Former state Sen. Brian Kelsey’s latest attempt to avoid prison has been denied. U.S. District Judge Waverly D. Crenshaw Jr. rejected Kelsey’s emergency motion for release, stating that “he has not shown any exceptional circumstances for his release deserving of special treatment in the interests of justice,” the Daily Memphian reports. A letter from the U.S. Marshals Service states that Kelsey must report to the FCI Ashland Satellite Camp in Kentucky by Monday to begin his 21-month sentence. His latest attempt to remain free was based on claims of ineffective legal counsel and alleged government misconduct. Last month, the U.S. Supreme Court declined to review his conviction and sentencing for campaign fraud.

At least three people have been unexpectedly detained in Nashville during routine check-ins with Immigration and Customs Enforcement since President Donald Trump took office last month, despite having no criminal record, the Nashville Banner reports. Many of those detained were previously considered low-priority for deportation, including individuals with humanitarian reasons for staying in the U.S. While ICE check-ins are a routine part of the immigration process, confusion over court dates and appointments can lead to missed check-ins and removal orders. Although ICE claims to target individuals with criminal records, advocates argue that many detained individuals have no such history. Legal aid for these types of cases remains limited in Tennessee, with only a handful of attorneys specializing in detention cases.

The Law School Survey of Student Engagement’s annual report found that law students are more diverse, increasingly engaged and better prepared than ever, analyzing data trends in legal education from 2004 to 2024. According to the National Jurist, students of color now make up 32% of respondents, up from 17% in 2004. Women account for 60% of law students, compared to 51% in 2004, while LGBTQ+ representation has grown from 4% in 2009 to 17% today. The report also found that over the past two decades, roughly 80% of law students have consistently rated their overall law school experience as good or excellent.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to develop a new structure for handling criminal conflicts and civil appointments for indigent clients. Under the plan, the Tennessee Supreme Court would establish an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” These entities would provide and manage appointed counsel for individuals who are constitutionally and statutorily entitled to representation. The office would manage an estimated 76,000 cases each year. In developing this plan, the Supreme Court and AOC consulted with legislative leadership and other stakeholders, and examined best practices from other jurisdictions. The Supreme Court and the TBA believe that this new structure will better address the impending crisis in the administration of justice in Tennessee and will also relieve trial judges of the burden of appointing attorneys on their own. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in a series of articles to run in TBA Today.

Tens of thousands of immigrant children who arrived in the United States without a parent could lose legal representation after federal funding was abruptly put on hold this week, the Daily Memphian reports. Casey Bryant, executive director of Memphis’ Advocates of Immigrant Rights, tells the paper that no one knows how long the stop-work order will last or if funding will eventually resume. The group says it has 200 active cases with minors in Tennessee, Arkansas and Northern Mississippi. Another group, Latino Memphis, has a caseload of 126. Both groups say they will find alternative sources of funding to continue their work. “We’ll figure out how we find the money to do this … we have to keep going. We cannot let these children be hanging out there,” said Latino Memphis Executive Director Mauricio Calvo.

The public has lost the ability to peruse Davidson County Criminal cases as the only mechanism for doing so — two publicly accessible computers at the court — have been removed. The Nashville Banner reports that the court removed the computers because confidential personal information was being entered into the system. “We’re doing that out of an abundance of caution,” Chief Deputy Criminal Court Clerk Julius Sloss said. Those seeking affidavits, legal filings or judicial orders now must make targeted requests for records. The Tennessee Coalition for Open Government Executive Director Deborah Fisher says that is a problem. “The public has a huge interest in the justice system and journalists, who report for the public, have an interest in being able to have access to the system,” she said.

Legal officials in Tennessee are adjusting to a new law that will lengthen sentences for some children convicted of crimes, the Tennessean reports. “Blended sentencing,” which took effect at the start of the year, allows prosecutors to try some youth as “serious youth offenders” who can be given both juvenile and adult sentences. The adult sentence is paused until the child turns 19, when it can be imposed or revoked depending on a handful of criteria. Supporters of blended sentencing argue it closes loopholes that enabled juveniles to commit serious, violent offenses. Opponents say it weakens judicial discretion and hurts children who are not well served by blanket requirements for longer sentences. Nashville Juvenile Court Judge Sheila Calloway talked with the paper about the new law and the challenges she sees with its implementation.

Rob McGuire inherited the role of acting U.S. attorney for the Middle District of Tennessee through a series of events he says he never anticipated. Henry Leventis, who led the office for nearly two years, announced last September that he would resign ahead of the presidential election. Tom Jaworski took over as the district’s acting U.S. attorney and asked McGuire to be his deputy. A few months later, Jaworski announced his own departure and McGuire took the helm of the office. “Here I am, kind of the accidental acting U.S. attorney,” McGuire told the Nashville Banner. But he has no plans to remain in the role. McGuire says he wants to get back to spending more of his time in the courtroom. “If you are a presidentially appointed, Senate-confirmed U.S. attorney, it’s a four-year term, it’s at the pleasure of the president, and then when it’s over, you have to leave the Department of Justice. I don’t want to leave the Department of Justice.”

Judges continue to rule on Biden administration policies. Last week, a federal judge in Texas allowed a rule to take effect that permits retirement plans to consider “Environmental, Social and Governance” (ESG) factors as a “tie breaker” between equally valid options when making investment decisions. The decision came after the 5th U.S. Circuit Court of Appeals sent the case back to the trial court with instructions to consider the impact of the U.S. Supreme Court’s ruling overturning the Chevron doctrine. National Law Review has more on the decision. Tennessee Attorney General Jonathan Skrmetti, in partnership with 24 other state attorneys general, had sued over the rule in 2023. In another case, a federal rule barring discrimination based on sexual orientation and gender identity in federally funded schools was struck down. The judge in that case said the Education Department exceeded its authority when it crafted the rule interpreting Title IX. Bloomberg Law reports on that finding. Skrmetti had sued over that rule as well. Finally, the 8th U.S. Circuit Court of Appeals has blocked Biden's student debt relief plan, Reuters reports.

Tennessee Attorney General Jonathan Skrmetti this week led a 38-state and territory bipartisan coalition requesting that the Food and Drug Administration (FDA) take swift action against bad actors who are endangering consumers with counterfeit and unsafe forms of the GLP-1 weight loss and diabetes drugs Ozempic, Wegovy, Mounjaro and Zepbound. The group is asking the FDA to lead efforts to safeguard the American supply chain and to work with other federal and state agencies to stop bad actors from producing counterfeit drugs. Read more in a news release from the attorney general office, read the full letter or view Tennessee’s GLP-1 warning.