The American Bar Association (ABA) has released its annual Profile of the Legal Profession with a new chapter focused on women in the law. The report shows that women are increasingly dominating the legal field, particularly in law school enrollment and associate positions. According to a press release, 41% of all U.S. lawyers are women while 56.2% of law school students are women. The report also shows that men still hold a majority of leadership roles in law firms and on the bench. Finally, the report highlights the growing diversity of the legal profession with a significant increase in lawyers of color over the past decade.

The National Labor Relations Board’s (NLRB) enforcement power is being challenged in lawsuits by a range of companies. Suits from SpaceX and Amazon.com were before the U.S. 5th Circuit Court of Appeals this week. The suits allege that NLRB members appointed by the president are improperly shielded from being removed at will by the White House, and that the agency's administrative process violates constitutional guarantees of separation of powers and the right to a jury trial. SpaceX also argues that the president should be able to fire administrative judges who hear board cases at will. According to Reuters, rulings in these cases could potentially set up review by the U.S. Supreme Court.

U.S. Sens. Marsha Blackburn and Bill Hagerty are accepting applications from candidates interested in an appointment as U.S. district judge for the Western District of Tennessee, or U.S. attorney for each of Tennessee's three grand divisions. Those interested in any of the positions should download and complete the appropriate application, all of which are available from both senators' websites. Access the district judge application or U.S. attorney application from Blackburn's site or all applications from Hagerty's website. Completed applications and a current resume should be submitted by email to both offices at appointments@blackburn.senate.gov and appointments@hagerty.senate.gov. Questions about the process also may be sent to both email addresses.

The Office of Gov. Bill Lee is accepting applications to fill an upcoming vacancy in the position of public defender for the First Judicial District. The vacancy is due to the retirement of Jeffery C. Kelly, which will occur on Feb. 28, 2025. To qualify for the office, applicants must be licensed Tennessee attorneys and be residents of the state for at least five years and of the judicial district for at least one year. The district includes Carter, Johnson, Unicoi and Washington counties. Attorneys interested in being considered should submit a resume and cover letter by mail to Erin Merrick, chief counsel to the governor, State Capitol, First Floor, 600 Dr. Martin Luther King Jr. Blvd., Nashville, TN 37243, or by email to Katelin.Brown@tn.gov by 5 p.m. CST on Dec. 2. The individual selected will serve until the next biennial election in August 2026.

The four officers who faced federal charges in the death of Tyre Nichols last month now have a trial date for the state criminal case, the Commercial Appeal reports. The state case against Tadarrius Bean, Demetrius Haley, Emmitt Martin III and Justin Smith Jr. will begin April 28, 2025. Before then a number of motions will need to be worked out. One of those motions, which would sever the defendants and allow them to be tried individually, will be heard Nov. 25. The federal case, which charged the officers with civil rights violations, ended in early October.

A Virginia-based nonprofit has filed a federal lawsuit challenging the racial requirements for appointments to key medical boards in Tennessee. The lawsuit, filed earlier this month by Do No Harm, targets the state's Board of Medical Examiners and Board of Chiropractic Examiners. The medical examiners board mandates that the governor appoint at least one Black member, while the chiropractic board requires at least one racial minority member. Do No Harm and attorneys from the Pacific Legal Foundation argue that individuals have been denied appointments because they were not from a minority group. The lawsuit names Gov. Bill Lee as the defendant, citing his role in overseeing state board appointments. The Hamilton County Herald reports on the issue.

Two Memphis advocacy groups have filed an amicus brief in support of a lawsuit against a bail law that passed during last year's legislative session. The suit, filed earlier this year by the ACLU of Tennessee and Memphis advocacy group Just City, alleges that the law — which prevents judges from considering an individual's financial condition when setting bail — violates the constitution. Stand for Children Tennessee and the Official Black Lives Matter Memphis Chapter filed the brief on last week, according to the Commercial Appeal. The state law reportedly was designed to target Shelby County's standing bail order, which was established in 2022 after several organizations threatened to sue for unconstitutional bail practice.

Collierville Municipal Court Judge Lee Ann Pafford Dobson today ruled that a case involving the shooting death of a Collierville orthopedic doctor will proceed to a grand jury after finding probable cause the defendant committed the crime. The Daily Memphian reports that Larry Pickens is charged with first-degree murder and aggravated assault of Dr. Benjamin Mauck in July 2023. If the grand jury indicts Pickens, the case will then go to the Shelby County Criminal Court for trial. A new state law named after Mauck mandates a minimum sentence of 30 days in jail and a $5,000 fine for misdemeanor assaults within health care facilities. An older law states officers cannot make arrests for misdemeanor assaults unless they witness the incident and must issue a warrant instead. The conflict between the two laws is raising questions about how to resolve differences.

Tennessee's 114th General Assembly will convene on Jan. 14, 2025, and TBA’s Government Affairs team is committed to affecting positive change on behalf of Tennessee attorneys. The best way for TBA members to connect with these efforts is through our Grassroots Advocacy Initiative, a network of engaged lawyers, interested in and informed about issues relevant to the practice of law in our state. Please complete this form if you are interested in learning more about TBA's grassroots efforts, including opportunities to advocate, like TBA's 2025 Day on the Hill and Big Shrimp Legislative Reception. Both events will be held March 19, 2025 in Nashville, providing an opportunity to meet with legislators and talk to them about issues important to the profession. Increased resources for indigent representation remains a priority for TBA. Look for another article in our Indigent Representation Primer in Friday's TBA Today.

The TBA Young Lawyers Division (YLD) has selected members for the 2025 Diversity Leadership Institute (DLI) class. This year's invited participants represent law school students from across the state. Congratulations to Samantha McCrory and Mary Martha Willson from Belmont University College of Law; Rebekah Ballard, Shana Singleton and Sharon Strahan from Lincoln Memorial University Duncan School of Law; Ilse Bloss from Nashville School of Law; Divine Dent from University of Memphis Cecil C. Humphreys School of Law; and Shery Girgis and Fady Megaly from Vanderbilt University Law School. The class will have its first meeting in January. Read more about the program and how to get involved as a mentor or speaker.