Two open positions on the TBA Board of Governors will be filled by the body when it convenes on June 14 at the TBA Annual Convention in Memphis. During its spring meeting this past weekend, the board declared the vacancies in accordance with Article 47 of the TBA Bylaws. The openings are for a West Tennessee Grand Division Governor and a Middle Tennessee Grand Division Governor, each of which will serve a one-year term. To be considered for either position, email TBA Executive Director Sheree Wright with your interest by June 1. Please include a resume with your submission as well as any other information you would like the Board of Governors to consider.

Gov. Bill Lee has signed three bills into law in the last few days. HB2124/SB2576 requires local police to work with ICE whenever an undocumented person is detained. The Associated Press reports on that measure. HB2169/SB1738 prevents the Department of Children’s Services from requiring foster parents to support LGBT rights, meaning the parents in question do not have to accept a child’s sexual orientation or gender identity to become the caregiver. Courthouse News has more on that bill. Finally, HB1726/SB2359 prohibits the Department of Children’s Services from requiring an immunization for foster parents. Before this change the families had to be vaccinated against the flu and whooping cough in an effort to protect medically fragile children, according to The Nashville Scene.

In honor of Help4TN month, the Tennessee Administrative Office of the Courts (AOC) has released a new podcast episode focused on the Tennessee Justice Bus. Tune in to hear a discussion about the mobile legal law office bringing legal help to rural communities. Participants include Justice Elizabeth "Beth" D. Walker of the West Virginia Supreme Court of Appeals, Arkansas Supreme Court Justice Rhonda K. Wood, Tennessee Supreme Court Justice Jeff Bivins and Anne-Lousie Wirthlin, director of access to justice and strategic development at the AOC.

A U.S. judicial panel has endorsed a proposed rule that would, for the first time, govern federal mass torts cases. The rule, unanimously approved by the U.S. Judicial Conference's Advisory Committee on Civil Rules, aims to give judges overseeing federal multidistrict litigation (MDLs) guidance on how to conduct early case management when they are tasked with overseeing hundreds or thousands of lawsuits. Data shows that MDLs have grown significantly in recent years and comprised 71.3% of the federal civil caseload at the end of last fiscal year. The rule now goes to the Judicial Conference's Committee on Rules of Practice and Procedure Meeting for further approval, Reuters reports.

Some Nashville defense attorneys are challenging the competency of longtime Criminal Court Judge Cheryl Blackburn nearly three years after she suffered a stroke, the Nashville Banner reports. The motions, most of which have been filed under seal, reportedly question Blackburn’s ability to oversee serious criminal cases. One motion has been filed publicly. It came this week in a felony assault case. Blackburn has served on the court since 1996. She previously worked at the Davidson County District Attorney’s Office and the Tennessee Department of Mental Health. She holds a master’s degree in clinical psychology and law degree.

The American Bar Association (ABA) has launched two new task forces aimed at ensuring independence in the defense and prosecution of criminal cases. The Task Force for Public Defense Independence has been created in conjunction with the ABA Criminal Justice Section and Standing Committee on Legal Aid and Indigent Defense, as well as the National Association for Public Defense. See the full list of task force and advisory board members. The ABA also has created the Task Force for Prosecutorial Independence. Members of this group include Vanderbilt University Law School Criminal Justice Program Director Christopher Slobogin. The task force will be assisted by an advisory board composed of national leaders, including former U.S. Attorney General Alberto R. Gonzales, now dean of the Belmont University College of Law, and former Tennessee and federal judge Bernice B. Donald. See the full list of advisory board members. The groups are tasked with preserving and strengthening defense and prosecutorial independence, respectively, and enhancing public understanding of how that independence is critical to the integrity of the criminal justice system.

Tennessee Attorney General Jonathan Skrmetti has joined a multistate lawsuit against Mariner Finance over widespread violations of multiple consumer protection laws. The suit alleges that Mariner Finance charged consumers for hidden add-on products that consumers were not fully informed about or, in some instances, did not agree to buy. It also alleges the company engaged in illegal, aggressive sales tactics to extend credit to new borrowers.  Also this week, the AG’s Division of Consumer Affairs released a warning about tax return scams. The agency reminds Tennesseans to be wary of offers related to tax returns, including messages that an unclaimed refund is available, that a mistake was made on a return or that financial services are needed to settle tax debts with the IRS. Consumers may report scams to the Federal Trade Commission at ReportFraud.FTC.gov and unsolicited texts or emails claiming to be from the IRS to phishing@irs.gov.

TBA’s Legislative Updates podcast is new this week with TBA attorneys and lobbyists, Berkley Schwarz with Pier Strategies LLC, and Brad Lampley and Ashley Harbin with Adams and Reese. This week they discuss the finalizing of this year's fiscal budget, HB2973/SB2942; the TBA conservatorship bill, HB2710/SB2254; adoption birth certificate bill, HB2645/SB2632; and adoption clean-up bill, HB2644/SB2633. The group also foreshadows budget negotiations set to happen this weekend, House and Senate Finance committee meetings likely to take place next week, and possible adjournment the week of April 22. The group is continuing to track any movement on increased funding for indigent representation and expressed appreciation for all the outreach TBA members have undertaken to educate elected officials about this critical issue. 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.

A list of those who passed the February 2024 Tennessee bar exam is now available. Those who meet all licensing requirements will be sworn in at events across the state during the week of June 3. The Tennessee Supreme Court released the schedule yesterday. The court will meet on June 3 at 9 a.m. in Memphis and 1:30 p.m. CDT in Jackson; June 4 at 9 a.m. EDT in Knoxville and 2 p.m. CDT in Nashville; June 5 at 10 a.m. and 2 p.m. CDT virtually; and June 6 at 10 a.m. and 2 p.m. CDT virtually.

The Board of Law Examiners also released statistics about the February 2024 bar exam. According to the board, 262 individuals — 108 first time test takers and 154 repeaters — took the exam. They represent 74 different law schools and saw an overall pass rate of 40.1%. For first time test-takers at Tennessee law schools, the University of Tennessee College of Law and Vanderbilt University Law School saw a 100% pass rate, followed by Belmont University College of Law at 66.7%, Lincoln Memorial University Duncan School of Law at 40%. Nashville School of Law at 35.7% and University of Memphis School of Law at 33.3%. See all statistical information from the exam.

Families of three children and three adults killed in last year’s Covenant School shooting have filed an ethics complaint against Senate Judiciary Committee Chair Todd Gardenhire, R-Chattanooga. The complaint charges the lawmaker is violating Senate ethics rules by being part of a lawsuit seeking release of the shooter’s writings while pushing a bill, SB2105, to block third parties from intervening in public record lawsuits. The bill passed unanimously through the Senate and is now on the House's agenda. Since June, a legal battle has been ongoing over release of the shooter’s journal. Nashville police and the families of the Covenant victims have tried to prevent the journal’s release, while Gardenhire and several media outlets have petitioned to have it released. The Nashville Banner has more.