The U.S. Sentencing Commission has voted unanimously to curtail the ability of judges to impose longer sentences on criminal defendants based on conduct for which they were acquitted at trial. The move, according to Reuters, follows calls by members of Congress and defense lawyers to do away with the ability of federal judges to sentence defendants for "acquitted conduct," a practice critics called unjust. The U.S. Supreme Court last year sidestepped the question of whether the practice was unconstitutional, with several justices saying they would wait for the Sentencing Commission to first decide whether to address the issue.

The U.S. District Court for the Middle District of Tennessee ruled last week that Tennessee election officials cannot deny voter registration to eligible Tennesseans who have past felony convictions, and that they must inform potential voters of eligibility requirements for voting after a felony. The decision came in the case of NAACP, et al. v. William Lee, et al. The Campaign Legal Center, Free Hearts and Baker Donelson represented voters in the suit. The groups argued that many Tennesseans with a felony conviction never lost the right to vote, or since have had those rights restored, but continue to be treated as those who lost their rights. They also argued that Tennessee’s voter registration form misinformed potential voters on the law. According to the group, Tennessee has the second-largest disenfranchised population in the country and the highest rate of Black disenfranchisement in the country. Read the court’s decision or more from the Campaign Legal Center.

The Tennessee Supreme Court has announced that starting in July 2027, law school graduates applying to become licensed attorneys in Tennessee will take the “NextGen Bar Exam” rather than the Uniform Bar Examination (UBE), which has been used in Tennessee since 2019. According to a news release from the court, Tennessee joins 16 other jurisdictions in announcing plans to adopt the new exam, which will focus on a broad range of foundational skills, using a set of clearly identified legal concepts and principles required for the competent practice of law.

Justice Jeff Bivins, the court’s liaison to the Tennessee Board of Law Examiners, said of the decision: “The NextGen exam furthers our goal of ensuring that new attorneys in Tennessee have the knowledge and skills to meet their clients’ legal needs. It also helps ensure that Tennessee remains part of a broad group of jurisdictions supporting lawyer mobility by offering portable bar exam scores that can be used for admission elsewhere.” The move in Tennessee and elsewhere comes after the National Conference of Bar Examiners launched a comprehensive review of the UBE in 2018, holding listening sessions with more than 400 stakeholders and conducing a nationwide practice analysis with nearly 15,000 lawyers.

The Tennessee Access to Justice (ATJ) Commission will host a virtual summer law student fellows program to connect students with pro bono opportunities. The A2J Summer Law Student Fellows Program will kick off May 20 and run through July 26. Law students interested in participating can learn more here or sign up here. The commission also is looking for legal organizations to host fellows. To express interest in that opportunity, please fill out this form. Questions about the program can be directed to Anne-Louise Wirthlin at the Administrative Office of the Courts Access to Justice Team. View a handout geared to students or a handout geared to hosting organizations.

Reporters from across the state gathered in Nashville to learn about copyright law, investigative journalism, open records law and more during the annual Reporters Workshop program, produced jointly by the Tennessee Bar Association and the Tennessee Association of Broadcasters. Participants were selected from a number of applicants who were interested in developing a deeper understanding of media law issues that affect their everyday work, including access to government information, defamation and privacy concerns in reporting and other timely topics. Panelists included veteran reporters Phil Williams with News Channel 5 in Nashville and Meribah Knight with Nashville Public Radio; copyright attorneys Keane Barger and Tim Warnock with the Nashville office of Loeb & Loeb; and legal media experts Paul McAdoo with the Reporters Committee for Freedom of the Press and Deborah Fisher, executive director at the Tennessee Coalition for Open Government. The program continues tomorrow.

TBA’s Legislative Updates weekly podcast is now available. Join TBA attorneys and lobbyists Brad Lampley and Ashley Harbin with Adams and Reese as they provide an update on indigent representation funding; the TBA's adoption birth certificate bill, HB2645/SB2632, and adoption clean-up bill, HB2644/SB2633; what to expect next week; and the upcoming adjournment. Legislative Updates airs each week the legislature is in session on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

More than a third of U.S. law school deans say they oppose an American Bar Association (ABA) proposal that would require greater uniformity across courses, Reuters reports. The group, which included Vanderbilt University Law School Dean Chris Guthrie, argues that the ABA is unnecessarily tightening its grip on law schools and constraining legal educators' freedom in the classroom. “It is unclear why the ABA needs to micromanage law school curricula to such a degree,” the deans wrote in a public comment. Supporters of the proposal argue that more conformity among required classes and the adoption of learning goals for each course would benefit students. Guthrie also signed a separate comment with three other deans.

American Bar Association (ABA) President Mary Smith recently spoke out about threats against judges. In a statement, she notes that serious threats against judges have doubled since 2019, with 457 serious threats targeting federal judges across the country in 2023. Often, these involve threats of physical harm or death, not only to the judges, but also to their families and staff, she says. She calls on lawyers across the country to defend judges and courts that are unjustly criticized as well as teach fellow Americans how to take appropriate actions should they disagree with court opinions. “As lawyers, we have a unique duty to lead our nation in the protection of our judges, the rule of law and American democracy. The time has come to rededicate ourselves to our obligations,” she concludes.

Nashville-based law firm Sherrard Roe Voigt & Harbison PLC is moving to its location as of Monday. The firm’s new address will be 1600 West End Ave., Ste. 1750, Nashville, TN 37203. All phone numbers and email addresses will remain the same. The firm announced its intention to move in March 2023. It is relocating to Broadwest, a new urban mixed-use community combining office space, condominiums, a hotel and retail space. Three other law firms have made the move to that space: Adams and Reese, Baker Donelson and Barnes & Thornburg.

The U.S. Attorney’s Office for the Western District of Tennessee will join communities nationwide in observing National Crime Victims’ Rights Week and celebrating victims’ rights, protections and services April 21-27. This year’s theme — “How would you help? Options, services and hope for crime survivors” — aims to ensure that everyone knows where and how crime victims and survivors can find help — including friends, family members, colleagues, neighbors, service providers or other trusted community members. Read more about the office’s support for victims of crime in a news release.