The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is expected to provide a range of benefits. These include increasing the number of attorneys willing to accept appointments, enhancing the quality of representation with training and mentorship opportunities, focusing on complex cases and smaller rural communities to build capacity, and eliminating the need for judges to find attorneys to take cases. The plan also is expected to lead to more timely representation and better outcomes for children needing guardian ad litem services, and a smoother process in adoption cases. In addition, it will assist in the proper determination of indigency by developing processes and safeguards to protect against misuse. The TBA applauds the collaborative efforts of the Supreme Court, the AOC and stakeholders in developing and advocating for a new plan moving forward. Learn more about the plan and indigent representation in Tennessee.

Several wrongful death lawsuits recently have been filed across the state. In Memphis, the mother of Shelby County Jail inmate Ramon McGhee — who died malnourished and covered in bed bugs — has filed a lawsuit against the county and its jail health care provider, the Commercial Appeal reports. In Chattanooga, the son of a man beaten to death in 2018 at the McMinn County Jail has filed a $25 million wrongful death suit. Gavin Cook says that "deliberate indifference" by the county sheriff led to his father Timothy Brian Cook’s death, according to the Times Free Press. And in Knoxville, a court has ruled that a suit can proceed against three police officers in the shooting death of Anthony Thompson. That case alleges the officers failed to provide medical care to Thompson after he was shot by police. The appellate decision reverses a lower court ruling that the officers could not be sued personally, Knox News reports.

The NAACP Legal Defense Fund has sued Fayette County over its 2021 electoral map. The suit alleges that the map adopted by commissioners was chosen “at least in part with the intent to racially discriminate against Black voters” and that the decision was made against the advice of the commission’s redistricting committee and legal counsel. The filing comes after the U.S. Justice Department sued the Fayette County Board of Commissioners in January, similarly alleging the board violated the Voting Rights Act when it adopted the redistricting plan. Tennessee Lookout has more on the suit and a copy of the filing.

Gov. Bill Lee has announced two judicial appointments. Valerie L. Smith was named to the Tennessee Court of Appeals (Western Division) while Steven W. Sword was named to the Tennessee Court of Criminal Appeals (Eastern Division). Smith serves as a circuit court judge for the 30th Judicial District in Shelby County. She was appointed to fill a vacancy created by the retirement of Judge Arnold B. Goldin. Sword serves as a criminal court judge for the 6th Judicial District in Knox County. He was appointed to fill a vacancy created by the passing of Judge James C. Witt Jr. Both must be approved by the legislature.

TBA’s Legislative Updates podcast features TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Ashley Harbin of Adams and Reese. This week they discuss several legislative developments, including SB1052/HB1355, which amends Tenn. Code Ann. §36-1-102(45)(B) to specify that a biological father who only pays token support to the child’s mother does not qualify as a putative father; SB540/HB492, which addresses custody determinations and failure to pay child support; SB541/HB906, which pertains to legislation from the TBA probate study group; SB394/HB569, concerning the selection of a settlement agent in real property transactions; SB943/HB1255, which mandates continuing education for judges involved in child custody proceedings; and the Tennessee Administrative Office of the Courts’ plan for indigent representation presented on behalf of the Tennessee Supreme Court. Listeners can tune in on the TBA website or directly through this link.

Nashville law firms are increasingly expanding their specialties, with several adding new practice areas in response to the city’s growth and demand for legal services. In a report from the Nashville Business Journal, firms like Thompson Burton and Adams and Reese have significantly broadened their practices, incorporating areas such as business immigration, artificial intelligence (AI) and entertainment law. As AI technology becomes more integral to the legal field, firms such as Baker Donelson and Sherrard Roe Voigt & Harbison have introduced dedicated AI teams to help clients navigate legal challenges related to AI, while others, like Lewis Thomason, have implemented policies to ensure AI is used only for non-substantive tasks due to data privacy concerns. There are many variations in the use of AI, based on the individual firm’s field of practice, but, the paper reports there "seems to be an agreement on the establishment of clear guide rails and that AI cannot replace the human touch or nuance of legal practice."

The TBA is seeking to fill vacancies, both on its Board of Governors and in its House of Delegates. Open positions on the board include 4th District governor and East Tennessee governor. Seats available in the House of Delegates include those in the 2nd, 7th, 8th, 9th, 15th, 18th, 22nd, 23rd, 24th and 31st districts. Finally, a vacancy exists in the position of young lawyer delegate to the ABA House of Delegates. Those interested in being considered for any of these positions should email TBA Executive Director Sheree Wright at barED@tnbar.org by March 3. For additional information on these vacancies, including terms of service and counties included in each district, visit the TBA’s election page.

Shelby County Commissioner Edmund Ford Jr. has been federally charged with bribery and tax evasion, the Commercial Appeal reports. Ford turned himself in to federal authorities Friday morning. An indictment charges Ford with one count of bribery and kickbacks related to programs receiving federal funds and six counts of attempting to evade tax payments. If convicted on all counts, Ford could face up to 40 years in federal prison. Three nonprofits are named in the criminal complaint, along with businesses owned and operated by Ford. According to the news outlet, the charges may be connected to a previous investigation into Ford's involvement in securing a $450,000 grant for Junior Achievement of Memphis, which later purchased computers from Ford's business. The FBI executed a search warrant at Ford's home in May 2023 as part of the ongoing investigation.

Paint Memphis, a nonprofit known for transforming a city corner with its annual mural fest, has appealed a court ruling that found it failed to fully pay two former co-directors for six months of work. A judge in Shelby County General Sessions Court ruled earlier this month that Paint Memphis must pay the former co-directors a combined $5,720 for their work from October 2023 to April 2024, the Daily Memphian reports. The organization is now appealing the ruling, and a new trial, including consideration of evidence, is expected to start over. A court date has yet to be set. In related news, Paint Memphis also faces allegations of failing to fully comply with its agreement with South Arts, an Atlanta-based funder. South Arts has provided $7,500 annually to Paint Memphis for the past three years to pay the lead artist, with Paint Memphis agreeing to match the amount in some years. However, several artists have reported being underpaid.

The ABA Standing Committee on Pro Bono and Public Service has honored Chattanooga attorney Richard Gossett for his exceptional dedication to pro bono service through his participation in ABA Free Legal Answers. Gossett answered 1,355 civil legal questions on the Tennessee site of ABA Free Legal Answers in 2024, the Hamilton County Herald reports. A letter from the committee described his contribution as “fantastic.” Gossett, a retired banking attorney who spent a lengthy career at Baker Donelson, has a long history of volunteer work in the legal field. Now in its ninth year, ABA Free Legal Answers has facilitated over 400,000 civil legal questions submitted by users to more than 15,000 pro bono attorneys across 43 jurisdictions, including a federal portal addressing veterans' benefits and immigration issues. The committee presents this annual recognition to individuals, law firms, corporate law departments and other organizations that have provided “extraordinary” pro bono service through the virtual legal advice portal.