Knoxville attorney Robert Vogel and his counsel Julie Rice attempted to persuade the Tennessee Supreme Court to impose a 30-day license suspension for Vogel, who admitted to having sex with a client he was appointed to represent, the Knoxville News Sentinel reports. Rice argued that Vogel suffers from a sex addiction and that the client consented to the sex, calling Vogel’s behavior “an unthinking act.” Justice Cornelia Clark responded, “If you are a lawyer thinking about having sex with your client, you better think first." Earlier this year, the Supreme Court rejected the 30-day suspension of Vogel’s law license, saying the punishment was too lenient.

U.S. District Judge Rosemary Collyer said congressional Republicans can proceed with parts of an Affordable Care Act (ACA) lawsuit that alleges the Obama administration illegally spent funds Congress did not appropriate for ACA’s cost-sharing provision, Modern Healthcare reports. Collyer wrote that if that allegation is true “the House has been injured in a concrete and particular way that is traceable to the secretaries and remediable in court.” The judge also ruled the House does not have standing to sue over a different allegation that claimed the administration improperly amended the healthcare law regarding an employer coverage mandate.

TBA’s annual Health Law Primer will provide a general health law overview and include a panel of experienced health care providers, including Elizabeth Harrell of Franklin’s Community Health Systems. The seminar, Oct. 7, 1 p.m., at the Embassy Suites Hotel in Cool Springs, addresses real life situations in the heavily regulated healthcare industry. The course offers four hours of CLE.

Kentucky clerk Kim Davis said she plans to return to work on Monday, according to her lawyers with the Liberty Counsel. New York Daily News reports Davis’ office issued at least 10 marriage licenses, seven to same-sex couples, during Davis’ time in jail. Davis has not said whether she will begin issuing licenses to same-sex couples, but deputy clerk Brian Mason said he will continue to grant licenses to same-sex couples regardless of Davis' decision. 

Judges have too much control over the federal public defense system, according to a new study by the National Association of Criminal Defense Lawyers (NACDL). The group recommends an overhaul of the government’s system for defending the poor. "There's some significant ways we feel the federal system is not measuring up — most importantly, in the area of independence," Bonnie Hoffman, a Virginia lawyer who led the study, said in a NPR report. The study said judges play a role in selecting defense lawyers for the poor and also have the ability to approve or reject the defense lawyers' fee requests. 

The law license of Vincent Zuccaro was today transferred to disability inactive status by the Tennessee Supreme Court. Zuccaro cannot practice law while on disability status. Read the BPR release.

The Governor’s Council for Judicial Appointments is accepting applications for the Supreme Court vacancy created by Justice Gary R. Wade's retirement. Applicants must be licensed attorneys who are at least 35 years old, a resident of the state for five years and a resident of the Eastern or Western Grand Division of Tennessee. Applications are available online and must be submitted to the Administrative Office of the Courts by noon CDT on Oct. 12.

The Tennessee Supreme Court will hear two cases this month that could impact when police can pull over drivers for crossing lines on roads, the Tennessean reports. The cases from Williamson and Knox counties involve drivers who were charged with a DUI after they were stopped by police for crossing road lines only once and for a brief amount of time. Similar cases have been dismissed, including the dismissal of DUI charges against Rep. Bill Beck, D-Nashville. But Nashville attorney Rob McKinney predicts the Supreme Court will say a single violation, including crossing a road line once, warrants a traffic stop. "I think it opens up the door that (police) can make any kind of traffic stop any time they want to," McKinney told the Tennessean.

Lipscomb University will host the Justice Film Festival, Sept. 11-12, in the school’s Shamblin Theatre.

Sen. Lamar Alexander has introduced legislation to limit graduate student borrowing to $30,000 a year in government-backed loans, The Commercial Appeal reports. The legislation, supported by Democratic colleagues Michael Bennet of Colorado and Cory Booker of New Jersey, permits programs with especially high costs to appeal to the U.S. Department of Education to let their students borrow up to $15,000 more each year. College lobbyists are attempting to modify or block Alexander’s proposal and argue low-income students will not be able to afford expensive programs if the government decreases its lending limits.