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Hawkins County Mayor to Run for State House District 9

Posted by: Katharine Heriges on Feb 7, 2018
Outgoing Hawkins County Mayor Melville Bailey will challenge state Rep. Gary Hicks in the Republican primary for House District 9, Humphrey on the Hill reports. Bailey announced several weeks ago that he would not seek reelection as county mayor. Hicks was first sworn in to the House in January 2016. District 9 serves Hawkins and Hancock counties.

Ethics Complaint Filed Against Mayor Barry Alleging Improper Influence

Posted by: Katharine Heriges on Feb 7, 2018
An ethics complaint has been filed against Nashville’s Mayor Megan Barry, alleging that her extramarital affair with a police officer influenced her decision making in matters of criminal justice, The Tennessean reports. The complaint claims that Barry’s involvement with Sgt. Rob Forrest contributed to her lack of support for a community oversight board to monitor police. It cites the October 2016 “Driving While Black” report and the death of Jocques Clemmons, a black man killed by police, as major incidents that were potentially overlooked by Barry’s administration during her affair.

Shelby Family Loses Suit Against Durham School Services

Posted by: Katharine Heriges on Feb 7, 2018
The family of a Shelby County boy who was injured on the way to school will receive no compensation from Durham School Services after a jury determined the company was not enough at fault in the accident, The Commercial Appeal reports. Timothy and Teresa Kocher sued Durham for $14 million, accusing the company of leaving their son at a bus stop. The child, who arrived early to the stop to find the bus leaving without him, was unsuccessful in flagging down the driver. He went home and grabbed his bike to ride to school, and was hit by a truck on the way. The jury agreed that the company shared some of the blame, but it determined that the plaintiffs were more at fault and awarded no damages.

DOJ Closes Obama-Era Access to Justice Office

Posted by: Katharine Heriges on Feb 7, 2018
The U.S. Department of Justice has shuttered the Office for Access to Justice, which began in 2010 with the goal of making legal aid accessible to all citizens, The New York Times reports. While Attorney General Jeff Sessions cannot close the office without notifying Congress, he can effectively close it by reallocating its resources. The offices are now dark and no longer staffed. The DOJ has not commented on the move.

CLE Fear Factor

Posted by: Katharine Heriges on Feb 7, 2018

Lawyer and CLE performer Stuart Teicher visits Tennessee with two ethics programs focusing on technology disruptions and ethics on Feb. 28. See program details on The Fear Factor: How Good Lawyers Get into Bad Trouble and Technology Disruptions: Cutting Edge Concerns Causing Ethical Headaches. Both programs offer ethics credit and are available in-person or via webcast.

Appeals Court Rules $250 TBI Fee for DUI Convictions is Unconstitutional

Posted by: Katharine Heriges on Feb 7, 2018
The Court of Criminal Appeals in Knoxville ruled a statute that gives the Tennessee Bureau of Investigation $250 for DUI convictions obtained using a blood or breath test is unconstitutional, The Tennessean reports. The decision came from a DUI case in which a woman argued her blood test should be suppressed because the fee system violated her right to a fair trial and gave the TBI financial motivation to rack up convictions. Her case was among more than 20 other cases involving defendants who gave blood or breath samples.

TBA YLD Recognized for Expungement Clinic Project

Posted by: Katharine Heriges on Feb 6, 2018
The TBA's Young Lawyers Division was selected by the American Bar Association's YLD as the Affiliate Star of the Quarter, in recognition of its expungement clinic project. The TBA YLD was recognized at the YLD Council meeting on Friday at the ABA Midyear Meeting in Vancouver. It will also be featured in the February edition of The Affiliate, the ABA Young Lawyers Division’s digital publication.

TSC: Municipal Taxes Must Be Paid Under Protest Before Seeking Refund

Posted by: Katharine Heriges on Feb 6, 2018

In a unanimous opinion, the Tennessee Supreme Court ruled that a taxpayer must pay disputed municipal taxes under protest before suing for a refund. In Chuck’s Package Store et al. v. City of Morristown, the court concluded that because of a change in state law, as of Jan. 1, 1986, a taxpayer is not required to pay under protest disputed state taxes collected or administered by the commissioner of revenue before seeking a refund. However, the change in state law did not affect taxpayer lawsuits to recover disputed municipal taxes. After Jan. 1, 1986, a taxpayer is still required to pay under protest disputed municipal taxes before suing for a refund. The opinion, authored by Justice Sharon G. Lee, reversed a Court of Appeals decision and the ruling of the Hamblen County Chancery Court.

Sign Up to Volunteer for Mock Trial 2018

Posted by: Katharine Heriges on Feb 6, 2018

The TBA's Young Lawyers Division is seeking attorneys, judges, law students and legal staff to volunteer for the annual Tennessee High School Mock Trial Competition, set for March 23-24 in Nashville. The winning high school team will go on to compete in the national tournament in Reno, Nevada, in May. Attorney volunteers will be utilized in the competition as scorers and judges, presiding over rounds, while law students and legal staff will serve as bailiffs. The mock trial competition is the largest annual program of the YLD, so many volunteers will be needed. Sign up here or visit the TBA website for more information.

Escobar to Challenge Leonardo for Nashville General Sessions Judge

Posted by: Katharine Heriges on Feb 6, 2018
Newly appointed Judge Nick Leonardo — a former Nashville Metro Councilman who won his spot on the bench by a recent council vote — now has a familiar challenger, The Tennessean reports. Ana Escobar, who ran against Leonardo for the appointment, announced that she will run for the General Sessions seat in the May 1 county election. Escobar, a former assistant prosecutor at the Davidson County Attorney General’s Office, also sought a special appointment to the bench in May 2017, but also lost that bid to another Metro Councilman, Sam Coleman.
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