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Posted by: Brittany Sims on Sep 15, 2014

Tennesseans are just weeks away from voting on a constitutional amendment to bar lawmakers from ever imposing a state income tax. As the November vote approaches, a new study from ratings agency Standard & Poor's suggests that rising income inequality has a stronger negative effect on states reliant on sales tax revenues compared to those dependent on income taxes. The Memphis Daily News reports the S&P found that the affluent tend to save a greater share of their income and spend it on untaxed services.

Posted by: Brittany Sims on Sep 15, 2014

The American Bar Association and more than 25 state and local bars have joined with the American Institute of CPAs and 233 members of the U.S. House in urging House leaders to preserve the cash method of accounting for law firms, accounting firms, farmers and many other small businesses. The group expressed concerns over mandatory accrual accounting proposals that would have a dampening effect on business growth across industries and stifle job creation. Reps. Steve Cohen, Scott DesJarlais, John J. Duncan Jr. and Stephen Lee Fincher from Tennessee were among House members signing the letter of support.

Posted by: Brittany Sims on Sep 15, 2014

Special interest groups have nearly doubled their spending on television advertising in judicial races this year, Justice at Stake reports in a news release. While special interest groups were responsible for 38 percent of total TV spending in 2011-2012, they have constituted 60 percent of TV spending in 2014 to date, the report says. More than $3.1 million has already been spent this year on TV ads in state supreme court primaries and off-cycle elections, according to estimates provided by Kantar Media/CMAG. Three states with off-cycle elections – Tennessee, Idaho and Arkansas – saw greater spending than in their last election cycle, while North Carolina had record spending in its primary – more than $1.3 million, the report says.

Posted by: Brittany Sims on Sep 15, 2014

Legislators and law enforcement officials are talking about criminal justice reform this week, WRCB reports. The Senate Judiciary Study Committee met today at the Legislative Plaza in Nashville to start the work. Presenters were to include Tennessee Correction Commissioner Derrick Schofield, Safety Commissioner Bill Gibbons, as well as city and police officials, district attorneys and criminal justice advocates. 

Posted by: Brittany Sims on Sep 15, 2014

Herbert Slatery has been unanimously selected the new Tennessee Attorney General by the state Supreme Court. Slatery is currently chief legal counsel to Gov. Bill Haslam. Prior to that appointment, he was in private practice in Knoxville with Egerton, McAfee, Armistead & Davis PC for 30 years. A Knoxville native, Slatery earned his bachelor's degree from the University of Virginia and law degree from the University of Tennessee. The Nashville Post reports Slatery said he was humbled and "profoundly grateful" for the apppointment and promised "no quick wholesale changes" to the office. Soon after the announcement current Attorney General Robert Cooper released a statement congratulating his successor and expressing his gratitude to those who served with him.

Posted by: Brittany Sims on Sep 12, 2014

As part of Gavel to Gavels’ review of Tennessee’s Amendment 2, the publication compares the final provision regarding the retention election for appellate judges with similar provisions in others states. Twenty states provide for some form of retention election at some stage in the judge’s career, however they don’t all operate quite the same. Sixteen states use the typical retention system: a judge is initially appointed to the bench and then serves for a short period of time. The judge then must receive a simple majority of votes in a yes/no retention race to receive a full term. The language of the question also varies by state with some using “yes/no” and others “retain/replace.”

Posted by: Brittany Sims on Sep 12, 2014

The Department of Children Services (DCS) is reviewing the transportation procedures of one of its largest private contractors after two teens escaped during transportation in two separate incidents on Sept. 2 and Sept. 10. Omni Visions, a Nashville-based private contractor for DCS, provides foster care placement, therapeutic services, treatment centers and other services for children in DCS custody. WKRN News 2 spoke to Omni Visions Director of Children Services Kathy Joyner who said they are also reviewing how the two teens escaped. ?“The safety of the kids we serve is paramount,” Joyner said. “Every time we have a child run we are worried.”

Posted by: Brittany Sims on Sep 12, 2014

A federal appeals court judge yesterday called for an overhaul of federal sentencing rules after upholding the 15-year prison term of a Tennessee man convicted of possessing seven bullets, the Johnson City Press reports. Edward Lamar Young of Hixon pled guilty in January 2013 to being a felon in possession of ammunition after being found with the shells, which he acquired helping a neighbor dispose of her late husband's belongings. Lawmakers need to reconsider the Armed Career Criminal Act which "over-criminalizes" certain conduct by imposing mandatory minimum sentences for some crimes, said Jane Branstetter Stranch of the U.S. 6th Circuit Court of Appeals in Cincinnati. Young's attorney, Chris Varner of Chattanooga, said "I anticipate that we are not finished as far as whether we will continue the fight."

Posted by: Brittany Sims on Sep 12, 2014

The Hamilton County Commission on Wednesday voted 9-0 to appoint Marc Gravitt as the interim District 30 representative to the Tennessee House, the Chattanoogan reports. The seat became vacant after Vince Dean resigned to assume duties as the newly elected Hamilton County Criminal Court clerk. While the appointment is effective today, Gravitt will officially be sworn into office at 11 a.m. Sept. 30 in Nashville.

Posted by: Brittany Sims on Sep 12, 2014

Court of Criminal Appeals Judge John Everett Williams recently spoke at the Bradley County Bar Association meeting regarding the Tennessee Lawyers Assistance Program (TLAP) and shared a story about living, dying and how we should treat those who have emotional and substance abuse issues. Williams, the first chairman of TLAP, stressed to the group the importance of being aware of depression signs in peers and family, and to make sure that everyone gets the help they need. “Attorneys are the hardest-working people, and it is important to work hard in the practice of law, but it is also important to work hard keeping your family, and your priorities, in order,” he said. The Cleveland Banner has more.


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