TBA Law Blog


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Posted by: Julia Wilburn on Nov 12, 2025

TBA President Heidi Barcus has formed a task force to gather and review feedback from TBA members regarding the Tennessee Supreme Court’s order soliciting comments on regulation of the legal profession. Feedback should be sent to townhall@tnbar.org by Dec. 12 at 11:59 p.m. CST and should be specific in nature. All comments will be shared with the task force. The TBA welcomes candid feedback from all viewpoints. Watch for more information in TBA Today in the coming months on additional ways to share your thoughts on this important issue. Thank you to those members who have agreed to serve on the task force. They are: Brandon Bass, Lisa Cole, Dixie Cooper, Mike Galligan, Ed Lanquist Jr., Mary Beth Maddox, Jimmie Miller, Randy Noel, Sarah Sheppeard, Scott Sims, Charles Swanson, Danny Van Horn, Howard Vogel. and John Wilks. The task force will be chaired by Sarah Sheppeard.

Posted by: Julia Wilburn on Nov 11, 2025
News Type: Legal News

Tennessee death row inmate Harold Wayne Nichols on Monday declined to choose between the electric chair and lethal injection for his Dec. 11 execution, meaning the state will default to lethal injection, according to the Associated Press. Nichols was sentenced to death in 1990 after he was convicted of raping and murdering Karen Pulley, a 21-year-old student at Chattanooga State University, two years earlier. In 2024, Tennessee announced a new lethal injection protocol to administer a single drug, pentobarbital. The move was challenged in a March lawsuit brought by nine death row inmates, one of whom has since been executed. Soon after, Nichols sued the state to delay his execution until litigation over the execution drug is resolved. His attorneys also have filed suit seeking access to state records on execution procedures.

Posted by: Julia Wilburn on Nov 11, 2025
News Type: Legal News

In Tennessee, the rate of women killed by men is among the nation’s highest, according to a 2023 report from the Violence Policy Center. Now, new reporting from Nashville Public Radio and ProPublica highlights what they say is a dangerous gap in the state’s probation system that leaves domestic violence victims at risk. As the news sources explain, once a judge issues a probation violation warrant, officers halt all in-person supervision — including visits and home checks — even for high-risk offenders, sometimes for months or longer. Between 2019 and 2022, at least six young Black mothers were killed during these supervision lapses, often by armed men who should have been closely monitored. The Tennessee Department of Correction acknowledges the pause in face-to-face oversight but says officers shift their focus to helping law enforcement locate violators. Critics of that approach say it undermines public safety.

Posted by: Julia Wilburn on Nov 11, 2025

State Rep. Caleb Hemmer, D-Nashville, on Monday announced that he would not seek reelection for a third two-year term in the state legislature. Hemmer represents District 59 in southern Davidson County and passed bills during his tenure dealing with maternal health, university-sponsored lab schools, affordable housing and children’s mental health. The Tennessee Lookout reports that in his parting statement, Hemmer urged constituents to continue holding elected officials “to the highest standards of ethical and professional conduct.”

Posted by: Julia Wilburn on Nov 11, 2025
News Type: Legal News

Christopher Steele, an inmate at the Shelby County Jail, died on Friday, marking at least the 10th such fatality and the third in 10 days. The Shelby County Sheriff’s Office is investigating, and no cause of death has been given yet. Shelby County Sheriff Floyd Bonner Jr. announced last week that hundreds of inmates at the overcrowded facility would be moved to other nearby jails in an effort to combat that overcrowding. The Daily Memphian has more on the developments.

Posted by: Julia Wilburn on Nov 11, 2025
News Type: BPR Actions

The Tennessee Supreme Court reinstated South Carolina lawyer David Lee Mundy on Nov. 4. Mundy had been on inactive status since May 15, 2008. The Board of Professional Responsibility reported that the reinstatement petition was satisfactory and that Mundy met the requirements of Tennessee Supreme Court Rule 9, § 10.8(c).

Posted by: Julia Wilburn on Nov 11, 2025
News Type: Legal News

Judge Raymond Lepone was appointed to the 30th Judicial District Criminal Court, which covers Shelby County, by Gov. Bill Lee on Aug. 29, filling a vacancy created by the retirement of Judge Paula Skahan. Although he has a new title, Lepone is no stranger to the criminal court. Prior to taking the bench, he was a juvenile court magistrate, presiding over delinquency, custody, visitation, and dependency and neglect dockets. Lepone pursued a legal career later than most and said his uncle, a police officer in Philadelphia, inspire him to serve. “He would always be in his uniform and tell me Batman and Robin stories because I was young. He always explained his job as trying to keep people safe and help people. When I went to law school, I knew I wanted to be a prosecutor and that’s exactly what I did.” Lepone is a graduate of the University of Memphis Cecil C. Humphreys School of Law and Kennesaw State University. Read more in a profile from the Administrative Office of the Courts.

Posted by: Julia Wilburn on Nov 11, 2025
News Type: Legal News

The Governor’s Council for Judicial Appointments is now accepting applications to fill a vacancy on the Tennessee Court of Appeals, which will occur with the retirement of Judge D. Michael Swiney on Jan. 12, 2026. Qualified applicants must be licensed attorneys who are at least 30 years of age, have been residents of the state for five years and reside in the Eastern Grand Division of the state. Applicants must complete the application and submit it to the Administrative Office of the Courts (AOC) by noon CST on Dec. 3. The council will meet on Jan. 7, 2026, at 10 a.m. EST, in the courtroom of the Knoxville Supreme Court Building, 505 Main St., Knoxville 37902. Any member of the public may attend the public hearing to express, orally or in writing, their objections concerning applicant(s) for the vacancy. Questions about the application process should be submitted to AOC Assistant General Counsel Laura Blount at (615) 741-2687 or laura.blount@tncourts.gov.

Posted by: Julia Wilburn on Nov 11, 2025
News Type: TBA CLE

Make plans now to join colleagues for a unique CLE on Dec. 3 that will celebrate the 100th anniversary of the Scopes Monkey Trial by using the concepts and players involved in the trial to teach legal ethics, explore strategies for litigating counter-cultural cases in the 21st century and provide an update on what’s happening at the U.S. Supreme Court (with an emphasis on the issues that pertained to the trial). Learn more and register for this live virtual event, which will run from 9 a.m. to 3 p.m. CST, on the TBA website.

Posted by: Julia Wilburn on Nov 7, 2025

Enrollment is now open for the Tennessee Bar Association’s BlueCross BlueShield of Tennessee group health insurance plan, available exclusively to TBA members. The plan offers guaranteed issue coverage with no health questions or pre-existing condition exclusions and may deliver savings compared to your current health plan. Don’t wait! Enroll today and give your firm the benefits it deserves. Watch this Q&A with Buck Orrison with TBA Member Insurance Solutions to get answers to your questions about coverage in the coming year. Not part of a group? TBA also offers a dedicated health plan for solo attorneys.


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