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Posted by: Katharine Heriges on Aug 14, 2017
An American Bar Association report is claiming that in Nashville, indigent defendants accused of a misdemeanor and facing jail time are not consistently informed of their right to counsel, ProPublica reports. The document, created by the ABA section on civil rights and social justice, was released on Friday, and is based on research conducted by volunteer lawyers in Sept. 2016. It states that this failure by the Metro Nashville justice system is “an extremely serious and pervasive problem that can no longer be ignored or tolerated.” The observations in Nashville are the launch of a larger, national project to review practices in misdemeanor courts in other states throughout the country.
Posted by: Katharine Heriges on Aug 14, 2017
Judge Bernice Donald of the U.S. Court of Appeals for the Sixth Circuit was honored by the American Bar Association over the weekend at the ABA Annual Meeting in New York City. Donald, along with four other female attorneys, were named winners of the 2017 Margaret Brent Awards, given each year to women of achievement. “Laws can be powerful. Law can be just. But laws don’t have hands, eyes, legs and a heart,’’ Donald said in her acceptance speech. “Only we can make the law real and only we can make the law applicable. We become its limbs and its organs, and we make the law equal for all people.”
Posted by: Katharine Heriges on Aug 14, 2017
A partnership between Legal Aid of East Tennessee (LAET), Tennessee Faith and Justice Alliance, the Christian Legal Society and the Chattanooga Gospel Justice Initiative will host two upcoming legal aid clinics, with more events coming down the pipeline. The Chattanoogan reports that the first clinic is scheduled for Aug. 28, from 5:30 p.m. to 7:30 p.m. at the South Soddy Daisy Baptist Church, 11055 Dayton Pike in Soddy Daisy. The second will take place at the Samaritan Center on Lee Highway in Ooltewah on Sept. 12 from 1 p.m. to 3 p.m. To volunteer or for more information, please contact Paige Evatt, pro bono director at LAET.
Posted by: Katharine Heriges on Aug 14, 2017
The Trial Court Vacancy Commission is accepting applications for the Circuit Court judge vacancy in the 17th Judicial District, representing Bedford, Lincoln, Marshall and Moore Counties. The vacancy was created when the Hon. Lee Russell announced his retirement. Interested applicants must complete the designated application and submit it to the Administrative Office of the Courts by noon CDT on Sept. 6.  The commission will interview qualified applicants in Fayetteville on Sept. 29.
Posted by: Katharine Heriges on Aug 14, 2017
Knoxville lawyer Thomas Arthur Hodge died on Aug. 9. He was 77. A 1963 graduate of the University of Tennessee College of Law, Hodge practiced in U.S. and foreign intellectual property law including prosecution, licensing, patentability, validity and infringement opinions and was currently an attorney with Baker Donelson. He served as in-house patent and trademark counsel for Eastman Kodak, Tennessee Eastman, S.C. Johnson & Son, Oscar Mayer and General Foods. An interment service was held for Hodge this morning at Highland Memorial Cemetery. Memorial contributions may be sent to Fountain City United Methodist Church, 212 Hotel Rd., or Volunteer Ministry Center, 511 N Broadway, both in Knoxville.
Posted by: Katharine Heriges on Aug 14, 2017
Memphis lawyer Homer L. Cody was suspended for two years on Friday by the Board of Professional Responsibility. Cody violated an order to stay away from a case in which he had a conflict of interest, writing two appellate briefs for plaintiffs who then signed and filed the briefs as if they were not represented by an attorney. He was suspended in July 2016 for this action, but was not deterred – Cody wrote three more briefs for the same plaintiffs after his suspension.
Posted by: Katharine Heriges on Aug 14, 2017
American Bar Association President Linda Klein responded yesterday to weekend violence at a white supremacist rally in Charlottesville, Virginia, that left one protester and two officers dead. “The ABA knows the principles that govern our country – respect for the rule of law, tolerance for the beliefs and freedoms of others, and a deep dedication to uphold the Constitution – are strong and will prevail over the forces of hate and racism," she said.
Posted by: Katharine Heriges on Aug 14, 2017

Learn about best practices in the Tennessee Supreme Court at a special CLE set for Sept. 6 for the University of Tennessee College of Law. Attendees will first observe oral arguments before the Tennessee Supreme Court and then attend follow-up sessions regarding appellate practice, advocacy, and ethical considerations.

Posted by: Katharine Heriges on Aug 11, 2017
After the California nonprofit Free Law Project sounded the alarm on the subject, federal courts have fixed a “major security vulnerability” in PACER (Public Access to Court Electronic Records), the ABA Journal reports. Free Law Project found a cross site request forgery vulnerability, which put anyone signed into PACER at risk. Administrators of the site could have theoretically made purchases or file documents through an unwitting user’s PACER account, via the noted security flaw. The groups agree that there is no evidence this vulnerability was ever exploited. The Free Law Project has also made recommendations to the court to prevent future vulnerabilities in the system.
Posted by: Katharine Heriges on Aug 11, 2017
The American Bar Association filed an amicus brief this week calling the bail system of a Texas county unconstitutional, just before the ABA’s House of Delegates will consider a resolution opposing the use of money bail entirely, the ABA Journal reports. The brief was filed yesterday in O’Donnell v. Harris County, Texas, a case pending in the 5th U.S. Circuit Court of Appeals. The plaintiffs argue that the county’s bail schedule is unconstitutional because it effectively conditions freedom on the defendant’s ability to pay. In the brief, the ABA asks the 5th Circuit to affirm the ruling of a federal judge in Texas, which sided with the plaintiffs and found that the county had been using high bail amounts as “preventative detention.”

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