursday from 4 to 6 p.m. at the Matthew Walker Comprehensive Health Center, 1035 14th Ave. North. Attorneys interested in volunteering their legal services in person or by phone, should contact Andrae Crismon.


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