TBA Law Blog


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Posted by: Azya Thornton on Dec 27, 2024
News Type: Legal News

State Rep. John Gillespie, R-Memphis, has filed a bill that would allow criminal court judges to access defendants’ juvenile court records when setting bail, the Daily Memphian reports. Shelby County District Attorney Steve Mulroy said that he has already been working with the Shelby County Juvenile Court to allow access to those records in some situations, including "violent offenses and auto theft offenses." Currently, adult criminal court judges can only access juvenile court records for defendants during sentencing, not when setting bail. 

Posted by: Azya Thornton on Dec 27, 2024
News Type: Legal News

The Chattanooga Bar Association (CBA) is seeking nominations for the next recipient of its Ralph H. Kelley Humanitarian Award. The CBA presents the award to a member of the legal profession who, in the opinion of its board of governors, has excelled in community service. Nominees must be members in good standing of the CBA or a judicial officer with a minimum of 15 years tenure in the Chattanooga legal community and a demonstrated history of performing community service that places an emphasis on social service. Nominations may be submitted by both bar members and the community at large. CBA Executive Director Lynda Hood is requesting nominations be sent to her email at lhood@chattanoogabar.org. The award will be presented at the CBA's annual meeting at The Westin Chattanooga on Feb. 12, 2025. Hamilton County Herald has more information.

Posted by: Azya Thornton on Dec 27, 2024
News Type: Legal News

The Montgomery County Veterans Treatment Court celebrated recent graduates of their Phase V Veterans Treatment Court (VTC) Program last month. Sixteen veterans and active-duty soldiers completed the program, which supports veterans with criminal justice involvement. The program provides necessary treatment and services, under judicial supervision. Tennessee Department of Mental Health and Substance Abuse Services Commissioner Marie Williams spoke at the event, addressing key issues such as youth mental health and the opioid crisis. Main Street Clarksville News has more on the event.

Posted by: Azya Thornton on Dec 27, 2024
News Type: Legal News

The Tennessee Department of Labor and Workforce Development announced yesterday that 91 of the state's 95 counties reported unemployment rates of less than 5% for November, with rates decreasing in 17 counties. Unemployment rates held steady in 30 counties, while they increased in 48 counties from October to November. According to the report, Tennessee’s seasonally adjusted unemployment rate for November was 3.5%. The rate rose two-tenths of a percentage point from the previous month, but it remains seven-tenths of a percentage point below the national rate of 4.2%.

Posted by: Stacey Shrader Joslin on Dec 27, 2024
News Type: Legal News

The NCAA admitted defeat — for now — in Vanderbilt quarterback Diego Pavia’s bid for additional eligibility. In response to an injunction handed down last week, the NCAA agreed to a waiver that grants an additional year or more of competition to all student-athletes who, like Pavia, previously spent time at a junior college and otherwise would have exhausted their NCAA eligibility this academic year. The Tennessean also reports that the NCAA submitted an appeal to the 6th Circuit Court of Appeals seeking to overturn the injunction from U.S. District Judge William L. Campbell. In that ruling, Campbell found that counting time spent at junior college against collegiate eligibility likely violates U.S. antitrust laws. The Associated Press has more on that decision.

Posted by: Stacey Shrader Joslin on Dec 26, 2024
News Type: Legal News

The U.S. Justice Department (DOJ) has found that two Tennessee agencies — the Tennessee Board of Law Examiners and the Tennessee Lawyers Assistance Program — discriminated against a lawyer who was denied his law license for nearly three years and forced to pay thousands of dollars for evaluations because he was using a medication to treat his opioid use disorder. According to NBC, the detailed public letter lays out how the organizations violated the Americans with Disabilities Act with “burdensome” actions based on “speculation and stigma” when they “forced [Derek Scott] to choose between his law license or continued treatment as prescribed as necessary by his treating physician.” Scott, who first passed the bar exam in 2021, was sworn into the Tennessee bar in January. The DOJ also found the agencies discriminated against another lawyer, identified as C.B., who had undergone addiction treatment more than 10 years before he passed the bar exam. NBC has been reporting on the stigma surrounding medication-assisted treatment. 

Posted by: Stacey Shrader Joslin on Dec 26, 2024
News Type: Legal News

President Joe Biden vetoed legislation that would have expanded U.S. trial courts for the first time in decades, despite pleas by federal judges that their courts are short staffed, Bloomberg Law reports. The legislation, known as the JUDGES Act, would have added 66 federal trial court judgeships in courts across the U.S., in stages over the next decade. In comments explaining the veto, Biden cited the U.S. House’s “hurried action” on the legislation, which he said “seeks to hastily add judgeships with just a few weeks left in the 118th Congress.” The director of the Administrative Office of the Courts criticized the veto, saying the bill was “the product of careful and detailed analysis."

Posted by: Stacey Shrader Joslin on Dec 26, 2024
News Type: Legal News

The Tennessee Board of Parole once again granted parole to a smaller percentage of people who came before it this year than the year before, continuing a trend of lengthier sentences of incarceration with fewer chances for early release. A new analysis by the Tennessean found that the board granted parole in just 22.3% of hearings in the 2023-2024 fiscal year, which ended June 30. It also held fewer hearings than the previous year. The number of prisoners granted parole in Tennessee has been declining since 2019. The board attributes the decline in part to normal fluctuation over time, saying it, “Remains committed to minimizing public risk and the prudent, orderly release of adult offenders into the community when they become parole eligible ...”. Wanda Bertram, spokesperson for the Prison Policy Initiative, says the drop is more likely explained by changing attitudes toward parole.

Posted by: Stacey Shrader Joslin on Dec 26, 2024
News Type: Legal News

A federal appeals court this week reinstated a looming deadline for businesses to comply with a new law aimed at cracking down on money laundering, Bloomberg Tax reports. The U.S. 5th Circuit on Monday lifted an injunction that had blocked enforcement of the Corporate Transparency Act, which requires an estimated 32.6 million entities to disclose who owns and controls their businesses by Jan. 1, 2025. The U.S. Treasury Department’s Financial Crimes Enforcement Network had pushed back the deadline to Jan. 13, 2025, after the injunction was imposed earlier this month.

Posted by: Stacey Shrader Joslin on Dec 26, 2024
News Type: Legal News

Nashville Judge I'Ashea Myles granted a temporary injunction Monday, stopping the Tennessee Department of Agriculture from enforcing a rule that would have drastically altered hemp sales across the state, reports WKRN. The rule was set to take effect on Dec. 26, prohibiting sales of THCA products that could convert to 0.3% or more THC, with some exceptions for licensed sellers. The injunction, granted until Feb. 18, 2025, follows a lawsuit from the Tennessee Growers Coalition, which argues the ban could harm local hemp businesses. The coalition plans to return to court in February to seek a permanent injunction, WBIR reports.


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