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Ethics Commission Issues Show Cause Notice to Durham

Posted by: Katharine Heriges on Apr 11, 2017
The Tennessee Ethics Commission unanimously voted this morning to issue a show cause notice to former state representative Jeremy Durham, moving forward an investigation that could lead to tens of thousands of dollars in fines, the Tennessean reports. The notice alleges that he repeatedly failed to fully disclose all necessary information on his disclosures. An audit by the Tennessee Registry of Election Finance found 690 possible violations, and Durham could potentially be assessed up to $10,000 for each one.

Federal Judge Strikes Down Voter ID Law

Posted by: Katharine Heriges on Apr 10, 2017
A federal judge ruled today that a voter ID law passed in Texas in 2011 was enacted with the intent to discriminate against black and Hispanic voters, the New York Times reports. The judge had previously made a similar ruling, but the state of Texas appealed her decision and a federal appellate court instructed her to review the issue again.

LGBT Advocates Criticize Green Nomination

Posted by: Katharine Heriges on Apr 10, 2017
The American Military Partner Association, the largest organization of LGBT military families, has joined other LGBT advocates in criticizing the nomination of Tennessee state Sen. Mark Green as the Trump Administration’s Secretary of the Army, the New York Times reports. Green has been critical of federal attempts to bar discrimination against LGBT individuals and has come under fire for some controversial statements. If confirmed, Green would succeed Eric Fanning, the first openly gay Army secretary.

Gorsuch Sworn In as Supreme Court Justice

Posted by: Katharine Heriges on Apr 10, 2017
Neil Gorsuch was sworn in today as the newest justice of the U.S. Supreme Court, NBC News reports. Justice Anthony Kennedy, who Gorsuch once clerked for, administered the judicial oath. In another ceremony, Gorsuch took an oath administered by Chief Justice John Roberts, with the late Justice Antonin Scalia’s family in attendance. 

Media Law, One Touch/Make Ready on the Docket for 2017 Communication Forum

Posted by: Katharine Heriges on Apr 10, 2017

The 2nd annual Communication Law Forum will be held at the Bar Center on May 4. This year's program will focus on media law and other communication issues. Topics will address open courts, protective orders in civil cases, document leaks and writing and publicity. Speakers will also cover legislative updates, reviewing broadband legislation and pending issues before the court challenging the One Touch/Make Ready ordinance passed in Nashville last fall. Read more and register here.

Court Holds Death Not Compensable in Workers' Comp Case

Posted by: Katharine Heriges on Apr 10, 2017
The Tennessee Supreme Court has held that based on the testimony regarding Charles Kilburn’s death, his death is not compensable as a direct and natural consequence of his original compensable injury from a motor vehicle accident. Kilburn died from oxycodone toxicity a little over a year after an on-the-job accident. His surviving spouse sought workers’ compensation death benefits, and the trial court concluded that the death was compensable. The Supreme Court unanimously opined, however, that a subsequent injury is not compensable if it is the result of an independent intervening cause, such as the employee’s own conduct.

Attorney General to End Forensic Science Commission

Posted by: Katharine Heriges on Apr 10, 2017
Attorney General Jeff Sessions will put an end to the National Commission on Forensic Science, a 30-member advisory panel of scientists, judges, crime lab leaders, prosecutors and defense lawyers that were working to raise forensic science standards, the Washington Post reports. Sessions said that instead, an in-house team of law enforcement advisers will be used. The Justice Department has decided to suspend work on setting uniform standards for forensic testimony.

Indigent Representation Task Force Recommends Hourly Pay Increase

Posted by: Katharine Heriges on Apr 10, 2017
The Tennessee Supreme Court's Indigent Representation Task Force today presented seven recommendations, including one that would increase the rate for paid appointed private counsel to no less than $75 per hour. The recommendations were released at a Capitol press conference and were based on findings from a statewide listening tour, research and consultation with national organizations regarding standards across the country. Read the full list of recommendations at the TBA website.

Indigent Representation Task Force Presents Recommendations

Posted by: Katharine Heriges on Apr 10, 2017
NASHVILLE, April 10, 2017 - The Tennessee Supreme Court's Indigent Representation Task Force today recommended seven changes, ranging from increases to the hourly rate paid, to proposals for developing and completing statewide systems and standards.
 
The recommendations released at a Capitol press conference come after the task force held nine public meetings in Nashville and heard from nearly 90 people during an eight-city listening tour across Tennessee. Members of the task force heard presentations by and received submissions from judges, lawyers, court clerks, judicial associations, justice-involved organizations and members of the public. 
 
In addition to the information gathered during its listening tour, the task force reviewed studies and reports detailing how other states provide legal representation to eligible adults and juveniles. They also consulted with national organizations regarding standards from throughout the country.
 
Task force members presenting the following recommendations:
  1. Completing a statewide data and reporting system to ensure the availability of timely and complete information required to manage and oversee the programs
  2. Seriously considering the creation of an independent central commission to oversee all programs providing legal representation to eligible adults and children and transferring current programs to the new commission;
  3. Developing and implementing uniform statewide criteria and procedures for determining eligibility for services;
  4. Amending Tennessee Supreme Court Rule 13 to eliminate the distinction between out-of- court and in-court compensation rates, to eliminate case caps and the “complex and extended” designation procedure, and to increase the rate paid to appointed private counsel to an hourly rate not less than $75 nor more than $125;
  5. Enacting a statutory requirement that public defenders be appointed to represent eligible parties in criminal and delinquency proceedings unless the public defender has a conflict of interest;
  6. Appropriating sufficient funds to the District Public Defenders to enable it to represent as many defendants in criminal proceedings and children in delinquency proceedings as possible;
  7. Adjusting Tennessee Supreme Court Rule 13’s caps on compensation paid to experts to market rates.
 
Task force members include:
  • Justice William C. Koch Jr. (Ret.), Chair, President and Dean, Nashville School of Law
  • Lela Hollabaugh, partner, Bradley Arant Boult Cummings LLP
  • Judge Deanna Bell Johnson, Circuit Court Judge, 21st Judicial District
  • Professor Susan L. Kay, Associate Dean for Clinical Affairs and Clinical Professor of Law, Vanderbilt University Law School
  • Rep. William Lamberth, State House District 44
  • Susan Mattson (non-voting member), principle legislative research analyst, Tennessee Comptroller of the Treasury Office
  • Mark A. Mesler II, attorney, Rosenblum and Reisman in Memphis
  • Judge Loyce Lambert Ryan, Shelby County General Sessions Court
  • Judge Vicki S. Snyder, Henry County General Sessions Court
  • Judge Barry A. Steelman, Criminal Court Judge, 11th Judicial District
  • Dwight E. Tarwater, General Counsel, Office of Governor Bill Haslam
  • Sen. John Stevens, State District 24
The Indigent Representation Advisory Council is made up of:
  • Jason Gichner, attorney, Morgan & Morgan
  • Professor Victor S. (Torry) Johnson III, former District Attorney General, Visiting Professor, Belmont College of Law
  • DarKenya Waller, Managing Attorney, Legal Aid Society of Middle Tennessee and the Cumberlands
  • Professor Christina A. Zawisza, Professor of Clinical Law and Director of the Child and Family Litigation Clinic, Cecil C. Humphreys 

Emails Show UTC Officials Fired Reporter Over Fear of Losing Funding

Posted by: Katharine Heriges on Apr 7, 2017
Emails between University of Tennessee at Chattanooga officials show fear of losing funding from lawmakers influenced the decision to fire public radio reporter Jacqui Helbert, the Times Free Press reports. Helbert was fired after a lawmaker complained that she did not explicitly announce herself as a reporter while talking to Sen. Mike Bell (R-Riceville) and Rep. Kevin Brooks (R-Cleveland) about the state’s transgender bathroom bill. The emails refer to the complainant as “Todd” – believed to be Sen. Todd Gardenhire (R-Chattanooga).
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