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Report: Principal Waited to Call Police, Allowed Teacher Accused of Misconduct to Leave with Evidence

Posted by: Katharine Heriges on Feb 12, 2019
A Pigeon Forge Middle School principal waited nearly five hours before notifying police of a teacher’s alleged crime against a student, allowing the suspect to walk away with evidence, Knoxnews reports. Principal Scott Hensley knew physical education teacher Daniel Allen Turner was being accused of sexual misconduct and that another teacher was aware of the situation, but Turner was allowed to resign and leave school property with evidence before Hensley contacted the police. Turner was indicted by a Sevier County grand jury in December on a charge of attempted soliciting sexual exploitation of a minor for allegedly trying to lure a 13-year-old student to his office to view nude photos on his phone.

Tennessee Supreme Court Oral Argument Videos Available Online

Posted by: Katharine Heriges on Feb 12, 2019
Video recordings from oral argument held before the Tennessee Supreme Court in February are available online. This is the second time oral arguments have been video recorded and made available to the public. The cases listed are available to view on the Oral Argument Video webpage.

ABA President Lends Support to Paycheck Fairness Act

Posted by: Katharine Heriges on Feb 12, 2019
American Bar Association President Bob Carlson sent a letter earlier this month to members of Congress expressing support for the Paycheck Fairness Act. The bill aims to update and strengthen the Equal Pay Act of 1963, which was passed by Congress expressly to prohibit “discrimination on account of sex in the payment of wages by employers.” The ABA believes the Paycheck Fairness Act will make critical, common-sense improvements to the law so the country can continue to make progress in eradicating the persistent problem of gender-based wage discrimination.

Court Seeking Comments on Amendments to Rule 21

Posted by: Katharine Heriges on Feb 11, 2019
The Tennessee Supreme Court is seeking comments from judges, lawyers, bar associations and members of the public on proposed changes to Rule 21, which governs the rule for mandatory continuing legal education. The deadline for submitting written comments is April 12. Written comments should be emailed to appellatecourtclerk@tncourts.gov or mailed to James Hivner, Clerk, Re: Tennessee Supreme Court Rule 21 Tennessee Appellate Courts, 100 Supreme Court Building, 401 7th Avenue North, Nashville, TN 37219-1407.

Federal Prosecutor Halts Nation's First Safe Injection Facility

Posted by: Katharine Heriges on Feb 11, 2019
Plans to open the nation’s first safe injection facility were thwarted for the time being after a Pennsylvania federal prosecutor filed a complaint, the ABA Journal reports. U.S. Attorney William McSwain argued in a Feb. 5 complaint that providing spaces for users to inject street-purchased opioids would violate federal law. Safehouse, a nonprofit organization that provides overdose prevention services, planned to raise $1.8 million to cover the first year of operations for the Philadelphia safe injection facility.

Bill Filed to Enhance Punishment for Indecent Exposure, Draws Concern from LGBTQ Advocates

Posted by: Katharine Heriges on Feb 11, 2019
A new bill in the Tennessee General Assembly that seeks to enhance punishment for any person who commits indecent exposure in bathrooms is drawing concern from LGBTQ advocates, the Tennessean reports. The bill, introduced by Rep. John Ragan, R-Oak Ridge, would expand the "offense of indecent exposure to include incidents occurring in a restroom, locker room, dressing room, or shower, designated for single-sex, multi-person use, if the offender is a member of the opposite sex than the sex designated for use." Ragan said it was designed to "protect members of the opposite sex from having their privacy invaded" and includes no exception for "gender dysphoria" or "gender confusion."  Chris Sanders, executive director of the Tennessee Equality Project, said the bill could be used to criminalize transgender individuals.

Chattanooga Considers Police Oversight

Posted by: Katharine Heriges on Feb 11, 2019
Chattanooga city council members last week met with the police chief to consider adding a police oversight referendum to the ballot this year, the Times Free Press reports. If passed, Chattanooga would follow the path taken last year in Nashville. The review board created in Nashville is now under scrutiny at the Tennessee legislature. The discussion in Chattanooga comes as the city grapples with a handful of alleged police brutality videos.

DOJ Shutters 2 Cumberland Plateau Pharmacies in Opioid Crackdown

Posted by: Katharine Heriges on Feb 11, 2019
A federal judge has temporarily shuttered a pair of problem pharmacies on the Cumberland Plateau, WPLN reports. The two pharmacies in Celina, Dale Hollow Pharmacy and Xpress Pharmacy, are some of the top dispensers of opioids per capita in the country. Federal prosecutors, who announced the "first of its kind" action Friday, say in court documents that on Saturdays, nearly 90 percent of the prescriptions were filled for opioids, with many patients driving long distances to pick them up. Along with shutting down the pharmacies, federal authorities are also seeking monetary penalties for improper distribution of controlled substances and making false claims under Medicare.

Legal Clinic for Artists Planned for Nashville on Feb. 28

Posted by: Katharine Heriges on Feb 11, 2019
The Arts & Business Council has planned a pro bono legal clinic for visual artists, dancers, actors, musicians and other creatives. The event will take place at Watkins Park Community Center, 616 17th Ave N, on Feb. 28 from 5:30 to 7:30 p.m. Clients must sign up in advance and meet an income threshold. 
 
Attorneys interested in volunteering should email Jesse Harbison. Volunteering would involve meeting with low-income artists (in 30 minute appointment slots) to answer their legal questions. The legal clinic clients most frequently need assistance with: contract review; questions about business entity formation; questions about copyrights; and questions about trademarks. Attorneys will not be required to maintain ongoing attorney-client relationships with any of the clients. 

Shelby County Lawyer Suspended

Posted by: Katharine Heriges on Feb 11, 2019
The Tennessee Supreme Court on Friday suspended Shelby County lawyer Earl Frank Johnson from the practice of law for six months and required that he submit to an evaluation by the Tennessee Lawyers Assistance Program and follow any recommendations. On March 26, 2018, a petition for discipline was filed against the Johnson, including one complaint of misconduct alleging Johnson appeared in General Sessions Court on behalf of a client when his law license had been administratively suspended since August 2012. Johnson entered a conditional guilty plea admitting to the misconduct.
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