TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 22, 2021

The Tennessee legislature’s Joint Government Operations Committee met yesterday to discuss the recent firing of the state’s chief immunization officer and efforts to vaccinate children against COVID-19. At the center of the discussion was a statement drafted by committee co-chairs Sen. Kerry Roberts, R-Springfield, and Rep. John Ragan, R-Oak Ridge, that prior to her firing, Dr. Michelle “Shelley” Fiscus had confirmed it is not the policy of the state or county health departments to vaccinate children without parental consent. Fiscus also had detailed steps to stop marketing vaccinations to minors, according to the statement. The co-chairs also urged health departments and schools not to “bully,” “cajole” or “coerce” individuals to be vaccinated, and suggested that failing to disclose potential risks of vaccines could violate federal law. Democrats on the committee objected to the statement, Tennessee Lookout reports.

Posted by: Kate Prince on Jul 19, 2021

Twenty inmates at the Franklin County Jail in Winchester have tested positive for the COVID-19 virus, forcing the facility to revert back to old pandemic protocols, the Times Free Press reports. Franklin County Sheriff Tim Fuller said there have been no “serious symptoms” or hospitalizations from the outbreak. He said the first cases appeared among seven members of a jail work crew on Thursday and the cases grew to 20 after inmates were tested over the weekend. Law enforcement will still respond to calls, but the sheriff’s office has asked that all other business be conducted by phone or electronically. Vaccinations are not required of sheriff's office staff. Fuller said 29 of about 120 employees have been fully vaccinated.

Posted by: Stacey Shrader Joslin on Jun 30, 2021

The U.S. Supreme Court late yesterday left intact a nationwide pause on evictions put in place amid the coronavirus pandemic. The 5-4 vote rejected an emergency request from a group of landlords asking the court to effectively end the Centers for Disease Control and Prevention's (CDC) moratorium, which was recently extended through July. Chief Justice John Roberts and Justice Brett Kavanaugh joined with the court’s three liberals to keep the stay in place, The Hill reports. Kavanaugh said though he believed the CDC had exceeded its authority in enacting the moratorium, the few weeks left would allow for a “more orderly distribution” of rental assistance funds approved by Congress.

Posted by: Stacey Shrader Joslin on Jun 25, 2021

The Biden administration yesterday extended the national COVID-19 residential eviction moratorium until July 31, the AP reports. Officials said the move was intended to be the final extension. The administration also issued guidance for states and local governments to streamline distribution of emergency rental assistance funding and the Justice Department asked state courts to pursue eviction alternatives. There are at least six lawsuits challenging the authority of the ban. So far, three judges have sided with the ban and three have ruled against. All cases are currently in the appeal process.

Posted by: Stacey Shrader Joslin on Jun 24, 2021

Working Mother magazine recently named eight law firms with Tennessee offices among its 50 best firms for working mothers. They are: Baker Donelson with offices in Chattanooga, Johnson City, Knoxville, Memphis and Nashville; Bass, Berry & Sims in Knoxville, Memphis and Nashville; Constangy, Brooks, Smith & Prophete in Nashville; Epstein Becker & Green in Nashville; Jackson Lewis in Memphis; Littler in Memphis and Nashville; Ogletree Deakins in Memphis and Nashville; and Pillsbury in Nashville. In naming this year’s best firms, the magazine said one common factor stood out: all offered enhanced benefits during the pandemic that addressed the most pressing caregiving needs of women lawyers. Specific benefits included paid parental leave, in-home child care, sick child care, academic support for children, support for personal and household duties, and policies that emphasized empathy and flexibility.

Posted by: Stacey Shrader Joslin on Jun 23, 2021

The Tennessee Supreme Court has lifted almost all restrictions on in-person hearings, but it appears some civil court judges in Shelby County are holding court only a few days a week, Local Memphis reports. The news source says fewer cases are being heard and it's backing up dockets, taking months for some cases to get court dates. John Campbell, 30th District presiding judge, said it is his impression that the Supreme Court intended for courts to “get back and get your work done.” He said criminal court operations are basically back to normal but did not know what was happening in the civil courts. Civil court judges who spoke to the paper said they believe they still need to operate under a year-old reopening plan. A spokesperson for the Supreme Court said judges may fully open for business and may amend their plans at any time without approval. The only restriction still in place is a three-foot social distancing rule.

Posted by: Stacey Shrader Joslin on Jun 18, 2021

During the Tennessee Judicial Conference meeting this week in Memphis — held in conjunction with the TBA’s Annual Convention — judges from across the state paid tribute to Tennessee Supreme Chief Justice Jeff Bivins for his leadership during the COVID-19 pandemic. Since March 2020, the court has issued 10 orders related to the pandemic and has provided guidance to courts at all levels about holding remote proceedings. More recently, as the state began to open back up, Bivins reviewed reopening plans for courts in all 31 judicial districts. Bivins thanked his colleagues for the honor and a commemorative t-shirt they gave him that read, ”People, please mute your phones” — a nod to the unexpected interruptions and candid moments that occurred during remote hearings. Bivins also thanked Administrative Office of the Courts General Counsel Rachel Harmon, who fielded thousands of emails, calls and texts from judges seeking guidance on holding proceedings during the pandemic.

Posted by: Stacey Shrader Joslin on Jun 17, 2021

Earlier this week, a subcommittee of the U.S. House Judiciary Committee heard from witnesses about whether or not new legislation is needed to curb evictions during a national emergency. Among the witnesses speaking to the need for more consistent tenant protections were two from Memphis: Cindy Ettingoff, CEO of Memphis Area Legal Services, and Katy Mason Ramsey, an assistant law professor at the University of Memphis School of Law. At issue is legislation introduced by Democratic Rep. Steve Cohen, who represents Memphis. H.R. 1451, the Emergency Eviction Enforcement Act of 2021, would prevent landlords from trying to evict tenants without a court order or pressure them to vacate the property during a national emergency. Courthouse News reports on the hearing.

Posted by: Kate Prince on Jun 15, 2021
News Type: COVID-19 News

A new report from the U.S. Sentencing Commission shows that federal courts in Tennessee granted 18% of the compassionate release requests they received from federal prisoners seeking early release in 2020 due to the COVID-19 pandemic, the Tennessean reports. Most of the 336 motions for compassionate release were filed by the defendants themselves and only 61 were granted. Of the three districts in the state, Middle Tennessee released 28% of those who petitioned the court, East Tennessee released 16.6% and West Tennessee released 7.7%. Another report from the Vera Institute of Justice shows that incarceration rates in the state’s jails and prisons were down 18% in mid-2020 from where they were in late 2019. That figure dropped another 2% by spring of this year, signaling a slowing downward trend.

Posted by: Stacey Shrader Joslin on Jun 4, 2021

Pandemic rules are being lifted in courthouse across the state but the Greene County General Sessions Court plans to keep some of its COVID practices in place going forward, the Greeneville Sun reports. The court says it will continue to use Zoom and other virtual technology to handle arraignments and other appearances from the county jail. Remote proceedings also will be conducted from the Greene County Workhouse thanks to a state grant recently obtained by court. Circuit Court Clerk Chris Shepard says the county court system conducted 700 virtual arraignments and hearings last year. “COVID-19 has changed the way so many things are done … The key to safety and saving money, I believe, is looking toward the future of the judicial system, anticipate changes that may be on the way, and most importantly, have the technology and staff in place to handle whatever challenge is next,” he tells the paper.


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