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Posted by: Julia Wilburn on May 7, 2024

TBA's Public Service Award are presented annually, honoring three Tennesseans who are champions of legal aid and pro bono work.

Posted by: Julia Wilburn on May 7, 2024

On March 5, the Administrative Office of the Courts (AOC) gave a budget presentation to the Senate Judiciary Committee that provided a thorough and candid analysis of the crisis affecting the court system and the need for greater funding for court-appointed counsel. On March 20 — during the Tennessee Bar Association's (TBA) second annual Day on the Hill — the TBA had the opportunity to present testimony before the state House Civil Justice Committee, and on March 26 to the Senate Judiciary Committee, sharing perspectives from Tennessee attorneys. TBA President Jim Barry and Bedford County attorney Garrett Haynes testified before a packed room at the House Civil Justice Committee, and TBA Executive Director Sheree Wright and Williamson County attorney David R. Grimmett testified before the Senate Judiciary Committee. They all spoke passionately about the need to increase the hourly rate and caps for court-appointed attorneys representing the indigent.

Posted by: Julia Wilburn on May 7, 2024

A new federal rule would close what many have termed the "gun show loophole," but a lawsuit filed by a coalition of 21 state attorneys general, including Tennessee's Attorney General Jonathan Skrmetti, could overturn it. The Daily Memphian reports that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced its “Final Rule 2022R-17F” in April, which is due to take effect later this month. It essentially updates the definition of a firearms dealer to ensure that almost all such sellers must have a federal firearms license, and therefore conduct background checks on all gun buyers. ATF officials stated that the new rule does not apply to certain sellers — such as someone who sells a gun to a family member or a person who engages in occasional sales as a hobbyist — but the lawsuit from the attorneys general disputes that claim. Skrmetti says the law places too heavy a regulatory burden on individuals “who occasionally sell or trade a firearm.”

Posted by: Julia Wilburn on May 7, 2024

Hamilton County District Attorney Coty Wamp has filed a petition to remove Shelby County Clerk Wanda Halbert after an almost 10-months-long investigation. The Commercial Appeal reports that the filing lists incorrect financial reporting, strains on auto dealers in the county, comptroller deficiencies and Halbert's absence from the May 1 Shelby County Commission meeting where she was supposed to present her corrective action plan as reasons for the petition. The petition does not officially remove Halbert from office, but it requests that she be suspended of her official capacity as county clerk.

Posted by: Julia Wilburn on May 7, 2024

Today's theme for Well-Being Week in Law is "Align," designed to cultivate a sense of meaning and purpose in work and life. This is accomplished by aligning one's work and life with values, goals and interests. Need some practical ways to implement this? Do five new things that positively impact or improve the welfare of work colleagues or clients. Choose things outside your normal work routine, and do them all in one day. Research says you’ll get a boost in your work’s meaningfulness. Get other suggestions for implementing today's goals and inspire others by posting about your efforts with the hashtag #WellbeingWeekInLaw. Stay tuned for more well-being tips and resources throughout this week.

Posted by: Julia Wilburn on May 3, 2024

The 150th Kentucky Derby, running this weekend in Louisville, will take place without the participation of Muth, a horse that many contend is the fastest in this year's field of three-year-olds. Muth's trainer is Bob Baffert, who also worked with 2021 Kentucky Derby winner Medina Spirit, who failed a post-race drug test for steroids. Baffert was subsequently disqualified and given a two year suspension, which was later extended through the end of 2024, from competing at Churchill Downs. The ABA Journal reports that Zedan Racing Stables, which owns Muth, sued Churchill Downs seeking emergency injunctive relief to let Muth race in Saturday's contest. A local court rejected the bid. Churchill Downs applauded the decision, saying the court stopped Zedan from litigating its way into the Derby "at the expense of other owners and trainers who played by the rules."

Posted by: Julia Wilburn on May 3, 2024

Tennessee Attorney General Jonathan Skrmetti has joined a coalition of 21 states in a lawsuit opposing a new rule from The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that would prevent the private sale of firearms. Under the rule, hobbyists who sell firearms to family members, or a hunter who trades a firearm with a friend, could be convicted of a felony, the lawsuit claims.

Posted by: Julia Wilburn on May 3, 2024

A three-judge panel of the 6th Circuit Court of Appeals heard arguments on Thursday over a decades-old Tennessee policy that does not allow transgender people to change the sex designation on their birth certificates, reports the Associated Press. Four transgender Tennesseans first filed the lawsuit in 2019, claiming that the policy is unconstitutional and "subjects transgender people to discrimination, harassment and even violence when they have to produce a birth certificate for identification that clashes with their gender identity." U.S. District Judge Eli Richardson had dismissed the case last year, saying that the term "sex" has a very narrow and specific meaning for the purpose of birth certificates in Tennessee: "external genitalia at the time of birth."

Posted by: Julia Wilburn on May 3, 2024

The Davidson County Election Commission on Thursday rejected a challenge from Laura Nelson, R-Nashville, to Democratic Rep. Justin Jones’ qualification for the ballot in his bid for reelection. The Nashville Banner reports that Nelson alleged that several of Jones’ petition signatures were not valid. The GOP-controlled commission, after a hearing of more than two hours, decided to accept the signatures. State law requires 25 valid signatures to qualify for the ballot. Jones turned in 26, of which 25 were deemed valid.

Posted by: Julia Wilburn on May 3, 2024

According to a state report released in February, just 67% of public elementary schools and 75% of public middle and high schools in Tennessee have taken advantage of the $140 million provided by the state last summer to put an armed school resource officer (SRO) in every school. Only $98.4 million has been used, and Sen. Paul Bailey, R-Sparta, says that is mainly due to staffing problems. Bailey told WKRN that “There’s currently 500 public schools within the state of Tennessee that are still not equipped with a school resource officer. There just aren’t those individuals available with POST certification to be able to work in those schools.”


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