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Posted by: Julia Wilburn on Feb 8, 2024

The TBA will hold an afternoon conversation with Tennessee Supreme Court Chief Justice Holly Kirby and Justice Dwight Tarwater at Burch, Porter & Johnson in Memphis on March 7 from 2:30-4 p.m. CST. Moderated by attorneys Will Perry and Buck Wellford, the panel will discuss each justice's path to the bench, the importance of mentors, the manner in which the justices interact, the importance of the Rule of Law in our society, and more. The event will wrap up with a networking reception from 4:30-6:30 p.m. CST. Make plans today to attend this unique program and reserve your spot soon as space is limited. All members of the legal community are invited to attend the free reception. No reservation for the reception is required.

Posted by: Julia Wilburn on Feb 5, 2024

A bill introduced last year that continues to be debated in the House Agriculture and Natural Resources Subcommittee would remove protections for more than half of the state’s wetlands. The Daily Memphian reports that currently, developers must get approval from the state environmental agency before disturbing wetlands, but Rep. Kevin Vaughan, R-Collierville — the bill's sponsor and a developer in West Tennessee — called that “bureaucratic overreach” that inflates construction costs for developers and landowners. In Sackett v. Environmental Protection Agency, the U.S. Supreme Court determined that a wetland isn’t federally protected unless it connects to a permanent body of water, such as a river, lake or ocean, on the surface.

Posted by: Julia Wilburn on Feb 2, 2024

A bill introduced last year that continues to be debated in the House Agriculture and Natural Resources Subcommittee would remove protections for more than half of the state’s wetlands. The Daily Memphian reports that currently, developers must get approval from the state environmental agency before disturbing wetlands, but Rep. Kevin Vaughan, R-Collierville — the bill's sponsor and a developer in West Tennessee — called that “bureaucratic overreach” that inflates construction costs for developers and landowners. In Sackett v. Environmental Protection Agency, the U.S. Supreme Court determined that a wetland isn’t federally protected unless it connects to a permanent body of water, such as a river, lake or ocean, on the surface. In other House action, WSMV reports that Rep. Chris Todd, R-Madison County, has introduced a bill to allow certain members of the public — law enforcement officers, retired law enforcement officers, and active and retired members of the armed forces — to openly carry a gun on any school campus.

Posted by: Julia Wilburn on Feb 2, 2024

TBA's Executive Director Sheree Wright took part in a panel discussion at the National Conference of Bar Presidents (NCBP), held during the ABA Midyear Meeting in Louisville, Kentucky. The panel discussed the importance of organizational stability and ensuring a smooth transition when a bar association hires a new chief staff executive. Wright was joined by David Blaner, executive director of the Allegheny County Bar Association/Bar Foundation in Pennsylvania, and moderators Rick Kaplan, past president of the Beverly Hills Bar Association, and Erica Laughlin, past president of the Allegheny County Bar Association. See photos from the event.

Posted by: Julia Wilburn on Feb 2, 2024

Speaker Cameron Sexton, R-Crossville, has introduced an amendment to the state constitution that would allow judges to deny bail to defendants accused of certain violent offenses. The Daily Memphian reports that the amendment prohibits the consideration of the defendant’s ability to pay in setting bail and expands the discretion judges currently have to approve or deny bail for the crimes covered by the 2022 “truth in sentencing” law, a mandatory-minimum law for violent offenses. It would require the judge to explain in the case record why they decided to grant or deny bail. The change would have to be approved by a simple majority of both chambers this year and by two-thirds of both chambers in 2025 before being placed on the November 2026 ballot as a yes/no question. “This is the extra added option judges need now,” House Majority William Lamberth, R-Portland, said. “Right now, a judge absolutely should not set a bond so high with the purpose of making sure somebody can’t get that. That is absolutely unconstitutional and wrong. If any judge is doing that, they’re going to get overturned.” The move comes after Sexton and other leaders announced a new effort in Memphis last week.

Posted by: Julia Wilburn on Feb 2, 2024

Tennessee Attorney General Jonathan Skrmetti published an opinion on Jan. 19 about a proposed bill that would prohibit the Tennessee National Guard from being released into federal active duty combat unless the U.S. Congress declares war. The Tennessean reports that HB1609, sponsored by Rep. Jay Reedy, R-Erin, would make exceptions to expressly execute the laws of the union, repel an invasion or suppress an insurrection. Skrmetti's opinion says the proposal is “constitutionally suspect” under the Supremacy Clause of the U.S. Constitution. “While the constitutionality of the War Powers Resolution has been questioned, it remains controlling federal law ... Under the War Powers Resolution, Congress may authorize the president to use military force without a declaration of war, and even when Congress may decide to make a declaration of war, the War Powers Resolution allows the president to use military force before any such declaration is made.” Read the opinion.

Posted by: Julia Wilburn on Feb 2, 2024

Suzanne Craig Robertson, former editor of the Tennessee Bar Journal, and Gary Wade, former chief justice of the Tennessee Supreme Court, will be featured speakers at the Rose Glen Literary Festival in Sevierville on Feb. 24. Robertson is the author of “He Called Me Sister: A True Story of Finding Humanity on Death Row," the story of her family's 15-year friendship with Cecil Johnson, who was on Tennessee's death row and was executed in 2009. Johnson's final appeal prior to his execution for multiple counts of first-degree murder was heard during Wade's tenure as chief justice. Join them for an engaging conversation highlighting their perspectives on Johnson’s life and legacy. The event will take place from 2-3 p.m. EST at the Sevierville Convention Center, 202 Gists Creek Rd., Sevierville 37876.

Posted by: Julia Wilburn on Feb 2, 2024

The American Bar Association's (ABA) House of Delegates will vote Monday during the group's midyear meeting in Louisville, Kentucky, on a proposed resolution to oppose laws that ban teaching about race. Reuters reports that nearly a dozen ABA entities have jointly submitted a resolution opposing any federal, state or local laws or policies that “restrict the teaching and inclusion of studies on the experiences, roles and contributions of any individual or group” on the basis of their race, gender identity, sexual orientation or religion, among other identifiers. The proposal also opposes restrictions on books or other school resources that address those topics.

Posted by: Julia Wilburn on Feb 2, 2024

The Association for Women Attorneys (AWA) of Memphis honored Tennessee Court of Criminal Appeals Presiding Judge Camille McMullen with the Marion Griffin-Frances Loring Award at its annual banquet on Jan. 25. The award is presented to someone who exhibits outstanding achievement in the legal profession. “Marion Griffin and Francis Loring were pioneers in the fight for civil rights and social justice,” said Judge McMullen. “Through their collective power, these women worked tirelessly to advance gender equality across Tennessee. I applaud the AWA for establishing this award, which serves as a testament to the shoulders upon which we stand as women in the law. I am thankful and deeply moved to be recognized with this incredible honor.” McMullen was appointed to the Court of Criminal Appeals in 2008. In 2023, she was elected the first woman and the first African American to lead the 12-member court.

Posted by: Julia Wilburn on Feb 2, 2024

William Hoytte "Bill" Austin Jr. died on Jan. 29 at age 88. Originally from Mississippi, Austin graduated from The University of Mississippi in 1956, returning home to Lake Cormorant to manage his family farm, the largest dairy cattle herd and operation in the state of Mississippi at the time. Under his leadership, Austin Farms built the most advanced milking parlor facilities in the south. When the family farm was sold, Austin decided to make a career change. He attended Memphis State School of Law and received his law degree in 1972. Austin opened his own practice in 1977, known today as The Austin Law Firm. Licensed to practice law in Tennessee, he was a fellow of the Mississippi Bar Foundation and past president of the DeSoto County Bar Association. Memorials may be sent to The William Hoytte Austin Jr. Endowed Scholarship at Northwest Mississippi Community College, 4975 Highway 51N. Senatobia, MS 38668.


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