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Posted by: Brittany Sims on Jan 3, 2014

A lawyer with the London firm Russell Solicitors has been fined more than $1,600 for breaching client confidentiality rules and disclosing confidential information about a client to a third party when he revealed to his wife’s friend that “Harry Potter” author J.K Rowling was the secret author of “The Cuckoo’s Calling.” Rowling sued Russell Solicitors, which issued the attorney a written rebuke and paid damages to the author for the leak. WRCB reports from the Associated Press.

Posted by: Brittany Sims on Jan 3, 2014

Independent monitor Sandra Simpkins, who is overseeing reforms at the Shelby County Juvenile Court, has cited improvements, particularly involving the issue of when to transfer a minor to adult court, the Commercial Appeal reports. In a recent 33-page report, Simpkins wrote that defense attorneys are fighting harder to keep youths in the juvenile system and judges are scrutinizing more closely which felony cases merit transfer to adult court. She concludes that the court “is becoming a healthy court environment where due process rights of children are protected and public safety concerns are addressed.”

Posted by: Brittany Sims on Jan 3, 2014

The California Supreme Court granted a law license yesterday to a man who has lived in the United States illegally for two decades, WRCB reports. The unanimous decision will allow Sergio Garcia, who attended law school and passed the state bar exam while working in a grocery store and on area farms, to begin practicing law immediately. According to the Associated Press, advocates hope the ruling will open the door to millions of immigrants seeking to enter other professions such as medicine, accounting and teaching.

Posted by: Brittany Sims on Jan 3, 2014

Gallatin City Recorder and Judge Connie Kittrell likely will not face additional disciplinary action when the Gallatin City Council meets next week, the Tennessean reports. Kittrell was publicly reprimanded Dec. 19 by the Tennessee Board of Judicial Conduct for her role in having an employee dismiss her daughter’s traffic citation in 2012. “From my standpoint as ethics officer, I see no need to pursue the matter any further,” said city attorney and ethics officer Joe Thompson in an email Tuesday, though he clarified that he “can’t speak for the city council.”

Posted by: Brittany Sims on Jan 3, 2014

Mark Kelley Braswell of Washington, D.C., was suspended by the Tennessee Supreme Court on Dec. 27 for six months, retroactive to May 22, 2012, when he was suspended for failure to respond to a complaint of misconduct. In addition, at the end of the six months, Braswell will remain indefinitely suspended until he pays $40,000 in restitution to a former client. The court found that in representing the client in a federal appeal in Florida, Braswell failed to appear at trial, failed to timely file a brief, misled the client that the brief had been filed, and misled opposing counsel by implying a copy of the brief would be delivered by FedEx. These actions led to dismissal of the client’s appeal. In choosing to suspend Braswell, the court cited the fact that he was experiencing serious health problems during the representation and had no prior disciplinary record. Download the BPR notice.

Posted by: Brittany Sims on Jan 2, 2014

During the New Year’s Eve holiday, the Tennessee Highway Patrol stepped up enforcement of the state's “No Refusal" law, which allows law enforcement to seek search warrants for blood samples when drivers suspected of being impaired refuse a breath test. Some arugue that the law violates the Fourth Amendment, but the government says drivers agree to implied consent for a breath or blood test whenever they get behind the wheel, WMCTV reports.

Posted by: Brittany Sims on Jan 2, 2014

U.S. Rep. Diane Black, R-Gallatin, has been locked in a nearly two-year battle with U.S. Immigration and Customs Enforcement (ICE) over the agency’s decision to hire a public advocate who would work with immigration groups and individual immigrants, including those charged with entering the country without documentation. Black describes the office as an “illegal alien lobbyist” and accuses President Barack Obama of ignoring a provision passed by Congress to defund the position. She continues to call on the administration to eliminate the program. An ICE spokeswoman did not respond to requests to discuss the matter, according to the Tennessean.

Posted by: Brittany Sims on Jan 2, 2014

In his annual year-end report on the state of the federal judiciary, U.S. Supreme Court Chief Justice John G. Roberts Jr. states that the budget remains the single most important issue facing the courts. He warns that the sequestration budget cuts are poised to “pose a genuine threat to public safety” and jeopardize the ability of the federal courts to deliver prompt justice and protect the public. In order to avert the adverse consequences of an underfunded judiciary, Roberts encouraged Congress to be attentive to the needs of the judicial branch as the FY 2014 appropriations process proceeds. Gavel Grab has more.

Posted by: Brittany Sims on Jan 2, 2014

U.S. Supreme Court Justice Sonia Sotomayor granted a temporary exemption to two Catholic Church-affiliated nonprofits that have objected to the Affordable Care Act's requirement that employers provide contraceptive coverage to workers or face fines. The groups, The Little Sisters of the Poor of Colorado and Christian Brothers Services of Illinois, object to the mandate on moral and religious grounds, CNN reports on WCYB TV. Sotomayor provided a reprieve until Friday when the federal government must file a response. The White House said Wednesday that the groups are not subject to the requirement because the law does not apply to self-funded church plans. In addition to the matter handled by Sotomayor, the U.S. Court of Appeals for the District of Columbia Circuit issued an emergency stay for other Catholic-affiliated groups challenging the contraceptive provision, including the Archdiocese of Washington, D.C., and Catholic University, Fox News reports.

Posted by: Brittany Sims on Jan 2, 2014

Democrat Sara Kyle, former Tennessee Regulatory Authority commissioner and Memphis city judge, announced today that she will not challenge Republican Gov. Bill Haslam in this year’s gubernatorial race. Her announcement leaves Democrats without an obvious candidate to challenge Haslam's re-election in November, the Commercial Appeal reports. The qualifying deadline for the race is April 3.


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