TBA Law Blog


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Posted by: Julia Wilburn on May 4, 2023

Representatives Justin Jones, D-Nashville, and Justin Pearson, D-Memphis, have officially filed for reelection. The two representatives were expelled after protesting on the House floor in April in support of the public’s calls for gun reform. Both were reappointed to their seats within days of expulsion and have been serving as interim representatives. The special elections are estimated to cost somewhere between $70,000 and $120,000 in Nashville and around $400,000 in Memphis, according to News Channel 5 and the Daily Memphian.

Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News

The autopsy report of Tyre Nichols, the motorist who died after being beaten by Memphis police officers, reveals that Nichols was killed by blunt force trauma to the head. The Commercial Appeal reports that Nichols' family viewed the autopsy report Wednesday, nearly four months after Nichols' death, and attorney Ben Crump said the manner of death was homicide.

Posted by: Julia Wilburn on May 4, 2023
News Type: Passages

Retired U.S. Magistrate Judge B. Waugh Crigler died April 26 at age 74. A resident of Charlottesville, Virginia, Waugh earned his law degree in 1973 from the University of Tennessee College of Law, where he was a member of the Tennessee Law Review and was admitted to the Order of the Coif and the Legal Honor Society Phi Delta Phi. Waugh joined the chambers of the Hon. Robert Taylor in the Eastern District of Tennessee as a law clerk and later practiced in Culpeper, Virginia, in what became Davies, Crigler, Barrell and Will PC. In 1981, he was appointed U.S. Magistrate Judge for the Western District of Virginia, a position he held until his retirement in 2013.

Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News

The Memphis branch of the NAACP criticized Tennessee’s response to gun violence after a shooting Wednesday at Fox 13 News. The group questioned the apparent ease with which the assailant was able to obtain an assault rifle. Local chapter President Van Turner called on Gov. Bill Lee and the General Assembly to call a special session this summer to consider gun reform. The group also announced it is in support of Shelby County District Attorney General Steve Mulroy’s decision not to charge Preston Hemphill, an officer who was involved in the initial attempted arrest of Tyre Nichols in January. The Daily Memphian has the full report.

Posted by: Julia Wilburn on May 4, 2023
News Type: Legal News

Despite calls from various groups, Metro Nashville Police (MNPD) says it will not be releasing the Covenant School assailant’s writings at this time. Some Covenant parents have told MNPD they do not want the writings to be made public, and Metro Law Director Wally Dietz says, “We believe family members of the victims should have the opportunity to present any concerns or objections to the Court at that time.” WPLN reports that Metro plans to eventually release a redacted version of the journal found in the assailant’s car.

Posted by: Julia Wilburn on May 4, 2023
News Type: TBA CLE

Join us for the live virtual Local Government Forum May 12 from 10 a.m.-3 p.m. CDT. Government law is an ever-changing practice area with a unique blend of constitutional, statutory and case law. This year’s program features a legislative update, sessions on sovereign citizens and annexation, as well as a session titled "The Ethical and Professional Challenge of Police in Schools." Register here.

Posted by: Julia Wilburn on May 2, 2023
News Type: TBA CLE

This year's Dispute Resolution Forum makes its return in person, also offering a Zoom simulcast. Join colleagues for carefully crafted sessions tailored to both lawyers and mediators featuring accomplished speakers from the ADR vocation. Topics include crafting a settlement, the art of negotiation, a discussion of litigation and/vs. arbitration in court, handling pro-bono cases, and more. The forum will take place on May 19 from 9:30 a.m. to 2:30 p.m. CDT at the Nashville office of Butler Snow, 150 3rd Ave. S., Nashville 37201.

Posted by: Julia Wilburn on May 1, 2023

The May/June 2023 issue of the Tennessee Bar Journal is available online and will begin arriving in mailboxes later this week! This issue focuses on Access to Justice efforts across the state, including the cover story by Joy Radice that explores the relief offered by Tennessee's expungement statute, describes pro bono models that have been used statewide and highlights institutional expungement innovations. Linda Warren Seely's feature story covers how courts are addressing landlord/tenant or eviction cases in a more systemic way, and TBA's Public Service Award winners are profiled. Columnists Edward G. Phillips and Brandon Morrow take a look at the National Labor Relations Board's recent decision on severance agreements and John A. Day considers the principal tool used by the Tennessee General Assembly to enforce the prohibition of gender-affirming care — the tort system. A review of Keel Hunt's new book about Judge Gilbert Merritt and Tasha C. Blakney's final column as TBA president help round out the issue, plus we remember two pro bono giants we've said goodbye to in the last year.

Posted by: Julia Wilburn on Apr 27, 2023
News Type: Legal News

The Metro Nashville Office of Conservatorship Management (OCM) is seeking volunteers for its Conservatorship Assistance Program. A joint venture with the TBA Public Education Committee and state legal aid organizations, the program serves to assist applicants in obtaining conservatorship for their special needs children upon turning 18. The goal is to obtain a list of lawyers across the state willing to assist when needed. Learn more on the TBA Public Education portal.

Posted by: Julia Wilburn on Apr 27, 2023
News Type: Legal News

The Chattanoogan reports that Hamilton County Public Defender Steve Smith asked the county commission for $741,423 in salaries for 22 lawyers. Smith said the starting salary for a Hamilton County assistant public defender (APD) is about $55,000, about the same as a jailer’s salary, and he noted that starting salaries at local private law firms are six figures. Smith outlined the heavy caseload of the public defenders, which he said is only getting heavier as law enforcement is reformed with better structure and better pay, resulting in more cases for the APDs.


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