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Attorneys Suspended for Failing to Pay Annual Registration Fee

Posted by: Katharine Heriges on Sep 7, 2018
Twenty-eight inactive attorneys were suspended by order of the Tennessee Supreme Court on Aug. 31 for failing to pay the annual inactive registration fee. See the order and list of suspended inactive attorneys here. Additionally, 30 active attorneys were suspended for failing to pay the annual registration fee. See the order and a full list of suspended attorneys here.

Nashville Lawyer John Tarpley Testifies in Kavanaugh Hearings on Behalf of ABA, Explains ‘Well Qualified’ Rating

Posted by: Katharine Heriges on Sep 7, 2018
Former TBA president John Tarpley gave testimony today in the confirmation hearing of U.S. Supreme Court nominee Brett Kavanaugh. Speaking on behalf of the American Bar Association, Tarpley explained how the judge earned a unanimous “well-qualified rating,” The ABA Journal reports. Tarpley is the lead evaluator on the Standing Committee on the Federal Judiciary. He said the panel found that Kavanaugh “enjoys an excellent reputation for integrity and is a person of outstanding character. It was clear from all or our interviews and all of the other evidence that he learned the importance of integrity from a very early age.”

Supreme Court Solicits More Comments on Rules 6, 7

Posted by: Katharine Heriges on Sep 7, 2018
The Tennessee Supreme Court is soliciting additional comments from judges, lawyers, bar associations and members of the public regarding proposed revisions to Tennessee Supreme Court Rule 6. The change would require “new attorneys to complete a Tennessee Law Course within one year of admission to the Tennessee bar.” On April 19, the Tennessee Supreme Court entered an order soliciting comments with regard to the proposed revision. The court received comments from the Tennessee Bar Association, the Knoxville Bar Association, University of Tennessee law professors, and several interested individuals. The overwhelming majority of responses favored the adoption of a Tennessee Law Course as a pre-admission requirement. Similarly, the Tennessee Board of Law Examiners submitted a proposal for adopting the Tennessee Law Course as a pre-admission requirement under Supreme Court Rule 7. The deadline for submitting written comments is Sept. 28. Comments should be e-mailed to appellatecourtclerk@tncourts.gov or mailed to: James M. Hivner, Clerk, Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407. See the first and second attachments here.

Medical Expert Says Irick Was Tortured During Execution

Posted by: Katharine Heriges on Sep 7, 2018
A new court filing shows a medical expert concluded to a “reasonable degree of medical certainty” that recently executed Tennessee inmate Billy Ray Irick experienced “torturous” pain during his lethal injection, The Nashville Scene reports. Dr. David Lubarsky asserted that Irick was “aware and sensate during his execution and would have experience the feeling of choking, drowning in his own fluids, suffocating, being buried alive, and the burning sensation caused by the injection of the potassium chloride.” Irick was executed with a controversial three-drug cocktail, the same drug the state intends to use to execute Edmund Zagorski on Oct. 11.

White Nationalists Sue State Parks Over Security Fee Charge

Posted by: Katharine Heriges on Sep 7, 2018
After being charged a security fee for an upcoming event at a state park, a white nationalist group is suing the state, The Tennessean reports. The founder of New Century Foundation, more commonly known as American Renaissance, filed suit yesterday in U.S. District Court in Nashville against the director of state park operations for the Tennessee Department of Environment and Conservation. American Renaissance has held eight conferences at Montgomery Bell State Park, but in recent years protestors have shown up to the event, prompting officials to deploy additional rangers and security measures. The nationalist group is claiming that the 10 percent refundable security deposit now required of them is “unconstitutional.” 

Kentucky Lawyer Suspended

Posted by: Katharine Heriges on Sep 7, 2018
The Supreme Court of Tennessee today temporarily suspended the law license of Jonathan Stephen Carlton of Nortonville, Kentucky, from the practice of law upon finding Carlton failed to respond to the board regarding a complaint of misconduct. Section 12.3 of Supreme Court Rule 9 provides for the immediate summary suspension of an attorney’s license to practice law in cases of an attorney’s failure to respond to the board regarding a complaint of misconduct. Carlton is immediately precluded from accepting any new cases, and he must cease representing existing clients by Oct. 7.

Kavanaugh Hearings Day 2: Questions on Presidential Powers, Guns

Posted by: Katharine Heriges on Sep 5, 2018
The Senate Judiciary Committee confirmation hearing for U.S. Supreme Court nominee Brett Kavanaugh continued today, with the nominee promising independence and “judicial fortitude” if confirmed, Fox News reports. He received questions from senators about previous comments he had made about investigations involving a president. “No one’s about the law,” Kavanaugh said, adding that there’s no constitutional prohibition against pursuing prosecution against a president. He was also asked about a 2011 dissent he wrote in the D.C. vs. Heller case, in which he wrote that gun restrictions should be assessed by “text, history and tradition” rather than by dangers to the public or the government’s interest in regulation. 

Federal Court: North Carolina May Use Gerrymandered Map in November Elections

Posted by: Katharine Heriges on Sep 5, 2018
A panel of judges in the District Court for the Middle District of North Carolina has ruled that the state will be allowed to use its current electoral map for the November elections, despite having declared it an unconstitutional gerrymander last week, NPR reports. The judges wrote in their order that forcing the state to hastily redraw maps prior to November would “unduly interfere with the State’s electoral machinery and likely confuse voters and depress turnout.” Voting rights advocacy groups that challenged the map agreed with the court’s decision, saying they would rather voters use the current, unconstitutional map than risk depressing turnout.

TV Star Meets with Trump to Fight for Clarksville Inmate’s Freedom

Posted by: Katharine Heriges on Sep 5, 2018
Reality TV star Kim Kardashian West is again meeting with President Trump on behalf of a Tennessee inmate, The Leaf Chronicle reports. Kardashian West is advocating for the release of a Clarksville man, Chris Young, who was sentenced to life in prison without parole in 2014 on drug and firearm convictions. She previously spoke with former federal judge Kevin Sharp, who sentenced Young under a “three strikes” policy, and the two are both working to get Young’s sentence commuted. In May, Kardashian West spoke to Trump on behalf of Alice Marie Johnson from Memphis, who was granted clemency by the president a week later. 

Mayor Harris Names New Shelby County Attorney

Posted by: Katharine Heriges on Sep 5, 2018
New Shelby County Mayor Lee Harris announced today he has named Marlinee Clark Iverson as the next county attorney, The Commercial Appeal reports. Iverson is the juvenile court magistrate for Memphis and Shelby County and an adjunct faculty member at Christian Brothers University. She has also worked as assistant county attorney for Shelby County, assistant district attorney for the Shelby County District Attorney General and special assistant United States attorney. She will assume the role on Sept. 12.
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