Less than a month after the Foundation for Individual Rights and Expression (FIRE) filed a First Amendment lawsuit against Germantown, the city has voluntarily dismissed charges against resident Alexis Luttrell for keeping skeletons in her yard beyond the 30-day limit set by Germantown's property maintenance code. Luttrell cited her First Amendment rights to challenge the citation, and FIRE filed a federal lawsuit seeking to overturn the ordinance while representing Luttrell in municipal court. "Holidays come and go, but the First Amendment is here year-round," said FIRE attorney Colin McDonell in a press release. Additionally, the Germantown Board of Mayor and Aldermen will consider repealing the city's holiday decorations ordinance. Following a comprehensive review with the administration and city attorneys, it was recommended that the ordinance be eliminated, according to the Commercial Appeal. A first reading on repealing the ordinance was on the agenda for today’s board meeting.

A new legal settlement will ensure that all deaf incarcerated individuals in Tennessee Department of Correction (TDOC) custody have access to videophones, sign language interpreters and other accommodations that allow them to participate in programming and services behind bars, WPLN News reports. The settlement marks the conclusion of a lawsuit filed in 2020 by Disability Rights Tennessee and three deaf incarcerated men, who alleged TDOC was violating the Americans with Disabilities Act and the Rehabilitation Act by failing to provide communication access for deaf inmates. Under the terms of the settlement, TDOC said it would provide interpreters for interactions such as intake and orientation, medical appointments, educational programming and disciplinary proceedings. The department also will provide videophones at every facility housing deaf prisoners, as well as at intake facilities, to allow those individuals to communicate via sign language.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed the development of a new structure for handling civil appointments for indigents as well as criminal conflicts. Under the plan, the Tennessee Supreme Court would establish the “Indigent Representation Commission.” This commission would provide oversight and management for the indigent representation system, including the proposed "Office of Indigent Conflicts and Civil Counsel." The commission would be governed by Tennessee Supreme Court Rule, like existing supreme court boards and commissions, and would manage indigent representation tasks presently handled largely by the courts. The commission also would work closely with other stakeholders to review and implement policies to improve the system. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.

The TBA Access to Justice Committee is accepting nominations for the 2025 Public Service Awards. The annual awards recognize outstanding commitment to access to justice in three categories: work performed by an attorney employed by an organization primarily involved in providing legal representation to the indigent, pro bono work performed by a private or corporate attorney, and a strong commitment to pro bono service by a Tennessee law student or recent graduate. Nominations are due by March 31. Awards will be presented during the TBA Annual Convention in June.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed the development of a new structure for handling civil appointments for indigents and to handle criminal conflicts. Under the plan, the Tennessee Supreme Court would establish an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The office would manage an estimated 76,000 cases each year, employing one statewide executive director and three attorneys — one in each grand division — as well as up to two full time or four part time attorneys who will all maintain their own caseloads. The office will implement strategic compensation structures using a combination of retainer, flat fee and hourly contracts, offering more competitive, predictable and intermittent compensation for attorneys who take appointed cases. The Supreme Court and the TBA believe that this new structure will better address the impending crisis in the administration of justice in Tennessee. Learn more about the plan and indigent representation in Tennessee and watch for our ongoing coverage of this issue. 

This week's TBA Legislative Updates podcast features TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley and Ashley Harbin of Adams and Reese. This week, they discuss several key bills, including SB1052/HB1355, which amends Tenn. Code Ann. §36-1-102(45)(B) to clarify that a biological father who only provides token support does not qualify as a putative father; SB540/HB492, addressing custody determinations and failure to pay child support; SB541/HB906, related to the TBA probate study group’s legislation; SB394/HB569, regarding the selection of a settlement agent in real property transactions; and SB943/HB1255, which focuses on continuing education for judges handling child custody cases. The podcast also covers the Tennessee Administrative Office of the Courts' (AOC) plan for indigent representation on behalf of the Tennessee Supreme Court. Watch Director Michelle Long present the AOC’s budget request, including funding for a new Office of Indigent Conflicts and Civil Counsel, which would oversee the state’s indigent representation system. Her testimony begins at 1:31:04. Listeners can tune in to the podcast on the TBA website or directly through this link.

The Metro Nashville Police Department (MNPD) has agreed to implement a sexual misconduct policy proposed by the Community Review Board last August. Metro lawyers and human resources officials spent months reviewing the policy, which aims to better define misconduct, expand reporting options and enhance protections for those who report it, the Nashville Banner reports. While the current police department manual addresses sexual harassment and coercion in the workplace, the new policy provides a more detailed list of prohibited conduct, covering both workplace interactions and officer-community relations. According to the news outlet, the department’s adoption of the policy follows years of allegations and debate over its handling of sexual misconduct, harassment and discrimination. “I am grateful to leadership at MNPD for the way they’ve received and implemented the recommendations from the Community Review Board’s report,” Mayor Freddie O’Connell said in a statement.

Gov. Bill Lee has announced that two artificial intelligence (AI) tools with ties to the Chinese Communist Party, Manus and DeepSeek, are now banned from Tennessee’s state network due to data privacy and cybersecurity concerns, according to a press release from the governor’s office. Tennessee is the first state in the nation to prohibit the Alibaba-owned Manus platform, which launched Thursday. Security risks cited include censorship, propaganda, bias, discrimination and data privacy threats. Following the statewide ban on DeepSeek, Tennessee Attorney General Jonathan Skrmetti issued a consumer warning, urging Tennesseans to exercise caution and consider the risks of using DeepSeek over an AI product from a non-communist country. "DeepSeek creates real risk for both our country and our consumers," Skrmetti said.

Tennessee’s unemployment rate remained steady at 3.7% in January, matching the revised December rate, according to the Tennessee Department of Labor and Workforce Development. The state’s seasonally adjusted rate was three-tenths of a percentage point below the national rate of 4%. Over the past year, Tennessee employers added 21,500 jobs, with the government sector seeing the largest gains, followed by mining, logging and construction and leisure and hospitality.

President Donald Trump on Thursday signed an executive order naming one law firm, Perkins Coie, for specific activities and directing a federal review of other law firms over diversity and inclusion initiatives. The order directs the Equal Employment Opportunity Commission (EEOC) to “review the practices of representative large, influential, or industry leading law firms for consistency with Title VII of the Civil Rights Act of 1964, including whether large law firms: reserve certain positions, such as summer associate spots, for individuals of preferred races; promote individuals on a discriminatory basis; permit client access on a discriminatory basis; or provide access to events, trainings, or travel on a discriminatory basis.” It also directs the U.S. attorney general, in coordination with the EEOC, to investigate the “practices of large law firms who do business with federal entities for compliance with race-based and sex-based non-discrimination laws and take any additional actions” deemed appropriate "in light of the evidence uncovered."