TBA Law Blog


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Posted by: Kate Prince on Mar 31, 2022

TBA Legislative Updates podcast is now streaming with TBA Public Policy & Government Affairs Director Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin. This week, lawmakers and the Tennessee Supreme Court bid farewell to outgoing Administrative Office of the Courts Director Deborah Taylor Tate, Gov. Bill Lee made three new judicial appointments and Brad gives an update on the professional privilege tax. To see a list of all of TBA’s bills, visit our online bill tracker. Legislative Updates airs every Thursday on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Kate Prince on Mar 28, 2022

In honor of Women’s History Month, the TBA has again rallied its past, current and future female presidents for a one-hour conversation on their experiences, influences and the impact women have made on the legal profession. The virtual panel will take place this Wednesday from 3 to 4 p.m. CDT. Attorney Julie Bhattacharya Peak will moderate the panel, which will include former TBA presidents Cindy Wyrick, Jackie Dixon, Marcy Eason, Sarah Sheppeard and Michelle Greenway Sellers, as well as current TBA President Sherie Edwards and President-elect Tasha Blakney. RSVP for the event and submit questions for the panelists here.

Posted by: Kate Prince on Mar 25, 2022
News Type: Legal News

The 2022 Tennessee State High School Mock Trial Competition kicked off today in Nashville. Hosted by the TBA’s Young Lawyers Division, 14 teams from across the state will compete for the title of champion. This year’s qualifying teams are Unicoi County High School, Farragut High School, Knoxville Catholic High School, two teams from Girls Prepatory School, Signal Mountain High School, Warren County High School, Clarksville High School, two teams from Montgomery Bell Academy, two teams from Agathos Classical School, Memphis University School and St. Mary’s Episcopal School. The final round will take place tomorrow afternoon, with new Tennessee Supreme Court Justice Sarah Campbell presiding. Winners of the competition will qualify for the National High School Mock Trial Championship.

Posted by: Kate Prince on Mar 25, 2022
News Type: Legal News

Legal tech company Clio announced this week it is offering three months of free legal practice management software to legal professionals, firms, non-profits and legal clinics financially impacted or displaced by the conflict in Ukraine, as well as lawyers offering pro bono assistance to Ukrainian refugees and asylum seekers. You do not need to be a Clio customer to take advantage of this offer. If you are a legal professional who could benefit from this offer please complete the Assistance Application. If you have any issues accessing or completing the form, please contact affinity.partners@clio.com.

Posted by: Kate Prince on Mar 25, 2022
News Type: Legal News

Washington and Lee University School of Law has named Melanie D. Wilson as its next dean. She will also hold the Roy L. Steinheimer Jr. Professorship in Law. Wilson served as dean of the University of Tennessee College of Law for five years, stepping down in 2020 to return to teaching. She is currently UT Law’s dean emerita and Lindsay Young Distinguished Professor. Before entering academia, she clerked for a federal district court judge and practiced for 13 years in both the private and public sectors, including six years as an assistant United States attorney and four years as an assistant attorney general for the state of Georgia. She later joined the faculty of the University of Kansas School of Law where she went on to serve as professor of law, associate dean for academic affairs, and director of diversity and inclusion. “I am deeply honored and excited to join the Washington and Lee University community at a time of great promise,” Wilson said. Read more from Washington and Lee.

Posted by: Kate Prince on Mar 25, 2022
News Type: Legal News

A circuit court in Benton County this week ruled that a state statute authorizing warrantless trespassing and surveillance by Tennessee game wardens is ‘unconstitutional,’ the Associated Press reports. The ruling was made in response to a lawsuit brought by two Benton County landowners, represented by the Institute for Justice, against the Tennessee Wildlife Resources Agency (TWRA). According to the Tennessee Lookout, the landowners filed suit after the TWRA in 2018 installed surveillance cameras on their private property. The suit challenged the constitutionality of a state statute that says TWRA officers may “go upon any property, outside of buildings, posted or otherwise.” Institute for Justice attorney Josh Windham says the new ruling will apply broadly to land across the state. The state has 30 days to appeal the ruling.

Posted by: Kate Prince on Mar 25, 2022
News Type: Election 2022

Chattanooga attorney Caldwell Huckabay this week qualified to run for judge in Hamilton County’s General Sessions Court, Division II, the Chattanoogan reports. According to his firm’s website, Huckabay previously practiced at Chattanooga’s Chambliss Law and later the Hamilton County District Attorney’s Office before opening his own practice. “As a former prosecutor in the District Attorney’s office and, later, as a teacher here in Hamilton County, I have tried to make our community better and stronger,” Huckabay said in a statement.   

Posted by: Kate Prince on Mar 25, 2022

The Tennessee Supreme Court is seeking public comments on amendments to Tennessee Supreme Court Rule 10B that were proposed by the Tennessee Trial Judges’ Association this week. If adopted, the proposed amendments will provide for summary denial of improper repetitive recusal motions, give the appellate court a means of supplementing the factual record and codify existing case law on the scope of expedited interlocutory appeal and the procedures to be followed on remand from orders reversing trial court orders denying recusal motions. Read the proposed amendments here. Comment must be submitted by May 23 and should be emailed to appellatecourtclerk@tncourts.gov or mailed to James Hivner, Clerk, RE: Tennessee Supreme Court Rule 10B, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.

Posted by: Kate Prince on Mar 25, 2022

The Tennessee Supreme Court yesterday adopted an amendment to Rule 9, section 33.1(d) regarding appeals of disciplinary enforcement. The amendment went into effect immediately after it was filed. Read the entire amendment here.  

Posted by: Kate Prince on Mar 25, 2022
News Type: Legal News

Several lawmakers are set to testify in front of a grand jury on Monday morning amid an ongoing FBI investigation into a kickback scheme involving a political consulting firm, the Tennessean reports. Former Republican state Rep. Robin Smith earlier this month pleaded guilty to federal wire fraud for her involvement with Phoenix Solutions, a consulting firm with alleged ties to Rep. Glen Casada, R-Franklin, and his former chief of staff Cade Cothren. Federal subpoenas for House Speaker Cameron Sexton, R-Crossville, Rep. Bud Hulsey, R-Kingsport, and others suggest that investigators might also be looking into Right Way Counseling, a second consulting firm set up by Casada. At least one legislator said the subpoenas do not specify the subject of the investigation. A Tennessean analysis found that 13 Republican representatives and one political action committee spent around $20,948 with Right Way Consulting in 2019 and 2020.


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