Employee of the Tennessee Department of Correction filed an administrative appeal challenging the termination of his employment. The board of appeals reduced the termination to a fourteen-day suspension. On appeal to the trial court, the chancery court ruled that the burden of proof was improperly allocated to the Tennessee Department of Correction in the hearing before the board of appeals. We reverse the decision of the chancery court and conclude that the board of appeals properly allocated the burden to the Tennessee Department of Correction.

This appeal arises out of the Tennessee Health Services and Development Agency‘s decision to grant a certificate of need to a company to acquire and operate a linear accelerator; the decision was opposed by another company that operated a linear accelerator. After a contested case hearing, an administrative law judge issued an initial order holding that the certificate of need should not have been granted. On the applicant‘s appeal, the agency reviewed the initial order and reversed it.

Chattanooga attorney Fisher Wise was arrested this week and charged with disorderly conduct and retaliation against a police officer after screaming incoherently outside the Chattanooga-Hamilton County Courts Building. The Times Free Press reports the officer attempted to calm Wise down and stop his profane language and racial slurs. Wise continued to make threats inside the jail. He is scheduled to appear April 28 in Hamilton County General Sessions Court.

The state Supreme Court’s Indigent Representation Task Force had its second meeting today at Waller law firm in Nashville. The Task Force added three advisory counsel members by voice vote: Jason Girchner, Tory Johnson and Christina Zawisza. Candi Henry of Dodson, Parker, Behm LLP will also be supporting the task force. The Task Force also announced a statewide hearing tour; dates and more information may be found here.

The Tennessean reports more than 200 musicians and songwriters lobbied Congress yesterday to pass legislation requiring broadcasters to compensate artists whenever AM or FM radio plays their songs. The Fair Play Fair Pay Act is co-sponsored by U.S. Rep. Marsha Blackburn, R-Brentwood. Radio play has traditionally been viewed as promotion and a way to drive record sales, and thus artists do not receive royalties. The National Association of Broadcasters opposes the measure.

“The biggest missed opportunity in marketing is playing it too safe. That’s true even if you’re a lawyer.” That's the word from marketing experts, who shared tips for lawyers on how to build a better brand at the Avvo Lawyernomics conference last week. “Bolder means differentiating yourself through your marketing and how you sound to the folks you’re trying to attract,” said Ann Handley, chief content officer of MarketingProfs. Read more from the ABA Journal. 

Fifteen former presidents of the American Bar Association said in a letter to U.S. Senate leaders that “there is no election-year exception” and call for hearings on U.S. Supreme Court nominee Merrick Garland. The Associated Press reports the legal advocates said the GOP blockade is "injecting politics into the courts that lmaterially hampers the effective operation' of the judiciary."

Knox County prosecutors will continue to use a gang enhancement sentencing law despite the statute having been deemed unconstitutional. The Tennessee Court of Appeals struck down the law last week after ruling it was poorly drafted and too broad. Deputy District Attorney General Kyle Hixson said prosecutors will neither dismiss current charges or stop applying the law. "We are not flouting (the appellate court's) opinion. We're just preserving our rights," he said. The Knoxville News Sentinel reports the state Attorney General’s office is considering whether to ask the Tennessee Supreme Court to review the ruling. 

The investiture of Tennessee Supreme Court Justice Roger A. Page by Gov. Bill Haslam will be held April 25 at 2 p.m. at the Mifflin Community Mall, 5330 Clifford Rd., in Luray. Page was sworn in during a private ceremony in February following his confirmation by the General Assembly. RSVP via email. 

The Memphis Bar Foundation’s fundraiser luncheon on May 2 will feature Bryan Stevenson, founder of the Equal Justice Initiative. The event, which will benefit the MBF’s summer intern program, is scheduled for 11:30 a.m. at the Continental Ballroom in the Peabody Hotel, 149 Union Ave. Tickets are $75. Later that day, the Memphis Bar will host a public forum featuring Stevenson and former TBA President Jim Emison as panelists. The event, scheduled from 1:45 - 5:15 p.m., is free but tickets are limited. Tickets for both events may be ordered via email.