TBA Law Blog


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

The Nashville Bar Association today released the results of a member poll for the Aug. 7 General Election. NBA members were asked to comment on contested candidates as well as Supreme Court justices and other appellate judges standing for retention election. The poll found that 8 of 10 lawyers recommend retaining Chief Justice Gary Wade and Justices Cornelia Clark and Sharon Lee. “The goal of doing the poll is to provide the media and the public with information. The purpose is twofold: (1) to encourage the selection of qualified judges and public officials in the judicial system and (2) to have attorneys who are likely to know these candidates, both personally and professionally, provide an opinion on their qualifications,” said Gigi Woodruff, executive director of the association.

Posted by: Brittany Sims on Jul 10, 2014

Tennessee Supreme Court Chief Justice Gary R. Wade and Justices Cornelia R. “Connie” Clark and Sharon G. Lee were in Morristown Monday and Jackson Thursday to meet with supporters and explain their concerns about efforts from Lt. Gov. Ron Ramsey and others from outside the state to impact their retention election. Clark said some people in the state and out of the state are running a campaign against the three, “not on the basis of opinions, but on the basis of partisan politics.” Lee agreed, adding, “We don’t think partisan politics has any place in the courtroom.” The Johnson City Press reports that the justices have been speaking across the state about their jobs and the need to preserve the integrity of the judicial branch.

Posted by: Brittany Sims on Jul 10, 2014

Three Tennessee House Republican candidates attended a forum Tuesday night in Murfreesboro, the Daily News Journal reports. State Rep. Mike Sparks, Eddie Smotherman and Dr. Bryan Terry expressed agreement on many conservative issues including limits on abortions, gun rights, repeal of the Hall income tax and ending the Common Core education standards. Not in attendance were state Rep. Dawn White, who is competing against Smotherman in the 37th District; state Rep. Rick Womick, who faces no competition; Rick Peppers and Rutherford County Commissioner Adam Coggin, who are running against Terry in the 48th District; and Rutherford County Commissioner Robert Stevens, who is running against Sparks in the 49th District.

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

Colorado Judge C. Scott Crabtree yesterday struck down the state's ban on same-sex marriage citing constitutional grounds, WCYB reports. Crabtree also ruled that same-sex marriages performed outside the state should be recognized and that offering "civil unions" instead of marriage "is further evidence of discrimination against same-sex couples." Crabtree, however, prevented gay and lesbian couples from immediately marrying by staying his decision, saying it will take time for the issue to be resolved.

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

The Tennessee Board of Judicial Conduct has dismissed complaints charging three Supreme Court justices with violations of ethical rules, Knoxnews reports. Conservative activist blogger George Scoville of Nashville filed complaints against Chief Justice Gary Wade and Justices Cornelia Clark and Sharon Lee last month contending they violated a provision of the Code of Judicial Conduct that prohibits judges from endorsing candidates for elective office. Scoville claimed the justices were endorsing one another inappropriately by campaigning together, raising campaign funds together and appearing jointly around the state.

Posted by: Brittany Sims on Jul 10, 2014
News Type: Upcoming

Court Appointed Special Advocates (CASA) of the Tennessee Heartland, which serves Blount County, will host a forum for juvenile court candidates Kenlyn Foster and Susan Rushing at 6 p.m. Monday at the Blount County campus of Pellissippi State Community College. Each candidate will have an opportunity to address the group and answer questions from the audience. The public is invited and no RSVP is necessary. The Daily Times has more.

Posted by: Brittany Sims on Jul 9, 2014
News Type: Legal News

Changes in workers' compensation laws have created new challenges for workers seeking help, including former professional athletes. In Tennessee, all workers seeking compensation face substantial cuts in benefits since a new law took effect July 1. Under the revised statute, employees will no longer have the right to appeal decisions in the state court system and factors that could boost benefits based on the severity and longevity of the injury were removed. Records show that some two dozen former Tennessee Titans football players have filed workers’ comp claims in Tennessee, while many more have sought compensation in California because it has more worker-friendly compensation laws. The Tennessean has more.

Posted by: Brittany Sims on Jul 9, 2014

Need a few CLE hours fast? The TBA is offering programs from 8:30 a.m. to 4 p.m. on July 24. The Summer CLE Blast will offer 7 hours of dual CLE credit. Take as many or as few hours as you need. Registration desk will be open all day. Payment will be determined at checkout depending on the number of hours you attend. Learn more at TennBarU.

Posted by: Brittany Sims on Jul 9, 2014

The Paris Post Intelligencer profiles two candidates for district attorney general for the 24th Judicial District. Hansel McCadams of Paris is seeking re-election for the post. He served as an assistant district attorney from 1984 to 1990. In 1990, was elected to the office of General Sessions/Juvenile Court judge for Henry County, and was re-elected in 1998. McCadams was elected as DA in 2006 and said throughout his term the 24th District has maintained a crime rate below the state average according to the Tennessee Bureau of Investigation statistics. Matt Stowe of Benton County is also running for the seat. He worked as a prosecutor in Boston, as well as serving the people of Texas as deputy solicitor general. He taught criminal law and criminal procedure at Cornell Law School and currently teaches ethics classes and criminal justice classes at Bethel University.

Posted by: Brittany Sims on Jul 9, 2014
News Type: Legal News

The American Civil Liberties Union of Tennessee is looking for people interested in challenging a new law mandating drug tests for some applicants for the state's Temporary Assistance to Needy Families (TANF), the Chattanooga Times Free Press reports. ACLU-Tennessee said the law, which took effect July 1, raises “serious constitutional concerns" and singles out limited-income people. Executive Director Hedy Weinberg said in a statement that research indicates TANF recipients "are no more likely to use illicit drugs than farmers, veterans, and students, who also receive government support.”


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