The Tennessee Supreme Court recently held virtual SCALES programs for Tennessee American Legion Boys State and American Legion Auxiliary Volunteer Girls State participants. The session for Boys State included a welcome message from Chief Justice Jeff Bivins and then delegates watched and discussed the virtual oral arguments in State of Tennessee v. Robert Allison, which involved money-laundering charges. The case was decided by the court in January. The session for Girls State delegates included an hour-long question and answer with the court’s three female justices. The discussion tackled many issues of the day, including how the courts operated during the COVID-19 pandemic, the role of judges in protecting voting rights and the concept of “rule of law.” The SCALES program is designed to help students understand the role of the courts.

A day after a three-judge panel of the U.S. District Court for the D.C. Circuit rejected their effort to resume evictions, a group of landlords has asked the U.S. Supreme Court to weigh in on the matter, News 5 reports. The group is asking the court to vacate a stay imposed by U.S. District Judge Dabney Friedrich on her ruling that the U.S. Centers for Disease Control and Prevention overstepped its authority in imposing the nationwide moratorium. Though Friedrich found the action unconstitutional, she agreed to delay her ruling from taking effect to allow time for the Biden administration to appeal. The group submitted an emergency application to Chief Justice John Roberts stating that the current order would "prolong the severe financial burdens borne by landlords under the moratorium for the past nine months." The moratorium is set to expire on June 30.

The National Conference of Bar Examiners is not planning to make a remote bar exam available to jurisdictions for the February 2022 exam, instead offering materials only for an in-person exam. The National Conference, which develops the three main bar exam components, has given states the option to choose between remote and onsite exams since October 2020 due to the COVID-19 pandemic. Law.com has the story from the National Law Journal.

In-person jury trials have resumed in Sullivan County, but Criminal Court Judge Jim Goodwin says the halt in trials during the COVID-19 pandemic has created an overwhelming backlog of cases, WJHL News reports. “We can’t catch up. We won’t catch up,” he said. “We’ll get through them the best we can. And that’s all we can do.” Public Defender Andrew Gibbons said his attorneys normally have around 100 cases each, but their caseloads can now reach up to 200 at a time. He cautions against rushing through these cases. “One of my big fears is people in the system — judges, prosecutors, defense attorneys, Department of Corrections, whoever — they’re going to want to just start cranking out cases … my job is to make sure the process is fair. My job is to make sure people are protected from the system. You can’t rush that.”

U.S. District Judge Travis McDonough in Knoxville has denied a temporary restraining order that would have stopped the priority status for restaurants and bars owned by women and certain minorities in President Joe Biden’s COVID-19 relief package, the Associated Press reports. The complaint targets the three-week period from May 3 until Monday when only funding requests from businesses owned by women, veterans or socially and economically disadvantaged individuals will be processed. The Wisconsin Institute for Law & Liberty brought the lawsuit for a restaurant owner in Harriman, Tennessee. It claims the program pushes white males “to the back of the line” and puts them “at significant risk” of missing out on funding. McDonough was not swayed by the argument, citing data from the federal government that shows how businesses owned by women and some minorities “have suffered more severely” than others during the pandemic.

The Court of Workers’ Compensation Claims today issued a new order governing hearings and trials following the Tennessee Supreme Court's decision to loosen COVID-19 restrictions on in-person court proceedings earlier this month. The new Workers’ Compensation Court’s order will require continued social distancing and risk questions. The presiding judge in each case will have the discretion to require masks or other safety protocols. In-person settlements will still be held remotely until further notice. Read more from the court.

U.S. District Judge Eli Richardson last week denied a landlord’s request for a temporary restraining order to block a Consumer Financial Protection Bureau rule requiring debt collectors and lawyers who file eviction cases to notify renters of their eligibility for relief under the federal eviction moratorium. Richardson said such an order was not necessary since the U.S. 6th Circuit Court of Appeals previously refused to stay a district court decision that found the ban unconstitutional. If the ban is not binding in Tennessee, the need to give notice is moot, he argued, according to Reuters. But he cautioned that the appeals court decision is not final and his comments should be considered as "dicta" and not be interpreted to give landlords "cover" for ignoring the notification rule.

President Joe Biden took executive action yesterday designed to ensure minorities, low-income Americans and others have better access to quality legal representation after services dwindled during the Trump administration, the Associated Press reports. Biden signed a memorandum directing Attorney General Merrick Garland to submit a plan within 120 days to restore the key functions of the Access to Justice Office, which was created in 2010 and has worked on issues such as criminal indigent defense, enforcement of fines, language barriers in the courts and civil legal aid. The office was shut down by the Trump Justice Department in 2018. The order also directs Garland to reestablish the White House Legal Aid Interagency Roundtable and task the group with examining the impact the COVID-19 pandemic has had on access to justice. WMC Action News 5 has more on the story.

Legislators adjourned the first year of the 112th General Assembly just a little more than a week ago, but comments from some indicate they could return for a special session to approve the spending of federal recovery funds. The state is to receive $8.6 billion, with $4 billion going to the state, $2.27 billion for county and city governments and $2.3 billion for local school districts, Tennessee Lookout reports. Senate Finance, Ways and Means Committee Chair Sen. Bo Watson, R-Hixson, said last week a special session may be needed due to the sheer amount of money headed for Tennessee as well as the need to reallocate current funds. “We are going to try and run our normal expansion request process with these new federal dollars that are coming in unless it’s just so burdensome we just can’t manage it. We don’t know yet,” he said.

The Tennessee Supreme Court has issued an order to further loosen COVID-19 restrictions on in-person proceedings. Masks are now optional for those coming in-person to court, the order to stay six feet apart has been reduced to three feet and courtroom capacity requirements have been lifted, effective immediately. Judicial districts and judges still have discretion to limit the number of people in a courtroom and compliance with current CDC guidelines is still encouraged. The order also states that courts not already doing so, should begin utilizing technology to avoid in-person proceedings. Read more from the Administrative Office of the Courts.