TBA Law Blog

TBA Law Blog

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Weekly Video Legislative Update Available

Posted by: Katharine Heriges on Feb 14, 2019
The TBA livestreamed its weekly video legislative update today, covering the progress of three of the TBA's current bills in the legislature. These videos will continue on most Thursdays while the Tennessee General Assembly is in session. Catch up with today's video on YouTube and tune in next Thursday on Facebook live.

ABA Issues Guidance on Judges Performing Same-sex Marriages

Posted by: Katharine Heriges on Feb 14, 2019
News Type: Legal News
The American Bar Association Standing Committee on Ethics and Professional Responsibility released today a formal opinion giving judges guidance related to their options for performing same-sex marriages under the Model Code of Judicial Conduct. The formal opinion differentiates between the obligations of a judge whose performance of marriages is either mandatory or optional. In either case, Formal Opinion 485 said the Model Code of Judicial Conduct is violated “by refusing to perform marriages for same-sex couples while agreeing to perform marriages of opposite-sex couples.” If a judge is not obligated to perform marriages, the judge “may decline to perform all marriages for members of the public” while maintaining that prerogative for “family and friends,” the opinion said. Still, the judge must be consistent and not discriminate based on sexual preference in performing those specific marriages.

Slatery: Transgender Individuals Covered Under Hate Crime Law

Posted by: Katharine Heriges on Feb 14, 2019
News Type: Legal News
Tennessee has become the first state in the South with a hate crime statute protecting transgender individuals, following the Feb. 8 issuance of an opinion by State Attorney General Herbert Slatery, the Tennessean reports. "A defendant who targets a person for a crime because that person is transgender has targeted the person because of his or her gender within the meaning of the current state law that outlines sentence enhancements for hate crimes," Slatery wrote. The opinion came in response to a question posed by Rep. Mike Stewart, D-Nashville.

General Counsel to Haslam Returns to Knoxville Firm

Posted by: Katharine Heriges on Feb 14, 2019
News Type: Legal News
General Counsel to Gov. Bill Haslam, Dwight E. Tarwater, has rejoined his former Knoxville-based law practice. The firm has transitioned its name from Paine Bickers LLP, to Paine, Tarwater and Bickers LLP. Tarwater was one of the founding members of the firm when it was established in 1987. In 2014, he left to join the Haslam Administration, where he provided advice on legal, financial, political and governmental issues and oversaw a team that reviewed and commented on pending legislation and policies. He also oversaw the governor’s judicial appointment process.

14 Apply for Court of Appeals Opening in Western Division

Posted by: Katharine Heriges on Feb 14, 2019
News Type: Legal News
The Governor’s Council for Judicial Appointments will consider 14 applicants when it meets to select nominees for a Court of Appeals opening in the Western Division. The applicants are James L. Cresswell Jr. of Dyersburg, Christopher N. Davis of Jackson, Rhynette N. Hurd of Collierville, Kenneth P.  Jones of Memphis, Jennifer King of Huntingdon, Steven Wayne Maroney of Jackson, Carma Dennis McGee of Savannah, Robert D. Meyers of Memphis, John M. Miles of Rives, Keely N. Wilson Nanney of Martin, James R. Newsom III of Germantown, Brandy S. Parrish of Memphis, Michelle Greenway Sellers of Jackson and Mary L. Wagner of Germantown. The council will interview the applicants in a public hearing, the date of which will be announced in the near future. They will vote immediately following the interviews and forward three names to Gov. Bill Lee for consideration.

Williamson County Lawyer Suspended

Posted by: Katharine Heriges on Feb 14, 2019
News Type: BPR Actions
The Supreme Court of Tennessee today temporarily suspended Williamson County attorney Matthew David Dunn from the practice of law for failing to respond to the Board of Professional Responsibility regarding a complaint of misconduct. Section 12.3 of Supreme Court Rule 9 provides for the immediate summary suspension of an attorney’s license to practice law in cases of an attorney’s failure to respond to the board regarding a complaint of misconduct. Dunn is immediately precluded from accepting any new cases, and he must cease representing existing clients by March 16.

Man Indicted Last Week in 46-Year-Old Murder Case

Posted by: Katharine Heriges on Feb 13, 2019
News Type: Legal News
A Monroe County grand jury last week indicted Max Benson Calhoun on a charge of first-degree murder stemming from the death of a man in 1973, Knoxnews reports. The victim was Raymond Constant Jr., who was found inside the cab of a tractor-trailer outside Vonore. This marks the first arrest in the case in more than three decades. The last man accused walked away when the charges against him fell apart in court.

Imprisoned Former Rutherford Sheriff Holds Out Hope for Trump Pardon

Posted by: Katharine Heriges on Feb 13, 2019
News Type: Legal News
Imprisoned former Rutherford County Sheriff Robert Arnold said he is “hopeful” that President Trump will grant him “a pardon or some other relief,” after he pleaded guilty in 2017 to wire fraud, honest services fraud and extortion. The Daily News Journal reports Arnold, who is currently serving a 50-month sentence for his role in illegally selling electronic cigarettes to inmates, is now positioning himself as a prison reform advocate, joining forces with the “White Collar Coalition” that’s asking Trump to reduce prison overcrowding by releasing all non-violent first time offenders of white collar crimes if they’ve served half of their sentences.

Waffle House Shooting Suspect Pleads Not Guilty

Posted by: Katharine Heriges on Feb 13, 2019
News Type: Legal News
Shooting suspect Travis Reinking pleaded not guilty today on 17 charges related to a mass shooting that killed four people and injured several others at a Waffle House in Nashville last year, the Tennessean reports. During a brief hearing, Reinking waived his appearance in the courtroom of Davidson County Criminal Court Judge Mark Fishburn. A Davidson County grand jury last month found the evidence against Reinking was strong enough to support four counts of premeditated first-degree murder, four counts of attempted first-degree murder, and a slate of other charges.

Nashville Police Officer Pleads Not Guilty to Murder in Fatal Shooting

Posted by: Katharine Heriges on Feb 13, 2019
News Type: Legal News
Nashville police officer Andrew Delke, charged with first-degree murder after an on-duty shooting, pleaded not guilty today, the Tennessean reports. Delke was charged with fatally shooting Daniel Hambrick during a July 26 foot chase in North Nashville. He told investigators he fired in self-defense after he saw Hambrick pointing a gun at him. Prosecutors don't dispute the fact that Hambrick was armed, but they say video footage of the chase shows Hambrick running away from Delke, never turning to face him.
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