The Tennessee court system continues to navigate difficulties providing legal representation to indigent individuals who are guaranteed counsel. The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to address these challenges. Among the innovative elements of the plan is a proposal to utilize strategic and flexible contracting with attorneys. Contracts with attorneys would be tailored to fit the qualifications of the attorney, the complexity of the case type and the particular needs of the judicial district. In addition, attorneys would have options like committing to indigent representation for a percentage of their time, allowing appointed cases to be balanced with other clients. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.

International health care law firm McDermott Will & Emery has opened an office in Nashville at 222 2nd Ave. S., Ste. 1840 with four new partners: Ken Marlow, Wells Beckett, Stephen Page and Spencer Green. The lawyers, previously with K&L Gates, will lead the office's Health & Life Sciences Practice Group. “Nashville is home to more than 900 health companies and our new presence gives us a strong connection to the unique health and life sciences ecosystem that has formed there," said Kristian Werling, global head of the practice group. "Simply put, it’s a place that McDermott ... should be." Read more from the firm or from the Nashville Business Journal.

Edward Kelley of Maryville was found guilty of involvement in the Jan. 6, 2021, riot at the U.S. Capitol and of plotting in 2022 to kill FBI investigators who were investigating his actions at the Capitol. In January, Kelley received a pardon from President Donald Trump for offenses "related to events that occurred at or near the United States Capitol on Jan. 6, 2021," which Kelley and his lawyer argue includes the conspiracy to murder charge. Prosecutors in the U.S. Attorney's Office for the Eastern District of Tennessee say that the pardon does not apply to the conspiracy charge and have asked a judge to rule on the matter. If the conviction is upheld, Kelley is to be sentenced May 7, facing a maximum term of life in prison, the Tennessean reports.

Lisa Findley, the Missouri woman accused of trying to auction off Graceland, has pleaded guilty to mail fraud in U.S. District Court in Memphis, according to the U.S. Attorney's Office for the Western District of Tennessee. A not guilty plea previously had been entered on her behalf. Findley was indicted last year on charges of mail fraud and identity theft, but the judge dismissed the identity theft charges as part of a plea deal with prosecutors. A sentencing hearing is set for June 19; prosecutors are recommending 57 months in prison, ABC24 reports. WPLN has a statement responding to the news from Tennessee Attorney General Jonathan Skrmetti.

People imprisoned in Tennessee may soon be able to receive books in the mail again. Last year, the Tennessee Department of Correction (TDOC) revised its policy on book deliveries, restricting who could mail books to incarcerated individuals in an effort to prevent contraband from entering prisons. Following a news report by WPLN News, the Appalachian Prison Book Project, a West Virginia-based nonprofit that serves Tennessee and five other states, was contacted by a senior TDOC official who was unaware of the change. "She had no idea," said project director Katy Welker. "And as a reader herself, she was appalled," WPLN reports. While books still may not be sent directly to prisoners, TDOC is allowing books to be sent to a designated staff member at each facility, who then will distribute them as requested. The Appalachian Prison Book Project says it is now working through a backlog of requests.

The TBA is seeking to fill vacancies on both 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. For additional information on these vacancies, including terms of service and counties included in each district, visit the TBA’s election page.

A hold order on federal funding for lawyers representing immigrant children who arrive in the U.S. without a parent has been rescinded, the Daily Memphian reports. The U.S. Department of the Interior sent a brief letter Friday notifying the Acacia Center for Justice in Washington, D.C., of the change. The center serves as the primary contractor for more than 90 nonprofits nationwide that provide legal representation to approximately 26,000 unaccompanied minors. The letter cancels a stop-work order issued last week, which would have affected hundreds of children served by organizations in the Memphis area. Those organizations should continue receiving funding to assist children who have the right to legal representation in their immigration cases.

One of the five former Memphis police officers charged in the death of Tyre Nichols was taken into federal custody last week for allegedly violating his bond conditions. Emmitt Martin III, who pleaded guilty last year for his role in Nichols’ death, turned himself in Thursday after a warrant was issued for his arrest. According to the Daily Memphian, the mother of Martin’s child filed a complaint with the federal probation office, alleging that Martin had been harassing her and their child. Federal prosecutors and Martin’s attorney agreed to a new bond restriction barring him from contacting his child’s mother except for child care-related matters. With a judge's approval, Martin was released on bond.

A federal appeals court has ruled that a lawsuit challenging workplace abortion accommodations can proceed. Tennessee Attorney General Jonathan Skrmetti and attorneys general from several other states challenged the policy, which allows workers to request time off for an abortion. A federal district judge dismissed the case in June, ruling that the states lacked standing to sue, FOX Chattanooga reports. This week, the U.S. 8th Circuit Court disagreed, allowing the case to move forward. The abortion accommodations were included in the Pregnant Workers Fairness Act, a bill passed in 2022 that grants workplace accommodations for pregnant workers and pregnancy-related medical conditions, including time off for doctor appointments, lactation support and miscarriage recovery.

The lack of attorneys available for appointed cases is contributing to the crisis in providing legal representation to indigent individuals in Tennessee. Under the current program, many attorneys cannot afford to take these cases due to low compensation and program constraints. The plan proposed by the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court addresses these challenges in a few ways, including via the use of strategic compensation structures for employing and contracting with attorneys. The plan may use a combination of retainer, flat fee and hourly or other contracts, offering more competitive and predictable compensation. Among the advantages of this approach are the elimination of caps and the ability to use predictable and intermittent payment for attorneys. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.