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State Prison Chief Asks for Safekeeping Policy Review Amid Controversy

Posted by: Katharine Heriges on Mar 28, 2018
After a February report found that some Tennesseans who had not been convicted of a crime were held for months in solitary confinement, the head of the state prison system told lawmakers Monday that he’s asked for a review of Department of Corrections safekeeping policies, The Tennessean reports. Commissioner Tony Parker told the Senate State and Local Government Corrections Subcommittee he asked the department's chief general counsel to review the safekeeping policy, "to try and find ways to be as less restrictive as we can.”

Louisiana AG Declines to Charge Officers Who Killed Alton Sterling

Posted by: Katharine Heriges on Mar 28, 2018
Louisiana Attorney General Jeff Landry decided not to file charges against two police officers who fatally shot a man outside a convenience store in 2016, The Washington Post reports. Alton Sterling was armed when he was shot by Blane Salamoni and Howie Lake II, but it was unclear whether he was reaching for his gun when the officers tackled and shot him. Landry’s decision came after the Justice Department made the same move, citing insufficient evidence.

Hamilton County Lawyer Placed on Disability Inactive Status

Posted by: Katharine Heriges on Mar 28, 2018
The law license of Hamilton County lawyer David Haines Rotroff was transferred to disability inactive status today pursuant to Section 27.3 of Tennessee Supreme Court Rule 9. Rotroff cannot practice law while on disability inactive status. He may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing of clear and convincing evidence that the disability has been removed, and he is fit to resume the practice of law.

Attorney Parke Morris Talks about Nursing Home Litigation

Posted by: Katharine Heriges on Mar 28, 2018
In this one-hour online CLE from the Tennessee Bar Association, attorney Parke Morris reviews recent cases involving nursing home and long-term care. Other topics include prosecuting and defending cases in this area and identifying legal issues.

2018 Fee & IOLTA Suspensions

Posted by: Katharine Heriges on Mar 28, 2018

The Tennessee Supreme Court has issued a number of orders suspending Tennessee-licensed attorneys who have not paid their 2017 annual registration fee to the Board of Professional Responsibility and/or have not filed a mandatory compliance statement that eligible client funds are held in accounts participating in the Interest on Lawyers’ Trust Accounts (IOLTA) program. The court also has issued orders for those attorneys who filed their IOLTA report but did not pay their fee, and those attorneys who paid their fee but did not file the IOLTA report.

Section Chair Odeneal Testifies on Foster Care Bill

Posted by: Katharine Heriges on Mar 27, 2018
TBA Juvenile and Children’s Law Section Chair Stacie Odeneal today testified before the House Civil Justice Committee and the Senate Judiciary Committee on the Foster Care Support and Continuity Act (HB2019/SB1931), sponsored by Rep. Bob Ramsey, R-Maryville, and Sen. Becky Massey, R-Knoxville. Odeneal said she appreciated the sponsors’ support of foster parents but had concerns about provisions in the bill. Both committees rolled consideration of the bills until next week. Odeneal committed to working with the sponsors and the Tennessee Department of Children Services on amending the bills.

Lawmaker Accused of Sexual Misconduct; Harwell Calls for Resignation

Posted by: Katharine Heriges on Mar 27, 2018
Tennessee House Speaker Beth Harwell, R-Nashville, is calling for the resignation of Rep. David Byrd, R-Waynesboro, over allegations of sexual misconduct, WSMV reports. Three women accused Byrd of inappropriate sexual contact Byrd made toward them when he was serving as their basketball coach more than 30 years ago. The women were teenagers at the time. Byrd has not yet responded to the accusations.

California, New York Sue Over Addition of Citizenship Question to Census

Posted by: Katharine Heriges on Mar 27, 2018
The state of California filed a lawsuit against the Trump administration last night over the decision to add a question about citizenship to the 2020 Census, The Washington Post reports. Today, New York Attorney General Eric Schneiderman announced that he would lead a multi-state lawsuit to fight the measure. California’s lawsuit alleges that the change violates the constitutional requirement of “actual enumeration” of every person in every state, every 10 years.

Student at Heart of Brown v Board of Education Dies

Posted by: Katharine Heriges on Mar 27, 2018
Linda Brown, the student who was at the heart of the landmark Brown v. Board of Education decision in 1954, died in Topeka, Kansas, on Sunday, NPR reports. She was 76. Though Brown v.  Board involved several families, Brown’s father Oliver was the catalyst for the litigation after he attempted to enroll his daughter at an all-white elementary school close to the family home. In the U.S. Supreme Court case, the justices ultimately ruled that the previous “separate but equal” doctrine denied the 14th Amendment guarantees of equal protection under the law.

Former Justice Calls for Repeal of Second Amendment

Posted by: Katharine Heriges on Mar 27, 2018
In an op-ed in The New York Times, former Supreme Court Justice John Paul Stevens said that demonstrators who marched against gun violence this past weekend should demand a repeal of the Second Amendment. Stevens called the reasoning behind the original creation of the Second Amendment “a relic of the 18th century” and cited the District of Columbia v. Heller decision, which he dissented from in 2008, as providing the National Rifle Association with “a propaganda weapon of immense power.”
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