TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 27, 2020

Those leaving prison are finding that adjusting back to “normal” life is not really an option right now, WPLN reports. Bettie Kirkland, executive director of Project Return — an organization dedicated to helping newly released individuals transition into the workforce — says, “People getting out of prison have always faced … nearly insurmountable odds, [but] with COVID-19, it’s just raised it to a whole other level.” Those recently released are facing limited job opportunities, resources and support systems. Nashville defense attorney David Raybin also says they are not able to meet with parole officers to get the help they need.

Posted by: Stacey Shrader Joslin on Apr 27, 2020

Tennessee Attorney General Herbert H. Slatery III issued an opinion today regarding the priority of Gov. Bill Lee’s executive orders governing the state’s emergency response during the COVID-19 health crisis, finding that state emergency directives supersede any conflicting action taken by local governments. The opinion was requested by Lt. Governor Randy McNally and state House Speaker Cameron Sexton. In the opinion, Slatery writes that, “The General Assembly clearly intended the Governor’s emergency management powers to be exclusive and to override any action taken by political subdivisions and local agencies that conflicts with the Governor’s executive orders. This avoids the unmanageable predicament of multiple governmental actions in the midst of an emergency.” Read more in this release.

Posted by: Stacey Shrader Joslin on Apr 27, 2020

The California Supreme Court has delayed the July bar exam until September and directed officials to “make every effort possible” to administer the test online with a combination of electronic and remote proctoring, the ABA Journal reports. The court declined to adopt “diploma privilege” for graduating law students but said if the September exam becomes infeasible, it would consider altering or amending its directives. In related news, the Massachusetts Supreme Judicial Court and the Board of Bar Examiners announced last week that it will create and deliver its own online bar exam if it is unsafe to deliver the traditional test in September, though they note that such an exam would only allow for local admissions. It also declined to adopt emergency diploma privilege, Law.com reports.

Posted by: Stacey Shrader Joslin on Apr 24, 2020
News Type: COVID-19 News, TBA CLE

The TBA’s Adoption Law Section will host a videoconference roundtable discussion next Thursday from 1 to 2 p.m. CDT regarding best practices and tips for adoption lawyers in these uncertain times. Join Adoption Law Section members to discuss changes in business, DCS interactions, in-person surrenders and other issues that have arisen and the steps taken to address them. This roundtable discussion is free and open to all TBA members.

Posted by: Stacey Shrader Joslin on Apr 24, 2020

The Court of Workers’ Compensation Claims said yesterday that it will continue with telephonic settlement approvals through the month of May and possibly beyond. It also reports that the Bureau of Workers’ Compensation has postponed its Workers’ Compensation Educational Conference, which was scheduled for June 10-12 in Murfreesboro. The agency says it is polling constituents to gauge interest in a rescheduled event later this year. Finally, the court issued several opinions in the last week, one that affirmed an alleged mental injury, one that reaffirmed the Direct and Natural Consequence Rule and one that reaffirmed the concept that subject matter jurisdiction is a "threshold inquiry." Read about the last two here.

Posted by: Stacey Shrader Joslin on Apr 24, 2020

The Tennessee Supreme Court today extended deadlines and limits on in-person court proceedings. The order limits in-person proceedings through May 31 and jury trials through July 3. It also directs the judges in each judicial district to develop a comprehensive written plan to either (1) gradually begin conducting in-person court proceedings (other than jury trials) in some non-emergency matters or (2) continue to abide by the court’s guidelines and restrictions set forth in the March 25 order. In addition, the order encourages usage of electronic signatures and remote notaries and asks courts not to issue eviction orders and to limit any new garnishments. Finally, deadlines set forth in court rules, statutes, ordinances, administrative rules, orders of protection or temporary injunctions set to expire before May 31 have been extended through June 5, with some limited exceptions. Read the full order.

Posted by: Stacey Shrader Joslin on Apr 24, 2020
News Type: COVID-19 News, Upcoming

Legal Aid Society of Middle Tennessee & the Cumberlands will hold two phone clinics next week. A general clinic — which will deal with housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits — will take place Monday from 4 to 6:30 p.m. A second clinic limited to veterans in the Nashville area will be held Wednesday from 11 a.m. to 1 p.m. Those needing assistance may call 800-238-1443 on one of those dates to speak to an attorney. Please contact Andrae Crismon or Kendra Cheek or 615-780-7131 for more information.

Posted by: Suzanne Craig Robertson on Apr 24, 2020

The May issue of the Tennessee Bar Journal is online today — one week early — in an effort to bring you the latest in law-related updates regarding the COVID-19 pandemic. In it you'll find ways to "work through the pandemic," with links to the TBA's pandemic resources page and results from a recent member survey about lawyers' common concerns. Read how to handle having documents witnessed and notarized, how to navigate the new paid-leave mandates, plus the options for using force majeure. Also, learn about child custody in this uncertain time, and see what some of your colleagues' home offices look like. "You will see from the articles in this edition the many steps that have been taken by, or with input from, your TBA to deal with the upheaval that COVID-19 has caused,"  Sarah Y. Sheppeard writes in this issue. "I find hope in the many things for which I am thankful, hope that we will get through this together."

Posted by: Kate Prince on Apr 23, 2020

To keep dockets moving forward, judges across the state have turned to technology during the COVID-19 pandemic. The Administrative Office of the Courts Technology Team, State of Tennessee Strategic Technology Solutions and county information technology teams have installed dozens of laptops, VPNs, Zoom licenses and WebEx accounts to keep the courts functioning and open while under a state of emergency. The AOC provides some highlights of how courts around Tennessee are responding to the pandemic.

Posted by: Kate Prince on Apr 23, 2020

 The Tennessee Department of Corrections is launching a hotline for people with friends and family behind bars to call and ask COVID-19 related questions, WPLN News reports. The department says a “live analyst” will be available 24 hours a day, seven days a week to answer questions about COVID-19 testing, the prison system’s response to the pandemic and the protective measures that have already been taken. TDOC Commissioner Tony Parker in a press release said inmates have been encouraged to stay in “close contact” with their families, but multiple people with incarcerated family members have told WPLN they have had trouble getting in touch with loved ones in recent weeks. TDOC says all inmates and employees have been given masks and that officials are using contact tracing to track COVID-19 in prisons, but do not plan to test all inmates at this time.


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