The Tennessee Senate reopened to the public today after shutting down most access during the COVID-19 pandemic, the Tennessee Journal reports. The public now can access the Cordell Hull Building through the main entrance on Rep. John Lewis Way. Elevator access to the 7th floor is allowed but will be monitored by General Assembly staff. Senate Hearing Room I and the Senate Gallery are open with limited and socially distanced seating. Other hearing rooms remain closed. The public may access the Capitol through the tunnel for Senate floor sessions but no group meetings or tours will be allowed. Members of the public must wear face masks at all times and are encouraged not to enter a legislator’s office without an appointment. Finally, committee chairs may continue to choose whether to hold in-person or remote meetings.

Distance communication is here to stay for a while, meaning new issues with both competence and communication. The CLE Performer Stuart Teicher is here to walk you through What to Watch Out For in a Post-COVID World Part 1: The 3 C's: Competence, Communication, and COVID. Don’t miss this webcast replay on March 4 from noon until 1 p.m. CST, worth one dual credit hour of CLE.  

The U.S. Justice Department announced Saturday it will be appealing a ruling by a federal judge in Texas that blocked a federal eviction moratorium put in place last fall to help those struggling to make ends meeting during the COVID-19 pandemic. U.S. District Judge J. Campbell Barker in the Eastern District of Texas blocked the Centers for Disease Control and Prevention’s moratorium last Thursday, ruling that the federal government had overstepped its authority in imposing the ban. In filing the notice of appeal, department lawyers also argued that Barker’s decision “does not extend beyond the particular plaintiffs in that case” and “does not prohibit the application of the CDC’s eviction moratorium to other parties.” The Associated Press has more on the story.

A federal judge in Texas ruled yesterday that a nationwide moratorium on evictions put in place by the U.S. Centers for Disease Control and Prevention amid the COVID-19 pandemic is unconstitutional, The Hill reports. U.S. District Judge J. Campbell Barker broke with other courts nationally and handed a win to landlords who argued the moratorium exceeded the federal government's constitutional authority. Barker agreed saying that while states can restrict residential evictions and foreclosures, federal authority to regulate interstate commerce did not include the power to halt evictions. Legal observers predict the decision will be appealed. Conservative groups involved in the litigation hailed the decision.

A new report from practice management company Clio has found that solo practitioners struggled more significantly than larger law firms in adapting to remote work throughout the pandemic, Robert Ambrogi’s LawSites reports. The report also found that solos who harnessed modern legal technologies fared significantly better during 2020 than those who did not — bringing in $50,000 more in revenue on average — and solos who continue to adapt and innovate are most likely to do well both in the immediate future and in years to come. Clio’s Legal Trends for Solo Law Firms, published earlier this week, used data from its annual Legal Trends Report, which is based on analysis of data from tens of thousands of legal professionals and surveys of legal professionals and legal consumers.

Since the COVID-19 pandemic began, Nashville Chancellor Ellen Hobbs Lyle and 20th Judicial District Chancery Court staff attorney Justin Seamon have conducted seven bench trials and over 60 hearings using Zoom Video Conferencing and a YouTube channel with all attorneys, parties, witnesses and court staff participating remotely. Watch as they detail their experience on the CLE webcast Our 9-Month Journey Conducting Zoom Trials During the Pandemic. The pair will discuss the pros, cons and logistics of conducting trials via Zoom, how to prepare witnesses, appropriate safeguards for remote witness testimony, managing trial exhibits, public access to the proceedings, and the ramifications of this technology for the future of litigation. Catch this webcast replay on March 10 from noon until 2 p.m. CST.

Officials with the Tennessee Department of Health and the federal Centers for Disease Control and Prevention will oversee vaccine distribution operations in Shelby County after it was discovered that the local health department wasted 2,600 doses and found 50,000 doses sitting in storage. On top of overseeing operations, Health Commissioner Piercey said state officials will suspend their vaccine allotment to Memphis’ health department until the backlog of doses is used. Doses that typically are delivered there will instead be shipped to other vaccine locations in Shelby County, the Commercial Appeal reports.  An internal investigation found no evidence of malicious intent but a federal inquiry may follow, Piercey said.

The Tennessee Supreme Court today ordered that the July bar exam be held as a computer-based test due to continued concerns about the COVID-19 pandemic. The order explains that many of the test takers are in their 20s and not likely to be vaccinated by the July exam date. Restrictions on holding large, indoor gatherings that will still be in place also contributed to the decision. The National Conference of Bar Examiners is preparing a remotely administered Uniform Bar Examination (UBE) that will be utilized. Applicants who pass the online bar exam will be eligible for admission in Tennessee and any of the 35 other states that accept a UBE score. Registration for the July bar exam will open on March 1. The February bar exam was already set to be taken remotely. Read more from the Administrative Office of the Courts.  

TBA President Michelle Greenway Sellers is launching a new initiative to hold virtual town hall meetings across the state to hear from TBA members. The first session will take place Wednesday at noon CST. It will focus on issues impacting the legal community in Jackson, including technology and the courtroom, criminal and civil issues, and what to expect in a post-COVID legal world. Judge Roy B. Morgan Jr., president of the Tennessee Judicial Conference and judge on the 26th Judicial District Circuit Court, and Terica Smith, TBA YLD president and 26th Judicial District assistant district attorney, will join Sellers for the discussion. Please RSVP to let us know if you will be joining this live event. Also, feel free to post questions in advance for the panel. CLE credit for this program (0.75 general hours) is available for a $35 fee. Please contact the TBA CLE team if you would like to receive CLE credit.

The Tennessee Supreme Court today issued an order taking action on several pandemic-related issues. First, the court will lift the current suspension of in-person court proceedings in termination of parental rights cases on March 1. Second, the court will lift the current suspension of all other in-person court proceedings in all state and local courts on March 15. Third, the court will maintain the current suspension of jury trials through March 31, though exceptions may be made by the chief justice. The order also directs all courts to follow the approved pandemic plan for their district, encourages remote proceedings to be used when possible, and limits who can be in the courtroom once in-person proceedings resume. In making these changes, the court cited the recent and continuing decline in the number of COVID-19 cases and hospitalizations in the state. Read more from the court.