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Posted by: Katharine Heriges on Oct 4, 2017
The Cocke County Jail is facing a wrongful death lawsuit over 32-year-old inmate Amanda Lee Hill, who was booked into jail over a probation violation and died two days later in her cell, the Knoxville News Sentinel reports. The suit was filed in U.S. District Court on behalf of Hill’s mother against Cocke County Sheriff Armando Fontes, jail administrator Tommy Large, nurse Vicki Campbell, supervisor Tiffany Ball and several jailers. Last month, the Tennessee Corrections Institute voted to decertify Cocke County’s jail annex over failed inspections and a host of other problems. The News Sentinel also has a roundup of legal troubles facing East Tennessee jails over inmate deaths. Sevier and Scott counties also face wrongful death suits.
Posted by: Katharine Heriges on Oct 4, 2017

TBA President Lucian Pera Applauds Supreme Court for Leading the Effort

The Tennessee Supreme Court announced Oct. 3 that it would support efforts to reform the state's indigent representation methods. Below is the full statement from Tennessee Bar Association President Lucian Pera in response to the announcement:
 
"The TBA applauds the Supreme Court’s strong leadership on indigent representation reform. We look forward to partnering with the court and others interested in making real improvement on the status quo.
Posted by: Katharine Heriges on Oct 3, 2017
The Tennessee Supreme Court announced Oct. 3 that it would support efforts to reform the state's indigent representation methods. Below is the full statement from Tennessee Bar Association President Lucian Pera in response to the announcement:
 
"The TBA applauds the Supreme Court’s strong leadership on indigent representation reform. We look forward to partnering with the Court and others interested in making real improvement on the status quo. 
 
For too long Tennessee has been at the very bottom of the heap nationally in the way we fund representation of indigent defendants, as well as juveniles caught in the system. The Court's recommendations regarding rates and caps is a step in the right direction. Frankly, it is a small step, and it is not enough; but it is a start. 
 
In appointing the Task Force on Indigent Representation, and now forcefully endorsing its recommendations, the Court is leading the way to serious indigent representation reform. Beyond simply raising rates and caps, the Court is putting the pieces in place to really improve the system for all Tennesseans.
 
Tennessee's lawyers care deeply about improving the representation of people in need. Under the Constitution, all Tennesseans have a constitutional right to a lawyer in criminal cases. The TBA looks forward to working shoulder-to-shoulder with the Court to move Tennessee in the right direction."
Posted by: Katharine Heriges on Oct 3, 2017

The Tennessee Supreme Court today announced it will support reform of the state’s method for providing legal assistance to individuals unable to afford an attorney. Responding to a report from its Indigent Representation Task Force, the Court said it will seek funding to increase the rate attorneys are paid to work on such cases to $65 per hour, and will also request an appropriation in next year’s budget to raise compensation caps by $500 on all felonies and by $250 on juvenile matters. In a statement this afternoon, TBA President Lucian Pera said, “The TBA applauds the Supreme Court’s strong leadership on indigent representation reform. We look forward to partnering with the Court and others interested in making real improvement on the status quo." Pera added, “The Court’s recommendations regarding rates and caps is a step in the right direction. Frankly, it’s a small step, and it is not enough; but it is a start.” 

Posted by: Katharine Heriges on Oct 3, 2017
October is Celebrate Pro Bono Month, and all month long the TBA will be highlighting pro bono opportunities and events for Tennessee attorneys. One such opportunity will be on Thursday in Franklin. The Mercy Legal Help Clinic is held on the first Thursday of every month at Andrew Lutheran Church, 908 Murfreesboro Road, from 4:30 to 6 p.m. For more information, contact the Legal Aid Society of Middle Tennessee and the Cumberlands at (615) 244-6610. For more Celebrate Pro Bono events, visit the TBA website.
Posted by: Katharine Heriges on Oct 3, 2017

Attorney Robert Doyle “R.D.” Cox died on Sept. 24. He was 91. He was hired by Memphis State University’s new Cecil C. Humphreys School of Law in 1962, and served as dean until 1977. Cox continued teaching law school for many years after his retirement as dean. Cox spent time in the U.S. Army before studying law at Oklahoma University. He began his career practicing law in Oklahoma, but was recalled by the Army to serve in the JAG core in 1952. He earned a Master of Laws from Duke University and relocated to Kingsport, Tenn. to work for Eastman Kodak. Visitation and funeral were on Monday. In lieu of flowers, a memorial may be made to The Cecil C. Humphreys School of Law or to the Bill Graham Foundation.

Posted by: Katharine Heriges on Oct 3, 2017
After an electrical fire erupted at the Bradley County Courthouse over the weekend, the building could remain out of commission until February, NewsChannel 9 reports. Some courtroom operations will be moved to the Bradley County Judicial Complex, which houses the criminal court. The Bradley County Juvenile Justice Center and the Cleveland Municipal Building will also host proceedings.
Posted by: Katharine Heriges on Oct 3, 2017

The first court hearing in the Brentwood Academy sexual assault case, held this morning, was filled with fiery words and surprises, The Tennessean reports. The case involves a former student and his mother, who are accusing the school of negligence and four boys of sexual assault. Just a few hours before the hearing, the student and mother (identified as John Doe and Jane Doe) changed their legal representation. Meanwhile the legal team for the school and the accused boys lashed out at the outgoing attorney for the Does for filing a legal complaint they say was filled with “reckless misrepresentations.”

Posted by: Katharine Heriges on Oct 3, 2017
The Tennessee Valley Authority filed a notice of appeal yesterday indicating that it will challenge an August court ruling ordering it to clean up coal ash at a Gallatin plant, the Knoxville News Sentinel reports. Previously, the TVA was found to have violated the Clean Water Act by storing coal ash in an unlined storage pond. The TVA argued that the coal ash’s effect on the environment was minimal. However, experts at the trial contended that by its own records, the TVA had leaked 27 billion gallons of coal ash into the Cumberland River over decades.
Posted by: Katharine Heriges on Oct 3, 2017
The 9th U.S. Circuit Court of Appeals has upheld an injunction requiring immigration judges to consider financial ability to pay when setting bond, the ABA Journal reports. “No person may be imprisoned merely on the account of his poverty,” wrote Judge Stephen Reinhardt for the panel. The American Bar Association previously filed an amicus brief in the case that said immigration courts should be required to consider ability to pay and flight risk before deciding on bond.

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