Five attorneys have applied to fill a vacancy on the Sixth Judicial District Criminal Court, which includes Knox County. The vacancy was created after Judge Kyle A. Hixon was confirmed to the Criminal Court of Appeals – Eastern Section. Emily Faye Abbott, Ashley McDermott, Nathaniel R. Ogle, Hector I. Sanchez and Wesley D. Stone will appear before the Trial Court Vacancy Commission public hearing on Aug. 2 for interviews. The hearing will begin at 9 a.m. EDT and will result in the commission forwarding three names to Gov. Bill Lee for his consideration. The Administrative Office of the Courts has more information on the applicants.

Civil rights icons Diane Nash and Fred Gray were this afternoon awarded the Presidential Medal of Freedom by President Joe Biden, the Tennessean reports. The nation’s highest civilian honor, the Medal of Freedom is awarded to people who made significant contributions in the U.S. or internationally in politics, philanthropy, science, sports, the arts and other arenas. Gray, a civil rights attorney and global icon for Black American jurists, and Nash, a civil rights activist, were among 15 who received the award. "Fred’s legal brilliance and strategy desegregated schools and secured the right to vote," Biden said of Gray during the ceremony. The president also praised Nash’s "unshakeable courage," during the Civil Rights Movement.

Memphis lawyer Terry Smart died on June 26. He was 75. A graduate of the Memphis State Law School, where he would later serve as an adjunct professor, Smart practiced law in Memphis his entire career. After he retired from the legal profession, Smart co-authored "Evans Duck Decoy Factory, a Collectors Comprehensive Pictorial Reference Guide,” a book about the history of duck decoys. Smart was an avid decoy collector and a large sample of his decoys can be found on display at the Ducks Unlimited Museum in Memphis’ Bass Pro Pyramid. Services will be provided for Smart at the Goosepond Cemetery in Scottsboro, Alabama. In lieu of flowers, please make donations to the Goosepond Cemetery, (251) 259-1069.

The Tennessee Supreme Court today adopted amendments to Rule 46 regarding electronic filing. The revised rule replaces the prior transitional Rule 46 and continues to authorize parties to e-file documents voluntarily. Read the order, which went into effect on July 1.

The Knoxville News Sentinel is suing the city for public records that would reveal the process used by Mayor Indya Kincannon to screen police chief candidates. New Orleans Police Deputy Superintendent Paul Noel was hired for the job after a private national search firm was hired by the city to help Kincannon with the hiring process. According to Knox News, the city now maintains that the use of the outside company shields it from state open records law. The paper says it rejects that position. "The city is intentionally and knowingly trying to hide public business from voters and taxpayers, and we're willing to fight to obtain records that legally are public documents," said Joel Christopher, Knox News executive editor. Christopher went on to say that the paper has no issues with the hiring of Noel, but the “secretive process that insults the concept of conducting the people's business with transparency."

The Food and Drug Administration (FDA) and e-cigarette company Juul yesterday agreed to suspend their court battle while the government reopens its review of the company’s product, the Associated Press reports. In June, the FDA banned the sale of Juul’s e-cigarettes, but a day later the ban was temporarily blocked by a federal appeals court. Earlier this week, the FDA placed a hold on the ban, saying that Juul’s application warranted “additional review.” The FDA said it originally ordered the ban because Juul’s application, which must show how their e-cigarettes benefit public health, left regulators with significant questions. Juul argued it had submitted enough information to address all questions and issues. If the FDA eventually decides to reimpose its ban, Juul will have 30 days to seek another stay, according to the filing. In related news, a New York court yesterday rejected Juul’s attempt to dismiss a 2019 lawsuit brought by New York Attorney General Letitia James. The suit, which accuses Juul of fueling teen nicotine addiction through deceptive and misleading marketing, can now proceed, Reuters reports.

The 26th District Public Defender’s Office in Jackson is in search of an assistant public defender. The position consists of representation of indigent defendants in the Circuit courts of Madison County. Experience is preferred but not required. Salary is dependent on experience. Compensation package includes benefits such as health, dental and vision insurance, as well as retirement plans. Candidates should email resumé and a list of three references to Sherry Koffman. Read more about this posting and see others like it on the TBA’s JobLink site.  

The Tennessee Supreme Court yesterday disbarred Sullivan County attorney Jason R. McLellan from the practice of law. McLellan misappropriated estate funds in the representation of a client and attempted to conceal the misappropriation, made misrepresentations to a court, engaged in conduct involving dishonesty, fraud, deceit and misrepresentation, failed to abide by a client’s decision regarding the dismissal of a pending lawsuit, failed to reasonably consult with a client about the means by which the client’s objectives were to be accomplished, and failed to obtain the client’s informed consent before taking action. He also failed to keep client information confidential, failed to withdraw after a conflict of interest developed, allowed a third person to direct his professional judgment, failed to comply with his ethical requirements upon discharge from representation, and failed to comply with the requirements of a suspended attorney. Finally, he failed to comply with court orders, and failed to respond to disciplinary complaints. He is not eligible for reinstatement in Tennessee.

Fulfill all your annual CLE requirements with the TBA’s Tennessee FastTrack program in Memphis on Aug. 26. This annual staple is a 15-hour CLE, offering tips and updates in diverse areas of law, designed to be relevant to a wide range of practice areas. The program will provide a combination of live credit and prepaid credits to complete online anytime — at home or on mobile — allowing you to customize learning to your schedule. The Memphis program will run from 8 a.m. until 5 p.m. CDT at the FedEx Institute of Technology – Fishbowl Room, 365 Innovation Dr., Memphis 38152. Register for the program today. The series will also hold sessions in Nashville on Sept. 16 and Knoxville on Sept. 23.

From the Communications Team, meet Director of Access to Justice & Special Projects Liz Slagle Todaro! Liz has worn a variety of hats in her 10 years with the TBA, but has consistently worked with the TBA Access to Justice Committee. Liz also supports special projects including implementing TBA’s updated website and association management platform. As a native Nashvillian, Liz loves live music and admits her musical tastes are heavily influenced by her 15-year-old twins, Bella and Evie! She’s also been involved with policy debate for more than 30 years including working with urban debate leagues across the country. She even met her husband Corey on Emory’s Barkley Forum debate team!

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff members makes the association run. Check back every Wednesday for a new staff profile in TBA Today and on the TBA's Facebook, Twitter and Instagram accounts.