TBA Law Blog


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Posted by: Paul Burch on Jun 28, 2023

Attorneys for the Tennessee Office of Legislative Administration stated in a Davidson County Chancery Court filing last week they believe state public records laws don’t apply to the legislative body, reports the Chattanooga Times Free Press. In addition, the attorneys argue it would violate the separation of government powers for a court to compel them to release documents related to their ongoing investigation into sexual harassment allegations against former Republican Rep. Scotty Campbell. The statements were made in response to a lawsuit by Brian Manookian, who is seeking public records related to the ethics investigations and personal schedules of top House officials.

Posted by: Paul Burch on Jun 28, 2023
News Type: Legal News

The Florida Board of Bar Examiners say the state will not use the new version of the bar exam when it debuts in July 2026, reports Reuters. The test is currently being revamped by the National Conference of Bar Examiners. Florida is the fourth-largest bar exam jurisdiction in the U.S. behind New York, California and Texas. Nearly 2,800 law graduates took the exam in Florida in July 2022. The National Conference has said that it will offer jurisdictions a choice between the current Uniform Bar Exam and the NextGen Bar exam in 2026. But within two years, states will have to choose between the NextGen Bar exam or some other form of the test.

Posted by: Stacey Shrader Joslin on Jun 27, 2023
News Type: Legal News

The Daily Memphian recently launched a series of reports on local residents’ perceptions of crime and public safety. Each installment is based on results from a public safety poll it commissioned. Daily Memphian CEO Eric Barnes writes in an introduction that survey results must be a “wake-up call for Memphis” to address the lack of accountability, transparency and trust in the local criminal justice system. The first installment, published Thursday, looked at thoughts on local crime and desire for more police. Friday’s piece looked at the range of area support for gun reform while Saturday’s issue explored the problem of speeding. On Sunday, the paper looked at how residents feel about their city. Monday’s installment carried reaction to the poll from Mayor Jim Strickland and the eight candidates running for mayor. Today, the series wrapped up with a look at how perceptions compare to actual crime data.

Posted by: Barry Kolar on Jun 27, 2023
News Type: Legal News

The 2023 edition of the Tennessee Rules of Professional Conduct is now available from the Tennessee Bar Association. This handy, pocket-sized edition of the Rules features convenient indexes and finding aids and was produced through the efforts of the TBA's Standing Committee on Ethics and Professional Responsibility. It is the first update since the 2018 edition and includes all amendments as of and through Nov. 30, 2022. It is available for purchase in a spiral-bound format for $40 or free in PDF format.

Posted by: Paul Burch on Jun 27, 2023
News Type: Legal News

The Court of Criminal Appeals has unanimously elected Judge Camille R. McMullen as its presiding judge. McMullen was appointed to the court by former Gov. Phil Bredesen in 2008. She is the first woman and the first African-American to lead the 12-member appellate court. McMullen succeeds Judge Curwood Witt of Knoxville. The presiding judge is elected by the members of the court and is tasked with managing the court’s docket, case assignments, meetings, committees and overall leadership.

Posted by: Paul Burch on Jun 27, 2023
News Type: Legal News

The FAA has informed Metro Nashville and the state of Tennessee that it will continue to recognize the current airport board until the Davidson County Chancery Court makes a ruling on a pending lawsuit that challenges a new state plan for the board, reports Axios. In June, Metro Nashville sued after state lawmakers voted to vacate the mayor-appointed airport board and create a new system by which the governor and Republican legislative leaders appoint six of the eight board members. In the suit, the city argues the law violates the state constitution’s prohibitions of legislation targeting one local government.

Posted by: Paul Burch on Jun 27, 2023
News Type: Legal News, Upcoming

The investiture ceremony for U.S. Bankruptcy Judge Rachel Ralston Mancl will be held Sept. 29 at 1:30 p.m. EDT, with a reception to follow. Details will be updated closer to the event. Mancl was sworn in at a private ceremony in April 2022. She succeeds Chief Judge Shelley D. Rucker who had been the acting bankruptcy judge in Greeneville since former Chief Bankruptcy Judge Marcia Phillips Parsons retired in September 2020.

Posted by: Stacey Shrader Joslin on Jun 26, 2023
News Type: Legal News

More contraband believed to be connected to criminal justice advocate Alex Friedmann — who hid weapons inside the walls of the Downtown Detention Center while it was under construction — was recently discovered in the center, the Tennessean reports. The latest discovery comes more than six months after Friedmann was sentenced to 40 years in prison for felony vandalism in connection to the weapons. Employees found the additional items in a mechanical room in a non-secure area of the jail. The packages, found in the room’s ductwork, included a uniform, $100 cash and a pair of black shoes, one of which had a handcuff key hidden in the sole.

Posted by: Stacey Shrader Joslin on Jun 26, 2023
News Type: Legal News

The Tennessee Innocence Project will open a new office in Memphis in September, the Daily Memphian reports. The nonprofit organization, headquartered in Nashville, also has hired two new employees to assist with Memphis cases. Gordon Pera will serve as a staff attorney of the new office while Katie Hagan will serve as senior legal counsel. Pera, a former Shelby County public defender, previously represented indigent clients. Hagan, a Nashville native, has practiced criminal law for 20 years. Previously, she worked at the Nashville District Attorney’s Office and was a partner at Hagan & Todd Law Offices. She will be based in Nashville. Tennessee Innocence Project executive director and lead counsel Jessica Van Dyke said the organization is thrilled to bring its mission to Memphis and “fight for justice and exoneration alongside the Memphis community.”

Posted by: Stacey Shrader Joslin on Jun 26, 2023

It was not long ago that North Carolina had the highest personal and corporate income tax rates in the Southeastern United States, but state legislators have been systematically cutting business and individual taxes, Forbes reports. This year, legislators turned their attention to the professional privilege tax, with the state House passing a budget that repeals the tax. The final budget is being negotiated but if the tax is repealed in the Tar Heel state, Tennessee would be among just five states that still levy a privilege tax. Tennessee House Majority Leader William Lamberth tells Forbes that state leaders agree with the goal of completely doing away with the tax but are moving judiciously. "It should never have been put in to begin with and on every single profession," he said. Jim Brown, NFIB state director in Tennessee, tells the magazine that “No one should be taxed just to go to work” and that “Paying the state $400 a year is a burden on many and frankly an insult” for those who “take care of the needs of so many Tennesseans.”


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