A third jurisdiction has moved its July bar exam online but unlike other states making that move, test takers in Nevada will be allowed to consult outside reference materials during the two-day exam. The Supreme Court of Nevada has ordered the test be given remotely, but in an acknowledgement of the difficulties of monitoring test takers in their own homes, it is making it an open book test. Two justices dissented from the order, arguing the exam should be postponed until September in hopes it could be given in its traditional format then. Like Indiana and Michigan, Nevada will not administer the Multistate Bar Exam, Law.com reports.

COVID Cast, a podcast from Above the Law that looks at how the pandemic is impacting the legal profession, has released two new episodes. The first, features Nicole Pinard, vice president and general manager of legal education at Wolters Kluwer, who talks about the rapidly evolving law school model, how professors are adapting to virtual innovation, and what law students must do to prepare for the future. The second looks at the impact on in-house counsel. Mark Harris, CEO of Knowable, talks about how legal departments can use contracts to maximize revenue and minimize costs and disruptions.

The Tennessee Supreme Court has approved a plan submitted by the Davidson County courts to begin holding in-person proceedings. Jury trials in the country will remain suspended until July 6. Those attending in-person proceedings in the historic county courthouse, the Justice A.A. Birch Building and the Davidson County Juvenile Court Building will be asked to wear masks. Security officers also will be using a touchless thermometer to read visitors' temperatures. Only 10 people, excluding court personnel, will be allowed in a courtroom but it is up to each judge to decide to allow friends and family in the room. The Tennessean has more specific guidance for each building. In related news, Nashville lawyer David Raybin writes in an op ed why there are good reasons to delay jury trials to July.

The Tennessee Supreme Court issued an order today to extend the state of emergency for the judicial branch and the Continuity of Operations Plan for courts in the state until further order. The order also modifies the court’s previous orders dealing with in-person proceedings at municipal, juvenile, general sessions, trial and appellate courts. Under the new rules, jury trials will remain suspended through July 3. Once trials begin, courtrooms must observe capacity and social distancing requirements and jurors must wear face masks. In addition, juries for civil cases will be limited to six individuals unless a 12-person jury is specifically requested.

The order also (1) lifts the moratorium on eviction proceedings on June 1 unless the property is subject to limitations in the CARES Act; (2) extends the expiration date of orders of protection and temporary injunctions to June 15; (3) allows judges’ and clerks’ office to limit in-person contact with the public but requires them to remain open; (4) encourages attorneys to utilize remote witnessing and notarization protocols; and (5) encourages court to continue conducting as much business as possible by telephone, teleconferencing, email, video conferencing or other means that do not involve in-person contact. Read more in a release from the court.

The Tennessee House of Representatives has decided to allow the public into its hearing rooms as it resumes business this week, but restrictions will be in place to safeguard against the COVID-19 virus, WPLN reports. House GOP spokesperson Doug Kufner said House committee rooms will only sit about 20 visitors and are available on a first come, first served basis. Visitors are required to have their temperatures checked and wear masks and only three people are allowed on the elevators at one time. Lawmakers’ desks and the dais and podium area in the House chamber have been separated by plastic Lexan barriers. The Senate has decided not to allow public into its committee rooms or chamber and is limiting the number of staff on the Senate floor.

The Legal Aid Society of Middle Tennessee and the Cumberlands will continue its weekly Facebook Live Q&A Wednesday at noon CDT. LAS attorney Patricia Jones will host this week’s show, which will cover mortgage payments. LAS launched the show earlier this month to answer frequently asked questions relating to the COVID-19 pandemic.

Legal Aid Society of Middle Tennessee and the Cumberlands will hold two legal clinics by phone this week. On Wednesday, LAS will hold a clinic specifically for veterans from 11 a.m. to 1 p.m. Then on Thursday, a general legal clinic will be held from 3 - 4:30 p.m. Those needing assistance can call 800-238-1443 during any of these times. Lawyers interested in volunteering for the clinics should email Kendra Cheek. 

The council of the ABA's Section of Legal Education and Admissions to the Bar would have more authority to enact short-term, emergency policies and procedures for schools under a proposed rule change endorsed by the group today. The move comes after law school deans expressed concerns that teaching online for the fall term might run afoul of Standard 306, which allows for only up to one-third of credits to be taught online unless a variance is given. The proposal would allow the council to adopt emergency policies and procedures in response to “extraordinary circumstances” to waive those limitations for all law schools. The rules change will need to be approved by the ABA House of Delegates at its Annual Meeting in August before taking effect. The council also considered several other proposals related to the impact of the COVID-19 pandemic. The ABA Journal has the details.

An in-person plea hearing will be held on May 27 at 2:30 p.m. for Danny Weld-Ebanks, who was indicted in September 2019 for vehicular manslaughter by recklessness for a crash that killed Matthew Kenigson, the spouse of Nashville General Sessions Judge Lynda Jones. The hearing will take place at the Montgomery County Court Center and will be presided over by Rutherford County Circuit Court Judge Barry Tidwell. The case was moved by agreement of the parties because of COVID-19 travel restrictions set by Fort Campbell, where Weld-Ebanks is stationed. Access to the courthouse will be limited pursuant to the judicial emergency order, but the Supreme Court is offering two options to media interested in covering the proceeding: a video recording available one hour after the hearing or one pool camera that would record from the courtroom. Media outlets should express their preference to Barbara Peck, 615-440-2555. A final decision about access will be made by noon on May 26.

The results of a survey conducted by Major, Lindsey & Africa and Above the Law in April to gauge the impact of the COVID-19 pandemic on law firms are now available. The report, “The Unprecedented Challenge of COVID-19: Findings from the 2020 Major, Lindsey & Africa and Above the Law Law Firm Associate Survey,” offers a detailed picture of how law firms and individual associates are coping with the ongoing disruption and the prospect of lasting change. Topics covered include communication transparency, technological resources, firm culture and long-term effects on the profession. Download a copy of the report.