A new report from Disability Rights Tennessee and the Youth Law Center claims the Wilder Youth Development Center in Somerville is being run like a “dangerous jail,” in violation of state and federal laws, the Associated Press reports. The report says Wilder has a dearth of rehabilitative and educational services, a disproportionately high number of Black youths and young people with disabilities confined there and a reliance on solitary confinement. It also says the facility has a “pattern and practice of abuse perpetrated by staff at Wilder, including physical abuse, sexual abuse, and staff orchestrating attacks on youth.” A spokesperson with the Tennessee Department of Children’s Services said a full review of the report would be conducted, but expressed confidence that community partners, lawmakers and staff could “work towards a resolution to any concern that may exist.” Read the report here.

Brandon Toney, a Germantown intensive care nurse practitioner, has been removed from the ballot in the Republican primary for State Senate District 31, the Commercial Appeal reports. Members of the Tennessee Republican Party voted against restoring Toney to the ballot after his Republican “bona fides” were challenged. The party’s bylaws state that a person must vote in three of the past four Republican primaries to be considered a bona fide Republican. In a letter to party members, Toney acknowledged that he had not voted in the primaries in question, but that he was “clearly a Republican with a demonstrated record of supporting Republican candidates and committees.” He was set to face Brent Taylor in the August primary to fill the seat of outgoing state Sen. Brian Kelsey who is not running for reelection following his indictment on allegations of illegally redirecting campaign finance dollars.

Metro Council Member Freddie O’Connell yesterday confirmed that he will run for Nashville mayor in 2023, the Tennessean reports. O’Connell serves Nashville’s District 19, the city's most populous and fastest-growing district. Since being elected to Metro Council in 2015, O’Connell pushed for improved and increased transit and  infrastructure for bicyclists and pedestrians as well as services aiming to house Nashvillians experiencing homelessness. He said his decision to enter the mayoral race stems in part from a desire for clearer policies and more decisive actions surrounding Nashville's response to homelessness and increasing transit needs as the city grows.

The state attorney general last week asked a Davidson County court to compel Cade Cothren, former top aide to Rep. Glen Casada, R-Franklin, to explain why he refused to obey subpoenas issued in a campaign finance probe earlier this year, the Tennessean reports. Cothren, who left state politics amid a racist and misogynistic texting scandal, was issued two subpoenas during an investigation into the Faith Family Freedom Fund political action committee. Cothren’s attorney, Cynthia Sherwood, called the subpoenas an "abuse of process" and said Cothren would invoke his 5th Amendment right against self-incrimination. Attorney General Herbert Slatery in last week’s court filing argued Cothren had broadly misused that privilege and could not use it as “a blanket shield from testifying or producing requested documents."

Federal public defenders are asking Gov. Bill Lee to issue a moratorium on all executions, one week after the governor delayed the execution of Oscar Franklin Smith due to “technical oversight” in the lethal injection process, the Tennessean reports. Kelley Henry, chief of the federal public defender's habeas unit, says she wants an immediate independent review of the problem. In a letter to Lee, Henry wrote a review would be “the right thing to do for the residents of this state who deserve to know that the most solemn act of government is approached with the utmost care and professionalism.” Lee issued a temporary reprieve roughly one hour before Smith was scheduled to be executed on April 21, with no explanation. He has said he will release more details Monday.

Three attorneys selected by Gov. Bill Lee to serve on the state’s appeals court and criminal appeals court were yesterday confirmed to the bench by Tennessee lawmakers, the Times Free Press reports. Hamilton County Criminal Court Judge Tom Greenholtz and Knox County Criminal Court Judge Kyle Hixson were both confirmed to the Tennessee Court of Criminal Appeals, Eastern Division. Jeffrey Usman, an associate professor of law at Belmont University College of Law, was confirmed to serve on the Tennessee Court of Appeals, Middle Division. In a release announcing their appointments in March, Lee said he was sure the nominees would “serve our state with the highest integrity.” The Nashville Post reported that each appointment would be effective Sept. 1.

The #TeamTBA series continues today with the CLE department’s Jarod Word! Jarod is a Senior Education & Professional Development Coordinator. In that role, he facilitates a number of TBA sections and the Attorney Well Being and Public Education committees. He authors section newsletters, does a variety of behind-the-scenes work and runs one of the TBA’s biggest programs – the Annual Health Law CLE. If his life were turned into a movie, Jarod would ideally like to be portrayed by Tom Hardy, but realistically thinks it would be someone more like Larry David.

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff member 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. 

The Tennessee Bar Association’s renewal portal for 2022-2023 is open! Renew your membership to continue your access to CLE programming with three pre-paid credits, TBA’s Practice Management Center, free online legal research through Fastcase and timely information through TBA Today, TBA Podcasts and the Tennessee Bar Journal. Also now available is access to the TBA’s Group and Solo Health Insurance Plans. Attorneys not participating in the TBA's firm billing program can login and access renewal information through your MyTBA dashboard.

In the most recent episode of the TBA Legislative Updates podcast, TBA Public Policy & Government Affairs Director Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley cover the final word on the professional privilege tax. Unfortunately, the state budget, which has now passed the House and Senate, did not include language that would reduce or eliminate the professional privilege tax for attorneys. House and Senate leadership did eliminate the doctors from the list of professions that have to pay this tax as a thank you to the doctors for being on the front lines of the pandemic for the last two years. The TBA will continue the push to eliminate the professional privilege tax and to encourage members to bring up the need to eliminate the tax any time when in contact with members of the legislature. On a positive note, it appears that the extra $3 million the governor allocated to indigent representation stayed in the budget that passed the House and Senate.

The Board of Professional Responsibility (BPR) has submitted comments to proposed amendments to Tennessee Supreme Court Rule 9 and Rule 25, regarding Tennessee’s current annual registration fee. In the comments, the BPR expresses support for an increase in annual attorney registration fees. It also supports raising the Tennessee Lawyers’ Fund for Client Protection (TLFCP) attorney cap. Finally, it supports TLFCP’s petition to publicize payments of claims to state judges, the bar and the public. Read the full comment.