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Posted by: Julia Wilburn on Mar 11, 2025

The Voyeurism Victims Act unanimously passed the House 93-0 on Monday and now will go to Gov. Bill Lee's desk for his signature. Matthew Vollmer was arrested in November and charged with illegally recording sexual encounters with four women without their consent. The women banded together to push for legislation to change the statute of limitations for bringing a lawsuit to one year past the date of discovery, rather than the date of the original crime, giving victims more time to pursue justice. The bill also will allow victims of unlawful photography to petition for an order of protection. The Tennessean reports that the legislation will not apply retroactively, but the women in the case say they want to change the law to help future victims of similar crimes. The Senate passed the bill March 3 in a 32-0 vote.

Posted by: Julia Wilburn on Mar 11, 2025

The Tennessee House of Representatives on Monday passed a bill that would eliminate race-based policies like affirmative action, racial preferences and racial quotas from being used when making appointments to state boards, including specifically removing rules requiring the governor to strive to ensure at least one person on certain state boards is a member of a racial minority, reports the Nashville Post. Lead sponsor Rep. Jason Zachary, R-Knoxville, says the purpose of HB1237/SB1235 is to align the state with a 2023 Supreme Court ruling that found such race-based programs violate the equal protection clause of the 14th Amendment. Opponents of the bill expressed concern over the potential for disparities in certain appointed boards or committees, and pointed out that affirmative action policies are not meant to give members of minority groups an unfair advantage. Senate sponsor, Sen. Paul Rose, R-Covington, asked the Senate Judiciary Committee to move the bill to next week’s calendar.

Posted by: Julia Wilburn on Mar 11, 2025

The Tennessee Bar Association is now accepting nominations for its 2025 Claudia Jack Award and Justice Frank F. Drowota III Outstanding Judicial Service Award. The Claudia Jack Award honors an outstanding public defender or court-appointed private practitioner who has served the legal community and clients in an exemplary fashion. It is named after the late Claudia Jack, a public defender and long-time champion of the poor and underprivileged. The Drowota Award is given to a judge or judicial branch official of a federal, state or local court in Tennessee who has demonstrated extraordinary devotion and dedication to the improvement of the law, the legal system and the administration of justice, as exemplified by the career of former Tennessee Supreme Court Justice Frank F. Drowota III. The deadline to submit nominees for both awards, which will be presented at the TBA Annual Convention in June, is April 4.

Posted by: Julia Wilburn on Mar 11, 2025

Knoxville attorney Edward Bruce Foster Jr. died March 7 at age 88. Foster earned his undergraduate degree in business from the University of Tennessee (UT) and his law degree from the UT College of Law. Following law school, Foster received a commission as a first lieutenant in the U.S. Army Judge Advocate General’s Corps, serving on active duty in France from 1959-1963. In 1991, he joined Bass, Berry and Sims, opening its first Knoxville office. Foster served as president of the Knoxville Bar Association, was a member of the Tennessee State Constitutional Convention of 1977, and served as a special justice on the Tennessee Supreme Court during Gov. Lamar Alexander’s administration. A memorial service will be held at 4 p.m. EDT on April 12 at Second Presbyterian Church, 2829 Kingston Pike, Knoxville 37919, with a reception to follow. In lieu of flowers, the family requests that memorial donations be made to Second Presbyterian Church, the E. Bruce and Mary Evelyn Foster Scholarship at UT Law, Knoxville Knox County-CAC Mobile Meals, or do what Foster did best — do something kind for someone else.

Posted by: Julia Wilburn on Mar 11, 2025

Knoxville-based U.S. District Judge Thomas A. Varlan on Monday ruled that Edward Kelley's pardon regarding his participation in the Jan. 6, 2021, riot at the U.S. Capitol does not cover his conviction for conspiring to kill law enforcement agents investigating him. The Tennessean reports that the Maryville man was separately charged, convicted and then pardoned for his actions related to the riot. Judge Varlan wrote that Trump's pardon does not apply to the conspiracy charge "because this case involved separate offense conduct that was physically, temporally and otherwise unrelated to defendant’s conduct in the D.C. case and/or events at the Capitol on Jan. 6, 2021." Varlan also separately denied Kelley's motion for a new trial due to insufficient evidence.

Posted by: Julia Wilburn on Mar 11, 2025

The Trial Court Vacancy Commission met in Chattanooga to select nominees for a circuit court judge in the 11th Judicial District in Hamilton County. After holding a public hearing and interviews, the commission forwarded the following individuals to Gov. Bill Lee for his consideration: Christina R. Mincy, Jennifer K. Peck and William Matthew Wayne. The vacancy was created with the appointment of Judge Michael J. Dumitru to the U.S. District Court for the Eastern District of Tennessee. Visit the Administrative Office of the Courts' website for more on the candidates.

Posted by: Julia Wilburn on Mar 7, 2025

It's time for another round of #TeamTBA! Meet the people behind the scenes and learn more about the moving parts, projects and staffers of the Tennessee Bar Association. Lanny Brown is TBA's assistant executive director and he oversees the day-to-day operations of the organization. Lanny came to the TBA last year after serving as vice president of the Girl Scouts of Middle Tennessee and as curator of the Nashville Zoo. (His behind-the-scenes stories of the zoo are fascinating.) He says his favorite part of his job is working with an amazing staff of professionals who don't take themselves too seriously. Lanny is an amateur dendrologist, he can stop his own hiccups after no more than two and he prefers function over fashion — cargo shorts all the way. The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff member makes the association run. Check back next week for a new staff profile in TBA Today and on the TBA's Facebook and Instagram accounts.

Posted by: Julia Wilburn on Mar 5, 2025

Administrative Office of the Courts (AOC) Director Michelle Long recently testified before the Senate Judiciary Committee, where she outlined the new Plan for Indigent Representation drafted by the AOC on behalf of the Tennessee Supreme Court, among other AOC budget requests. In her testimony, Long thanked lawmakers and Gov. Bill Lee for last year’s funding that led to increased hourly rate of pay to $60 per hour to court-appointed attorneys representing the indigent. Long also stated the AOC listened to the legislature, researched how indigent representation works in other states, talked to stakeholders and developed an innovative solution to indigent representation that shifts the paradigm by providing flexible compensation for attorneys, which will take into consideration the complexities of the cases, qualifications of the attorneys and the needs of the court in that jurisdiction. The new indigent representation plan will also provide more resources to confirm indigency, and it will shift the responsibility of appointing attorneys to represent the indigent to the new Office of Indigent Conflicts and Civil Counsel which will consult with judges in each district to identify lawyers providing quality representation in their districts. Watch her testimony beginning at 1:31:04. Please visit the TBA Indigent Representation webpage for more information.

Posted by: Julia Wilburn on Mar 5, 2025

Friday’s TBA Estate Planning & Probate Forum was a huge success with more than 280 in-person attendees. This forum remains the premier event for Tennessee planners and professionals of related practice areas. The daylong event featured expert speakers covering topics such as community property trusts, AI developments, a probate panel, ethics, legislative updates and much more. The continued growth is a testament to the topnotch programming, presenters and hard work of the Estate Planning Section leadership. Event sponsors were onsite to provide information regarding their organizations to TBA members. Thanks to presenting sponsor Holland & Knight, breakfast sponsor Magnolia Trust Company, lunch sponsor Pendleton Square, break sponsors FirstBank and Argent Trust, wifi sponsor ABA Retirement Funds, and exhibitors American Cancer Society, Case Auctions, Conservatorship Assocition of Tennessee, Cumberland Trust, Discovering Connections, Diversified Trust, Peachtree Planning, and Southeastern Trust. See pictures from the event.

Posted by: Julia Wilburn on Mar 4, 2025

The Tennessee Supreme Court on Monday reset execution dates for four men on death row after a five year pause in the procedure. The Tennessean reports that the court set the following dates: Oscar Franklin Smith, execution date May 22: Byron Lewis Black, execution date Aug. 5; Donald Ray Middlebrooks, execution date Sept. 24; and Harold Wayne Nichols, execution date Dec. 11. Gov. Bill Lee temporarily halted executions after a 2022 investigation found that the state had failed to follow the execution protocol it set in 2018. Gary Wayne Sutton, the fifth person who was scheduled to die before Lee's 2022 announcement, did not have his execution date set by the court. The state created new lethal injection protocol in December 2024 that would use a single drug, pentobarbital, replacing the three-drug cocktail previously used. In January, the U.S. Department of Justice rescinded its protocol that allowed single-drug lethal injections for federal executions.


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