TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 16, 2023
News Type: Legal News

The Tennessee Department of Correction (TDOC) has released new data showing that the recidivism rate for offenders released from its facilities is now at the lowest level in more than a decade. And for the first time, the department reports that the recidivism rate has dropped below 30%. TDOC measures recidivism by criminal acts that result in rearrest, reconviction or a return to prison within a three-year period after release. Commissioner Frank Strada credits standardization of offender supervision and use of graduated sanctions, as well as the valuable work of private, nonprofit and community organizations.

Posted by: Stacey Shrader Joslin on Oct 16, 2023
News Type: Legal News

Migrant families separated at the U.S.-Mexico border under then-President Donald Trump will receive temporary legal status and other benefits, according to a summary of a settlement agreement filed today. Reuters reports that the agreement applies to some 3,900 children separated from their parents. The ACLU represented separated families in a lawsuit first filed in 2018. The agreement also bars similar separations in the future according to reports.

Posted by: Stacey Shrader Joslin on Oct 16, 2023
News Type: Legal News, Passages

Headshot of Chattanooga lawyer Max Bahner who died Oct. 13, 2023Longtime Chattanooga lawyer and former TBA President Thomas Maxfield "Max" Bahner died this past Friday at the age of 89, the Chattanooga Times Free Press reports. Bahner earned his law degree from the University of Virginia School of Law in 1960 and practiced for decades at Chambliss, Bahner & Stophel. Bahner focused his practice primarily in the area of complex litigation. He also was an American Arbitration Association (AAA) arbitrator and a Rule 31 certified mediator. He was serving as an emeritus member of the firm at the time of his death. Bahner served as TBA president from 1980-1981. He also served as president of the Chattanooga Bar Association, and for nearly 17 years as a member of the American Bar Association (ABA) House of Delegates, leading the Tennessee delegation for nine years. Service to the Tennessee judiciary included chairing the Tennessee Supreme Court's Advisory Commission on the Rules of Civil Procedure for seven years, during which time the commission wrote the Tennessee Rules of Evidence, and chairing the task force that reviewed and recommended changes to the Tennessee Rules of Judicial Conduct. Funeral services are pending. TBA President Jim Barry called Bahner's passing "a sad day for Tennessee and our profession." Read comments about Bahner's life and legacy from past TBA presidents or this profile of Bahner from 2017.

Posted by: Stacey Shrader Joslin on Oct 16, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti recently announced that 19 other states joined Tennessee in submitting a comment to the Equal Employment Opportunity Commission (EEOC) opposing a rule related to the Pregnant Workers Fairness Act (PWFA). The PWFA was passed by a bipartisan coalition of Congress to protect the rights of pregnant workers and their babies, requiring workplace accommodations for “pregnancy, childbirth, or related medical conditions." The comment opposes the rule due to the inclusion of "abortion-accommodations" language.

Posted by: Stacey Shrader Joslin on Oct 14, 2023
News Type: Legal News

Lawyers gathered in downtown Chattanooga last week for the TBA Young Lawyers Division’s Civil Rights Walking Tour CLE. Sites toured by the group included the historic third floor courtroom in the Joel W. Solomon Federal Courthouse, the Abby Crawford Milton Suffrage statue, the Ed Johnson Memorial and the site of civil rights protests at the former Woolworth Store on Market Street. The event concluded with a discussion of the future of civil rights law. Speakers included Judge Curtis Collier, former TBA President Sam Elliott, Immediate Past YLD President Brittany Faith, and Chattanooga lawyers Michael Jones, Donna Mikel and YLD Board member Claire Tuley. Last spring, the YLD held its first Civil Rights Walking Tour in Nashville. See photos from last week's event.

Posted by: Stacey Shrader Joslin on Oct 13, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti issued a statement yesterday condemning the Hamas terrorist attacks on Israel. He joined with attorneys general from 25 other states in expressing outrage over the attack and support for Israel as it defends itself. Earlier in the week, Skrmetti announced that 19 other states joined Tennessee in submitting a comment to the Equal Employment Opportunity Commission (EEOC) opposing a rule related to the Pregnant Workers Fairness Act (PWFA). The PWFA was passed by a bipartisan coalition of Congress to protect the rights of pregnant workers and their babies, requiring workplace accommodations for “pregnancy, childbirth, or related medical conditions." The comment opposes the rule due to the inclusion of "abortion-accommodations" language.

Posted by: Stacey Shrader Joslin on Oct 13, 2023
News Type: Legal News

Lawyers gathered in downtown Chattanooga today for the TBA Young Lawyers Division’s Civil Rights Walking Tour CLE. Sites toured by the group included the historic third floor courtroom in the Joel W. Solomon Federal Courthouse, the Abby Crawford Milton Suffrage statue, the Ed Johnson Memorial and the site of civil rights protests at the former Woolworth Store on Market Street. The event concluded with a discussion of the future of civil rights law. Speakers included Judge Curtis Collier, former TBA President Sam Elliott, Immediate Past YLD President Brittany Faith, and Chattanooga lawyers Michael Jones, Donna Mikel and YLD Board member Claire Tuley. Last spring, the YLD held its first Civil Rights Walking Tour in Nashville. See photos from today's event.

Posted by: Stacey Shrader Joslin on Oct 13, 2023
News Type: Legal News

The Tennessee Court of Criminal Appeals has denied an appeal by Billy Ray Turner, who was convicted in the murder of former Memphis basketball star Lorenzen Wright, Local Memphis reports. The opinion affirms the trial court’s judgement in the case, which sentenced Turner to life plus 41-years. In his appeal, Turner claimed the trial court prevented him from impeaching a witness, allowed prosecutors to ask leading questions, and allowed a “speaking objection” by the state. He also claimed that Shelby County was not the proper venue for the trial and that there was insufficient evidence for a conviction.

Posted by: Stacey Shrader Joslin on Oct 13, 2023
News Type: Legal News

Gordon Rees Scully Mansukhani, with offices in the Nashville suburbs, has rebranded as GRSM50, becoming the first law firm to add a “numerical identifier” to its name, the ABA Journal reports. According to the firm, the new moniker is meant to emphasize its presence in all 50 states. In a release announcing the name change, the firm says it is the “first and only full-service law firm” to open offices in all states.

Posted by: Stacey Shrader Joslin on Oct 13, 2023
News Type: Legal News

The Covenant School shooter's manifesto still has not been released, but the Tennessee Court of Appeals is set to hear oral arguments on Monday regarding a lower court’s decision to allow Covenant church members, school staff and parents to intervene as they try to block the writings from being released publicly. Individuals connected to the school argue that release of the writings would traumatize families and children. The National Police Association is seeking all records, emails, texts and communication about the shooter from the Metro Police Department, WCYB reports.


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