The Tennessee Board of Professional Responsibility and the TBA recently filed a petition asking the Supreme Court to amend Rule 8, RPC 8.4 of the Rules of the Tennessee Supreme Court by adopting a new RPC 8.4(g). The court is now soliciting written comments from the bench, the bar and the public. The deadline for submissions is March 21. Written comments may be emailed or mailed to James M. Hivner, Clerk, Re: Tenn. Sup. Ct. R. 9, section 32 Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, Tennessee 37219-1407. Read the proposed amendments here.

Last chance! Do you know an enthusiastic second or third year law student enrolled in a Tennessee law school with a diverse perspective who’s interested in leadership?  Please encourage them to apply for the Tennessee Bar Association YLD’s Diversity Leadership Institute (DLI).  Applications are available at the TBA’s website or by contacting Alicia Teubert.

The YLD was involved with several clinics and volunteer events this past month including Family Defense Power of Attorney Clinics in Memphis and Bedford County, Wills for Heroes Clinics in Clarksville and Memphis, and other events throughout the state.  Stay tuned for several more clinics and projects coming in 2018.

As the U.S. Supreme Court considered whether police need a warrant supported by probable cause to obtain cellphone location data, Justice Neil M. Gorsuch yesterday appeared to have sided with liberal justices, the ABA Journal reports. Justices Samuel A. Alito Jr. and Anthony M. Kennedy appeared to lean most towards agreeing with the government that a warrant wasn’t needed in the case Carpenter v. United States, while Justice Sonia Sotomayor appeared to most favor protections on cellphone data.

Tennessee conservative political pundit Scottie Nell Hughes gave an in-depth interview to the Nashville Scene this week, detailing her lawsuit against Fox News and its anchor, Charles Payne, whom Hughes accuses of harassment and rape. Fox claims it found no evidence of wrongdoing on Payne’s part. Fox and other defendants have yet to file a response to the lawsuit, but are required to do so by next week. A pre-trial conference is scheduled for Dec. 18.

U.S. Representative and gubernatorial candidate Diane Black has called on the Tennessee General Assembly, as well as the U.S. Congress, to release all details of sexual harassment claims and settlements involving lawmakers and staff, The Tennessean reports. "Victims should be released from their non-disclosure agreements and Congress and the state legislature should identify perpetrators and produce redacted information that shields the identity and circumstance of the victim," Black said in a statement. She also expressed support for federal legislation sponsored by Tennessee representatives Jim Cooper and Marsha Blackburn that would publicly name U.S. lawmakers who have reached settlements in harassment cases.

A third Republican has thrown his hat into the ring for the Tennessee Senate District 14 special election, triggered by the resignation of Jim Tracy, Humphrey on the Hill reports. Former state Rep. Billy Spivey of Lewisburg today announced his campaign to serve a district that covers Bedford, Lincoln, Marshall, Moore and parts of Rutherford counties. Former state Rep. Joe Carr of Lascassas and Shane Reeves of Murfreesboro have already declared their candidacies. The primary election date is set for Jan. 25.

A federal judge has denied a request from country singer Randy Travis to keep footage of his 2012 DUI arrest private, the Associated Press reports. The footage, which depicted the singer naked and ranting, can now potentially be released by the Texas Department of Public Safety via an open records request. Travis’ legal battle has gone all the way to the Texas Supreme Court, which denied his petition, before it made it to federal court.

Get three hours of ethics credit at the TBA’s Ethics Roadshow CLE in Nashville on Dec. 7. Valet parking is included at the Hilton Hotel Downtown. Warm scones, fresh fruit, stuffed biscuits and coffee are on the breakfast menu. Register before Sunday to avoid the late fee. Come hungry!

The Tennessee Supreme Court reinstated a life sentence without the possibility of parole that defendant Kevin Patterson received under Tennessee’s three strikes law. The defendant argued the state did not provide him with the required pre-trial notice that it planned to use his prior convictions to obtain an enhanced sentence. The Supreme Court held that while the notice was imperfect, the defendant was not prejudiced by the errors. The unanimous opinion was authored by Justice Cornelia A. Clark.