TBA Law Blog


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Posted by: Brittany Sims on Sep 10, 2014
News Type: Legal News

Mistakes in Gov. Bill Haslam’s office caused 79 bills to become law without his signature and another 67 measures to have to be backdated, Tom Humphrey reports in his blog. Under the state constitution, the governor must either sign or veto bills within 10 days (excluding Sundays) of receiving them from the legislature, or they become law without his signature. Internal documents confirm that Haslam had approved the 67 bills within the 10 days, but a staffer incorrectly dated the signature. The bills were recalled from the Secretary of State to correct their signature dates. The 79 bills that became law without Haslam's signature also were recalled. An addendum was added to each to clarify that Haslam’s signature had come after their effective date. Haslam spokesman David Smith said some of the confusion stemmed from Good Friday wrongly being counted as a state holiday. “It was a technical mistake that didn’t have an impact on the outcome of any legislation and was quickly corrected,” Smith said in an email Tuesday. Knoxnews has the story.

Posted by: Brittany Sims on Sep 10, 2014
News Type: Legal News

The Legal Aid Society of Middle Tennessee and the Cumberlands will provide free legal assistance to TennCare applicants whose applications have been inordinately delayed. The announcement comes on the heels of a Sept. 2 preliminary injunction ordered by U.S. District Judge Todd Campbell requiring TennCare to provide a hearing for any individual who has proof they applied more than 45 days ago — or 90 days ago for disability cases — and has not yet received a decision. The injunction came in response to Wilson v. Gordon, the first challenge of a state’s refusal to implement the Affordable Care Act.

Posted by: Brittany Sims on Sep 10, 2014

Tennessee Supreme Court Justice Sharon G. Lee will be formally installed as chief justice of the court at a ceremony in Knoxville next Wednesday. The investiture will take place at 1 p.m. EDT in the Historic Post Office Building located at 505 Main St. Gov. Bill Haslam will administer the oath. A reception will follow. Justice Lee was appointed to the Supreme Court in 2008 by then Gov. Phil Bredesen. She will be the third woman to serve as chief justice. Download a press release with more details from the AOC.

Posted by: Brittany Sims on Sep 10, 2014
News Type: Legal News

The Governor’s Commission on Judicial Appointments today interviewed candidates for a vacancy on the 30th Judicial District Chancery Court and voted to submit the following three nominees to Gov. Bill Haslam: Oscar C. Carr III, James Robert Newsom III and William Michael Richards. The vacancy was created by the appointment of Chancellor Kenny Armstrong to the Tennessee Court of Appeals. The AOC links to the candidates' applications.

Posted by: Brittany Sims on Sep 5, 2014

Tennessee Senate Majority Leader Mark Norris says that last month’s heated fight to unseat three Supreme Court justices has likely shot Amendment 2 in the foot, the Nashville Post reports. Aggressive advertising aimed at unseating the justices in the August primary election hurt both those who wanted to push out the justices and those urging voters to constitutionalize much of the state’s method of selecting them, he said. “If you get an ad that says, ‘Oh, we don’t want this in Tennessee,’ when that’s exactly a plateful of what we were just served, that can backfire,” Norris stated.

Posted by: Brittany Sims on Sep 5, 2014

Dan Howell will be sworn in during an official ceremony on Monday as the new state representative for House District 22, filling the remaining term of Republican Rep. Eric Watson, the Chattanoogan reports. The ceremony will be at 1 p.m. in the House chamber in Nashville. Howell won the Republican primary for the seat in May and will not face a Democrat challenger in November.

Posted by: Brittany Sims on Sep 5, 2014
News Type: Legal News

Incoming Knox County Criminal Court Clerk Mike Hammond walked into an empty office this week, with a nearly-empty checking account to match, Knoxnews reports. Outgoing clerk Joy McCroskey, as one of her last acts in office, left Hammond with $600,000 in surplus fees — less than the recommended amount to operate payroll, according to Hammond. Surplus fees are commonly turned over by offices including the court clerk, register of deeds and others that collect money while handling the county’s business. McCroskey’s office has been criticized for a series of errors leading to wrongful arrests of some Knox County residents. She declined to seek reelection this year.

Posted by: Brittany Sims on Sep 5, 2014
News Type: Legal News

In the wake of a high profile murder-suicide in Shelby County this week, domestic abuse victims’ advocates gathered Wednesday to demand changes to the system. The crime was perpetrated by a husband with a lengthy history of domestic violence against a wife who had initiated three separate protection orders against him; all were dismissed, the Commercial Appeal reports. “The way the system is set up now, the burden is on the victim,” said Olliette Murry-Drobot, director of the Family Safety Center. Most victims of domestic violence earn less than $25,000 per year, Murry-Drobot said, and they have to deal with divorce filings, child custody issues, related criminal cases and order of protections all by themselves and in different venues because Shelby County has no centralized family court.

Posted by: Brittany Sims on Sep 5, 2014
News Type: BPR Actions

On Sept. 4, the law license of Blount County lawyer Lyle Harold Moe was transferred to disability inactive status. Moe may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing by clear and convincing evidence that the disability has been removed and he is fit to resume practicing. View the BPR notice.

Posted by: Brittany Sims on Sep 5, 2014

Senior Judge Don Ash has declined the Monroe County Democratic Party’s request for an injunction to delay Randy White from taking office as Monroe County sheriff until all court hearings are complete, the Advocate and Democrat reports. The Democratic Party and outgoing Sheriff Bill Bivens’ lawyer allege that since White had not met the requirements to run for or serve as sheriff, he should not be allowed to take office until a final ruling is issued. Bivens has argued that since White was not eligible, all of the votes he received in last month’s election should be declared invalid and tossed out. Bivens goes on to say that under that scenario, he should be declared the winner or the county commission should appoint an eligible sheriff.


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