TBA Law Blog


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Posted by: Julia Wilburn on Feb 28, 2024

Tennessee House of Representatives Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, each appointed five-member committees to consider removing Shelby County Criminal Court Division 9 Judge Melissa Boyd, which the Board of Judicial Conduct recommended in a Jan. 26 letter to the leaders. The Daily Memphian reports that removal is not an impeachment, which would begin with a vote by the House and proceed with a trial in the Senate. She would be removed with two-thirds votes by both the House and the Senate, but she would not be banned from running for reelection. Impeachment and conviction would prohibit her from running for office again with a two-thirds vote by the Senate.

Posted by: Julia Wilburn on Feb 28, 2024
News Type: Legal News

Jason Autry, a key witness whose testimony helped convict Zachary Adams of Holly Bobo's murder in 2017, is now recanting his testimony. The Associated Press reports that Autry’s reversal was revealed in two petitions seeking post-conviction relief filed by Adams’ lawyer in Hardin County, where the trial took place. Adams, 39, wants his conviction thrown out based on Autry’s latest statements.

Posted by: Julia Wilburn on Feb 28, 2024
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has released a formal opinion that provides guidance on how disqualification rules apply to both current and former government lawyers' representation of private clients under the ABA Model Rules of Professional Conduct. Formal Opinion 509 interprets Model Rule 1.11, which relates to the conflict-of-interest provisions covering confidential government information. The opinion states that the rule continues to apply "regardless of whether the lawyer seeking to represent the private client has now left government employ or office or maintains a private law practice (e.g., a part-time practice) while still in government employ or office."

Posted by: Paul Burch on Feb 27, 2024
News Type: Legal News

Attorney General Jonathan Skrmetti joined a coalition of state attorneys general this week in a legal brief arguing that Texas has a right to defend itself against invasion. The coalition of 24 state attorneys general, led by Kansas, filed the amicus brief in the Fifth Circuit Court of Appeals late last week. The attorneys general argue that the federal government has lost operational control of the southern border, and that Texas has a right to protect its citizens by constructing barriers along the border it shares with Mexico. Read the full press release.

Posted by: Laura Labenberg on Feb 27, 2024
News Type: Legal News

The TBA YLD held an Essential Documents for Essential Workers (EDEW) clinic on Feb. 24. Volunteer attorneys and Belmont law students drafted wills, powers of attorney and advanced health care directives for low income clients, providing a total of $16,000 in free legal services. See a photo from the event.

Posted by: Paul Burch on Feb 27, 2024
News Type: Legal News

The State Bar of California yesterday warned that its general fund will become insolvent in 2025 without an attorney licensing fee increase, reports Reuters. Next year, California's 250,000 attorneys will pay an additional $114 a year on top of the current $404 annual licensing fee to cover an expected $24 million deficit in the state bar’s core functions, bar staff told the organization's board of trustees. The fees will go towards technology and up to 77 new staff positions to investigate attorney complaints. Last April, the auditor of the State of California identified growing financial shortfalls at the largest mandatory state bar association in the U.S. and concluded the organization should do more long-range financial planning.

Posted by: Paul Burch on Feb 27, 2024
News Type: Legal News

The Tennessee Comptroller's Office is sending a team to Shelby County to "perform the necessary reconciliations and reporting the clerk's office has failed to accurately provide despite repeated requests," reports the Commercial Appeal. The move comes after County Trustee Regina Newman told commissioners she will be un-posting revenue reports from County Clerk Wanda Halbert's office because of incorrect reports. "The evidence of incompetence and willful neglect by management in the Shelby County Clerk's Office is overwhelming," said Comptroller of the Treasury Jason E. Mumpower. The inaccurate revenue reports have resulted in the county’s delinquency on payments to public schools and not knowing if wheel tax revenues are being met as forecasted.

Posted by: Paul Burch on Feb 27, 2024
News Type: Legal News

The U.S. Judicial Conference's Committee on Codes of Conduct on Monday revised an earlier advisory opinion to strengthen requirements governing recusals by judges involving parent-subsidiary relationships between companies, reports Reuters. A federal judge who invests in a company or mutual fund that owns a 10% stake of a party in a lawsuit may still have to be recused from presiding over the case, according to a new judicial ethics opinion. The stricter standards come after a 2021 Wall Street Journal report documented over 130 federal judges who failed to recuse themselves from cases involving companies in which they owned stock. The report prompted Congress to pass bipartisan legislation imposing tougher disclosure requirements for U.S. Supreme Court justices and federal judges regarding their financial holdings.

Posted by: Paul Burch on Feb 27, 2024
News Type: Legal News

Metro Nashville Finance Director Kevin Crumbo announced that $2 million earmarked for Nashville arts organizations is in jeopardy due to the mismanagement of the department budget. The Nashville Banner reports that Crumbo emphasized that monies paid to consultants and contractors are the greatest sources of concern: “One of the root causes of the internal audit review … are the reports of multiple [Metro Arts] employees who have alleged excess spending … and behaviors at the highest level of management that may violate Metro’s policies governing workplace conduct.” An internal report examining allegations of discrimination is due for release March 4.

Posted by: Julia Wilburn on Feb 26, 2024
News Type: Legal News

A University of Memphis Law School Duberstein Bankruptcy Team of Alexandra Nabity, Carson Klepzig and Alton Smith won the Sixth Circuit's Shapero Cup Regional Duberstein Competition. Nabity also won the award for Best Oral Advocate. They will go on to compete in New York at the National Duberstein Competition. A second team consisting of Elizabeth Hunt, Tarik Terry and Olivia Cox made it to the semifinal round. See photos from the event. Additionally, the law school's Trial Law Team made it to the final round of regionals at the National Trial Competition in Birmingham. That team consists of Peyton Barrow, Annika Rush, Kelsey McClain, Cody Tolbert, Ciana Charity and Mary Cano. See photos from the event.


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