TBA Law Blog


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Posted by: Brittany Sims on Jan 29, 2014
News Type: Legal News

Legal analyst Andrew Cohen condemns legislation that would gut the Tennessee Supreme Court's administrative powers in a scathing article for The Week news magazine. Cohen calls the legislation, which would transfer the administrative functions of the judiciary to the comptroller of the treasury, as a “big ball of scorn for the state’s judiciary.” The author also interviews  Justice at Stake Executive Director Bert Brandenburg, who tells him that, "There's a reason no other state in the country has such a system. It denies the courts the most basic of administrative functions and seeks to make our courts of law answer to politicians instead of the law."

Posted by: Brittany Sims on Jan 29, 2014
News Type: Legal News

Plaintiffs who sued Rutherford County alleging a lack of public notice on plans to construct a new Islamic Center of Murfreesboro reported yesterday they are appealing the decision to the U.S. Supreme Court. Chancellor Robert Corlew III ruled in June 2012 that the county failed to provide adequate public notice for construction of the mosque, but a federal court overruled him nearly seven weeks later to clear the way for the the congregation to move into its building. The Daily News Journal has more.

Posted by: Brittany Sims on Jan 23, 2014
News Type: Legal News

The Governor's Commission for Judicial Appointments has submitted attorneys Charlie Trotter Jr., Carma Dennis McGee and Vicki Hodge Hoover as nominees to Gov. Bill Haslam for the Chancellor opening in the 24th Judicial District. The vacancy was created by the death of the Hon. Ron. E. Harmon last year. The Administrative Office of the Courts has more. 

Posted by: Brittany Sims on Jan 23, 2014
News Type: Legal News

State Attorney General Bob Cooper is urging all Tennessee residents who shop at Target stores to take advantage of one year or free credit monitoring being offered by the retail company in the wake of the massive data breach. Last month, Target reported the payment card information of approximately 40 million customers had been obtained by hackers. In addition, Cooper says "consumers should take the proactive steps of monitoring their bank account activity, and changing their PIN numbers and passwords.”

Posted by: Brittany Sims on Jan 23, 2014
News Type: Legal News

The state attorney general’s office is appealing Davidson County Judge Hamilton Gayden’s ruling that the seven-man, two-woman makeup of the Judicial Performance Evaluation Commission is discriminatory, making the commission invalid. An Associated Press report on WSMV says that state law requires the commission to have a makeup approximately that of the state’s population in terms of race and gender. On the advice of the attorney general’s office, the commission held its regularly scheduled meeting last Friday.

Posted by: Brittany Sims on Jan 23, 2014

State Rep. Vince Dean said he has obtained clearance from the Tennessee Bureau of Ethics and Campaign Finance to use excess funds from his 2012 legislative race to run for Criminal Court clerk, the Chattanoogan reports. Rep. Dean is seeking the Republican nomination for Hamilton County Criminal Court clerk in the May primary election. Incumbent Gwen Tidwell, a Democrat, is also running. Brian White is another Democrat contender.

Posted by: Brittany Sims on Jan 23, 2014

Accountant Lenda Sherrell announced she has filed paperwork to run for U.S. Congress in Tennessee’s 4th District. Sherrell said her campaign will prioritize solutions for expanding the middle class and the state economy, not partisan politics. The Chattanoogan has more.

Posted by: Brittany Sims on Jan 23, 2014
News Type: BPR Actions

Katherine Evett Smith received a public censure on Jan. 22 for improperly using her trust account as an operating account for more than one year. On three occasions, Smith commingled client settlement funds with the lawyer’s funds. In another matter, after receiving client settlement funds, Smith issued payment to a client’s medical provider by cashier’s checks. The medical provider did not receive the cashier’s checks and notified Smith in writing four times. Five months later, Smith issued new cashier’s checks to the provider. As such, Smith failed to promptly deliver funds to a third party, which the third party was entitled to receive. In another matter, Smith failed to file a final judgment on a petition for custody for five months and failed to respond to requests for information from her client. Download the BPR notice.

Posted by: Brittany Sims on Jan 23, 2014
News Type: BPR Actions

Tiffany Marcilynne Johns received a public censure on Jan. 22. The Board of Professional Responsibility found she violated Rules of Professional Conduct Rule 3.3(a) (candor to the tribunal) and 3.5(b) (ex parte communication with tribunal) for her behavior in a child custody matter in Kentucky.  Read the full BPR notice.

Posted by: Brittany Sims on Jan 23, 2014
News Type: Legal News

The Chattanooga Bar Association (CBA) honored seven attorneys at the 116th Annual Meeting yesterday. Michael N. St. Charles of Chamblis Bahner Stophel was awarded the Ralph M. Kelly Humanitarian Award; Lee Davis of Davis & Hoss was awarded the President’s Award; B. Paul Hatcher of Duncan Hatcher Hixson & Fleenor was awarded the Albert Hodge Volunteer Award; William P. Aiken Jr. was awarded the Harry Weil Zealous Practice of Law Award; Paul R Leitner of Leitner Williasm Dooley & Napolitan was awarded the Joe Chambliss Lifetime Achievement Award; and H. Eric Burnette of Burnett Dobson & Pinchak and Kirby Yost of Chambliss Bahner & Stophel were jointly awarded the Young Lawyer Division Volunteer of the Year Award. To learn more about the honorees, visit the CBA website.


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