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Posted by: Katharine Heriges on Mar 12, 2019
In an effort to reduce its jail population, Shelby County plans to test a risk assessment tool to help judges make bail decisions on cases involving nonviolent defendants, The Daily Memphian reports. The risk assessment tool, called Public Safety Assessment (PSA), will use computer-generated data, or algorithm-based factors including the defendant’s criminal history and past court appearances, to determine the likelihood of them returning to court and if they will commit a new crime. A judge then uses these computer-generated scores from the PSA tool to help decide if defendants will be held in jail on bail or if they will be released on a promise to return to court at a later date. The pretrial defendants who will be assessed for the pilot program are nonviolent and low-risk offenders.
Posted by: Katharine Heriges on Mar 12, 2019
Nominations are now being accepted for the 2019 Justice Frank F. Drowota III Outstanding Judicial Service Award. This award is given to a judge or judicial branch official of a federal, state or local court in Tennessee who has demonstrated extraordinary devotion and dedication to the improvement of the law, our legal system and the administration of justice as exemplified by the career of Justice Frank F. Drowota III. This year's award will be presented during the TBA 2019 Convention this June in Nashville. The deadline for nominations is April 1.
Posted by: Katharine Heriges on Mar 11, 2019
The Board of Professional Responsibility is now soliciting written comments regarding a new formal ethics opinion which concerns the ethical propriety of a settlement agreement in a products liability case, which contains as a material condition of the settlement that the subject vehicle alleged to be defective be destroyed within 180 days with certification to defendant's counsel of record of the destruction. The deadline for submitting written comments is April 10. Written comments may be emailed to LChastain@tbpr.org or mailed to: Board of Professional Responsibility of the Supreme Court of Tennessee, 10 Cadillac Drive, Suite 220, Brentwood, TN 37027
Posted by: Katharine Heriges on Mar 11, 2019
The Massachusetts Supreme Judicial Court last week ordered a sex trafficking defendant to provide his cellphone password to law enforcement, in a ruling one justice warned “sounds the death knell” for protection against forced self-incrimination, The Boston Globe reports. In a 7-0 ruling, the SJC found that compelling Jones to give up his password doesn’t violate his Fifth Amendment rights because prosecutors proved beyond a reasonable doubt that his knowledge of the code was a “foregone conclusion and not subject to the protections of the Fifth Amendment and art. 12” of the Massachusetts Declaration of Rights. Justice Barbara A. Lenk, who voted with the rest of her colleagues to compel Jones to provide the passcode, submitted a separate opinion outlining her support for the ruling, while also voicing concerns about its implications.
Posted by: Katharine Heriges on Mar 11, 2019
Following a 7.0 magnitude earthquake that struck the state late last year, the Alaska Supreme Court has issued an order allowing out-of-state lawyers to provide volunteer legal services to low-income Alaskans affected by the earthquake. The ABA Journal reports that the Alaskan legal community hopes to have the participation from at least one lawyer in every state. Lawyers can volunteer at a time and place convenient to them through ABA Free Legal Answers, an online portal that remotely connects pro bono lawyers with low-income individuals. The Alaska version of the site now accepts out-of-state registrations.
Posted by: Katharine Heriges on Mar 11, 2019
Matthew Charles, the Tennessee man who was released from prison under a new criminal justice law, has struggled to find housing following his release, The Tennessean reports. Charles, who was jailed in 1996 for non-violent drug offenses, was denied his rental application due to his criminal history. Since his release, Charles has been recognized by President Trump as a positive story to come from his criminal justice reform efforts, and has toured the country lobbying for sentencing reform.
Posted by: Katharine Heriges on Mar 11, 2019
Legislation by state Sen. Brian Kelsey that could dramatically increase Senate candidate fundraising is scheduled to be heard in a committee this week, The Daily Memphian reports. Kelsey introduced his legislation recently with a handwritten amendment that rewrote the bill during a State and Local Government Committee meeting. He told committee members the amendment “was basically doubling” campaign contribution limits on the Senate side to mirror House campaign contribution limits.
Posted by: Katharine Heriges on Mar 11, 2019
Family members of Daniel Hambrick, the black man fatally shot by white Nashville police officer Andrew Delke, have sued the city and the officer for $30 million, saying racism on the force led to Hambrick's death, The Tennessean reports. The wrongful death lawsuit says the police department created a "culture of fear, violence, racism and impunity" that Delke "internalized" at the police training academy and on the job. That culture, the lawsuit states, led to Hambrick's death on July 26. The suit comes as the city is preparing for a criminal trial against Delke.
Posted by: Katharine Heriges on Mar 11, 2019
Voting begins tomorrow in a special election for voters in eastern Shelby County and Tipton County, The Daily Memphian reports. This will be the first contested general election race for state Senate District 32 in 15 years. Republican nominee Paul Rose of Tipton County and Democratic nominee Eric Coleman of Shelby County are the contenders for the seat held for 16 years by Collierville Republican Mark Norris. The special election was called by former Gov. Bill Haslam following Norris’ resignation to become a federal court judge. The winner serves out the two years remaining in Norris’ term of office, until the end of 2020.
Posted by: Katharine Heriges on Mar 8, 2019
Aminah Maurita Collick, a Georgia attorney, was reinstated this week to the practice of law in Tennessee, after being placed on inactive status on May 15, 2013. Collick petitioned the Tennessee Supreme Court for reinstatement on Feb. 14 and was granted via an order filed on March 6.

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