On Wednesday, Davidson County Chancellor Patricia Moskal ordered the sealing of affidavits related to a Department of Children's Services (DCS) case that had been publicly available for years. The case stems from a petition by Memphis journalist Stacy Jacobson seeking access to documents related to the death of a 14-year-old boy. The initial documents contained redactions that the Tennessee Court of Appeals ruled were too broad. Moskal also heard arguments over new redactions in related files, during which Reporters Committee for Freedom of the Press Senior Attorney Paul McAdoo, representing Jacobson, urged the judge to make sure the redactions were limited to details truly identifying of the child. McAdoo also pointed out that certain newly made redactions were not previously made in publicly posted versions of the DCS documents. The Nashville Banner reports on the developments in its daily newsletter.

Celebrate Tennessee’s 229th birthday on May 31 with free, family-friendly activities Tennessee State Library & Archives (TSLA), the Tennessee State Museum and Bicentennial Mall State Park. The Tennessee State Museum will open at 10 a.m. CDT to the public and offer highlight tours, story time with reigning Miss Tennessee Carley Vogel, period games on the front lawn and a cupcake celebration. The TSLA will showcase Tennessee’s founding documents and new exhibits, and will host living history interpreters and indoor and outdoor activities, including a scavenger hunt. Tennessee’s three original constitutions also will be presented, displayed and guarded by the Tennessee Highway Patrol Honor Guard as part of the opening ceremony. Park rangers will offer free guided tours of Bicentennial Mall. Plan your visit.

An item in yesterday's TBA Today incorrectly identified former TBA President Jim Emison's law school. Emison received his law degree from the University of Tennessee College of Law (now Winston College of Law) in 1968 and his undergraduate degree from Vanderbilt University in 1965.

This summer marks 100 years since the infamous Scopes Evolution Trial, formally "The State of Tennessee v. John Thomas Scopes," that took place in Dayton, north of Chattanooga in July 1925. The case was a challenge to the Butler Act, a law that made the teaching of human evolution in Tennessee schools illegal. Dubbed “the trial of the century” at the time, noted attorney Clarence Darrow represented Tennessee school teacher John Scopes while three-time presidential candidate William Jennings Bryan prosecution the case for Tennessee. Opening June 24, the Tennessee State Museum will present Eight Days in Dayton: 100 Years of the Scopes Trial, a temporary display featuring artifacts from the museum's collection related to the trial, including the table where town leaders sat in Robinson’s Drug Store when planning the trial, textbooks related to the case, and a significant collection of original press photographs the museum acquired in 2022.

One day after the Department of Justice (DOJ) closed its investigation into the Memphis Police Department (MPD) and possible civil rights violations, Stand for Children Tennessee and the American Civil Liberties Union (ACLU) submitted public records requests for "response to resistance" forms and internal investigation documents created since the DOJ report was released. The groups also are asking for policies that were in effect prior to Tyre Nichols being beaten by police in 2023. Community advocates say that a task force formed in lieu of federal oversight lacks transparency, and that collected data could inform legal action and continued advocacy for police reform. The Commercial Appeal reports that the effort is part of a broader campaign across seven states where DOJ findings were made but no consent decrees were signed.

Past TBA President and University of Tennessee College of Law (now Winston College of Law) graduate Jim Emison has devoted much of his retirement to finding justice for Elbert Williams, the first known NAACP member to be racially terrorized and slain. In 1939, Williams helped found the Brownsville chapter of the NAACP, which sought to regain voting rights for Haywood County African Americans. The next year, police and one civilian forcibly removed Williams from his home. Williams’ body was pulled out of the Hatchie River three days later with two bullet holes in his chest. Emison says, “Pursuing justice for Williams’ murder has taught me so much. I’m grateful to Vanderbilt because what perhaps is even better than good grades is a yearning to keep learning. My professors certainly instilled that in me.” Read more about Emison's work in this profile in Vanderbilt Magazine. Emison received his undergraduate degree from Vanderbilt.

Republican U.S. Rep. Andy Ogles, who represents Tennessee’s 5th Congressional District, held a press conference on Memorial Day to announce that two congressional committees will investigate Nashville Mayor Freddie O’Connell’s response to recent immigration raids in the city. “The Homeland Security and the Judiciary committees will be conducting an investigation into the mayor of Nashville, his conduct and whether or not federal dollars have been used in criminal enterprise,” Ogles said. The Nashville Banner reports that while taking questions from the media, Ogles stated that he believed only citizens are entitled to due process and dismissed a question about raids causing fear in Nashville’s Latino community. About 100 protesters disrupted the event, which was held in the otherwise closed state capitol building, by banging on windows, blowing an air horn and chanting opposition to Ogles and U.S. Immigration and Customs Enforcement (ICE).

U.S. District Judge John Bates in Washington, D.C., on Friday permanently blocked President Donald Trump’s executive order targeting law firm Jenner & Block, ruling it an unconstitutional abuse of the president’s power, according to Bloomberg News. The firm sued the administration on March 28 in response to a March 25 executive order that sanctioned the firm for its pro bono work and ties to Special Counsel Robert Mueller and his investigation into Russian interference into the 2016 election. Bates initially imposed a temporary halt on the order. In Friday's ruling, he said, “This order, like the others, seeks to chill legal representation the administration doesn’t like, thereby insulating the Executive Branch from the judicial check fundamental to the separation of powers.” In a second case,  U.S. District Judge Richard Leon today ruled in favor of WilmerHale’s request to strike down a similar executive order targeting it from March 27. Leon also found that order unconstitutional and granted summary judgement to the firm in lieu of proceeding to a full trial.

Knox County Criminal Court Judge Steve Sword on May 21 dismissed the attempted murder convictions against Ahmad Gatlin, who had been sentenced to 31 years in prison when he was a teenager. Now 20, Gatlin will be granted a new trial due to recently discovered cell phone data that corroborates his claim that he was across town when the crime was committed. Knox News reports that Gatlin was convicted in 2023 after police and prosecutors argued he was in a car when shots were fired into another car near Austin-East Magnet High School in 2021. Knoxville defense attorney Stephen Ross Johnson helped Gatlin's defense team with the challenge and says he is now formally joining the team to represent Gatlin pro bono should the state seek a new trial. According to WBIR, law students from the Wrongful Convictions Clinic at the University of Tennessee Winston College of Law also joined the defense team. Director of Clinical Programs and Associate Professor of Law Joy Radice said, “Lawyers representing the poor whose life or liberty are at stake in a criminal case are overworked, chronically underfunded, and often unable to research and obtain critical and effective expert assistance to meet the awesome power of the state or federal government. I am honored that the [clinic] could be a part of helping to fill that gap in Ahmad’s case, as [it] has for over 75 years for so many others."

Mark your calendars for June 25 for the Dispute Resolution Section's Arbitration & Independent Legal Research webcast. Gail Vaughn Ashworth and Christopher Sabis will present this one hour CLE beginning at 11 a.m. CDT. Get more information and register here.