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Posted by: Julia Wilburn on Mar 29, 2024

Davidson County Circuit Judge Joe Binkley Jr. on Wednesday denied a petition from former state Rep. Scotty Campbell, R-Mountain City, to view records relating to a sexual harassment complaint filed against him, which led to his resignation in April 2023. The Tennessean reports that the judge ruled that the records are not subject to disclosure under the Tennessee Public Records Act and that separation of powers prohibits the court from reviewing the Tennessee House of Representatives' internal rules unless a constitutional violation has been alleged. In February, Campbell sued the General Assembly's Office of Legislative Administration Director Connie Ridley, alleging that the office, which serves as the legislature's human resources department, withheld the records to cover up a complaint against House Republican Caucus Chair Jeremy Faison, R-Cosby. Faison has denied the allegations as well as the existence of any complaint filed against him.

Posted by: Julia Wilburn on Mar 29, 2024

TBA’s Legislative Updates podcast is out with a new episode featuring attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin. This week they discuss HB2710/SB2254, the TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, the adoption clean-up bill. They also discuss the TBA's testimony on Tuesday to the Senate Judiciary Committee. After testimony from TBA's Executive Director Sheree Wright and Williamson County attorney David Grimmett, the committee approved a motion in support of adding $26.145 million to the governor's budget for the purpose of increasing indigent representation funding. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Julia Wilburn on Mar 29, 2024

In a new episode of the American Bar Association's (ABA) Business Law podcast "Path to the Bench," Davidson County Chancellor Anne Martin speaks about her journey, finding fulfillment in the law and the role of a judge. She also discusses the importance of mentorship and paying it forward in one’s career.

Posted by: Julia Wilburn on Mar 29, 2024

"An Overview of the Corporate Transparency Act: New Reporting Requirements That All Lawyers Must Know" is now available to watch on demand. This one hour CLE credit program, presented by Vincent Schilleci III of Maynard Nexsen, provides an overview of the federal law, which went into effect Jan. 1, including basics, analysis and application.

Posted by: Julia Wilburn on Mar 28, 2024

The Administrative Office of the Courts (AOC), as well as all courts and state offices, will be closed March 29 in observance of the Good Friday holiday. Many city and county offices across the state also are closed.

Posted by: Julia Wilburn on Mar 28, 2024

A nearly $2 billion tax and refund for businesses passed the Senate last week on a vote of 25-6, the Associated Press reports. “This bill will put this issue behind us and address it in a responsible way,” said Sen. Ken Yager, R-Kingston, adding that doing so could make the state more competitive in attracting businesses to move to Tennessee. At issue are concerns that the state’s franchise tax violates a U.S. Constitution’s Commerce Clause provision, which bans states from passing laws that burden interstate commerce. Further adding to the legal woes is a 2015 case involving the U.S. Supreme Court striking down down Maryland’s tax that the justices ruled had the effect of double-taxing income residents earn in other states. The proposal is designed to prevent threats of a potential lawsuit. Speaker Cameron Sexton, R-Crossville, told reporters that the House version will be different.

Posted by: Julia Wilburn on Mar 27, 2024

Nigel Lewis, an attorney supervisor in the Shelby County Public Defender’s Office, died March 17 at age 49 after a short cancer battle. He received his bachelor’s degree from Saint Leo University in Florida and later attended law school at Southern University and A&M in Louisiana. He also received a master's degree in tax law from Georgetown University in Washington, D.C. began his legal career in a private firm where he worked for two years before moving to the public defender’s office. Lewis served there for 14 years until his death and worked in the direct representation unit, which handles clients charged with most serious felonies. The Daily Memphian has more on his life.

Posted by: Julia Wilburn on Mar 26, 2024

TBA Executive Director Sheree Wright and Williamson County attorney David R. Grimmett testified this week before the Senate Judiciary Committee about the need to increase the hourly rate and cap for court-appointed attorneys representing the indigent. In her statement, Wright said, “Tennessee’s court-appointed attorneys, who represent indigent citizens statutorily and constitutionally entitled to legal counsel, are the lowest paid in the country, and have not had their hourly reimbursement rate raised in 26 years.” Grimmett ended his testimony by stating, “On behalf of the juvenile court bar and every appointed counsel in this state, I am begging you to raise the rate for appointed counsel so that we can find a voice for these children and these families.” Wright and Grimmett agreed they support the Administrative Office of the Court’s (AOC) budget request of $26.145 million to raise the hourly rate for court appointed attorneys to $80 per hour, which was not included in the governor’s budget or his supplemental budget. However, Sen. Todd Gardenhire, R-Chattanooga, chair of the committee, made a motion after Wright and Grimmett’s testimony to amend the governor’s budget to add the $26.145 million in increased recurring funding to the AOC for indigent representation; this motion passed unanimously and will be signed by the members of the Senate Judiciary Committee. The funds will ultimately be decided through budget negotiations between the administration and the legislature. Watch the TBA's testimony beginning at 17:08 or see photos from the day.

Posted by: Julia Wilburn on Mar 26, 2024

Former Memphis Mayor Jim Strickland will be the new head of the Cecil C. Humphreys School of Law at the University of Memphis, reports the Daily Memphian. The announcement follows the law school telling staff Strickland was the preferred candidate in an email two weeks ago. Strickland is an alumnus of both the law school and the university, and he was a practicing attorney until he became mayor in 2016. Strickland will join the law school’s faculty as a professor of practice April 8 and become dean June 1. Current Dean Katharine T. Schaffzin announced to the law school community in August of last year that she would step down at the end of the school year.

Posted by: Julia Wilburn on Mar 26, 2024

A national group representing the Satanic Temple filed a lawsuit against Memphis-Shelby County Schools alleging it violated the organization’s First Amendment right to free assembly when it blocked the After School Satan Club (ASSC) from meeting at Chimneyrock Elementary School. According to the Tennessee Lookout, a representative of the group contacted school district officials in November of last year to request space for club meetings at the same rate charged to other after-school groups, including the Good News Club, a group sponsored by Child Evangelism Fellowship. The lawsuit alleges Memphis Schools charged ASSC “exorbitant” fees, including a $2,045 “special security fee” for additional security officers if it wanted to host a meeting, while not assessing a similar fee to other nonprofit organizations meeting at school facilities.


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