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Lawmakers Crack Jokes During First Sexual Harassment Training

Posted by: Katharine Heriges on Jan 11, 2018
During the first-ever sexual harassment training for members of the Tennessee State House, lawmakers made jokes and blamed provocative clothing for harassment, The Tennessean reports. Rep. Courtney Rogers, R-Goodlettsville, said she “had to fight the urge to laugh” at the clothing of female lobbyists and interns, saying women have a “responsibility” to maintain decorum. Rep. Joe Towns, D-Memphis, and Rep. John Mark Windle, D-Livingston, joked with each other, one claiming the other had harassed him and asking for his colleague to be removed. Former Rep. Jeremy Durham’s conduct was one of the triggers for the new training, and Rogers was one of only two House members to not vote for Durham’s expulsion. 

Construction Law Forum 2018

Posted by: Katharine Heriges on Jan 11, 2018
A CLE on construction law will be held Jan. 26 at the Tennessee Bar Center in Nashville. Topics will include available insurance products and particular coverages involved in a construction project, coverage for defective work, drafting complaints to invoke coverage, dealing with exclusions, payment and performance bonds, indemnity agreements necessary to obtain bonds, retainage issues, and conflicts of interest when representing insureds in construction litigation. 

Parker Confirmed to U.S. District Court

Posted by: Katharine Heriges on Jan 11, 2018
Thomas L. Parker was confirmed to a seat on the U.S. District Court for the Western District of Tennessee by a Senate vote of 98-0. Judge Parker was nominated by President Donald Trump in July 2017 to fill one of two vacancies created by the departures of Judge Hardy Mays and Judge Daniel Breen. Judge Parker is currently a shareholder in the Memphis office of Baker Donelson Bearman Caldwell & Berkowitz, where he represents clients in civil litigation and criminal matters. He is a former president of the Memphis Bar Association.

Haslam Names Nichols to 30th District Bench

Posted by: Katharine Heriges on Jan 11, 2018
Gov. Bill Haslam today appointed Jennifer S. Nichols of Memphis as Criminal Court Judge for the 30th Judicial District, which serves Shelby County. Nichols, 55, replaces Judge James C. Beasley Jr., who retired effective Dec. 31. Nichols has been Deputy District Attorney General in Shelby County since 2014. Nichols joined the District Attorney General’s Office in 1991, serving as a prosecutor until 2003 when she left to join the law department of the United States Postal Service. She returned to the District Attorney General’s Office six years later and served as chief prosecutor for the Special Victims Unit from 2010 to 2014.

New Batch of Uniform Laws to Get Consideration

Posted by: Katharine Heriges on Jan 10, 2018
Tennessee’s Uniform Law Commissioners are asking the TBA to undertake, review and consider five new uniform laws for possible enactment during the 2018 legislative session. The five commissioners are appointed by the Governor to join with commissioners from other states recommending uniform laws for enactment. Commissioner Tim Amos has indicated that the Uniform Protected Series Act is of most importance. Also under consideration are the Uniform Commercial Real Estate Receivership Act, the Uniform Partition of Heirs Property Act, the Uniform Unsworn Domestic Declarations Act and the Uniform Directed Trusts Act. Members of several TBA sections will undertake formal reviews and possibly recommend them for consideration. TBA members who would like to comment can direct their comments to the relevant TBA sections.

Federal Court Orders North Carolina to Redraw Voting Map

Posted by: Katharine Heriges on Jan 10, 2018
In a first, a federal court has ruled that a congressional map must be redrawn because it was unconstitutional, the ABA Journal reports. A special three-judge panel struck down North Carolina’s map yesterday, saying it overtly favored one political party over others. The court ordered state lawmakers to create a new map by Jan. 29, with a special master taking over if the state fails to act.

Federal Judge Rules DACA Must Stay, For Now

Posted by: Katharine Heriges on Jan 10, 2018
A federal judge yesterday ruled that the Trump administration must restart the Deferred Action for Childhood Arrivals (DACA) program, The New York Times reports. Judge William Alsup said that the decision to kill it was improper, and that the government must keep the program running nationally as the legal challenge to the president’s decision goes forward. The administration moved to end the program in September.

Clarksville Lawyer Censured

Posted by: Katharine Heriges on Jan 10, 2018
Montgomery County lawyer Robert Hamm Moyer today received a public censure from the Board of Professional Responsibility. Moyer was found to have engaged in a pattern of collecting partial fees from clients in Chapter 7 bankruptcy proceedings and requiring the clients to make installment payments on the remainder of his fees after bankruptcy petitions had been filed. He failed to advise his clients that they had no legal obligation to pay the remainder of his fees after their bankruptcy petitions were filed. In certain cases, when clients failed to comply with their installment payments, he filed civil actions against them after their debts were discharged in bankruptcy in violation of federal law. Additionally, in his collections actions, Moyer requested a one-third attorney fee above and beyond the amount alleged to be owed while acting in a pro se capacity.

Davidson County Lawyer Suspended

Posted by: Katharine Heriges on Jan 10, 2018
The Supreme Court of Tennessee today temporarily suspended Davidson County lawyer Patrick Brocklin Parks from the practice of law, upon finding Parks misappropriated funds and poses a threat of substantial harm to the public. He is immediately precluded from accepting any new cases, and he must cease representing existing clients by Feb. 9. This suspension remains in effect until dissolution or modification by the Supreme Court.

Hawkins County Lawyer Suspended

Posted by: Katharine Heriges on Jan 10, 2018

Daniel Graham Boyd was suspended today from the practice of law for three years, with 120 days active suspension and the remainder on probation. The action is the result of two complaints of misconduct. In one matter, Boyd represented a widow concerning her husband’s estate. Over approximately five years, Boyd made false statements to the daughters of his client, leading them to believe that he was taking actions to further their mother's case that he was not. In another matter, Boyd represented an employee in a workers compensation claim. Other than filing a request for assistance, he took no action over a period of approximately five years, and he made false statements to his client over that period, leading her to believe that he was taking actions that he was not.

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