TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 1, 2020

Shelby County District Attorney General Amy Weirich announced Monday that all April court dates for general sessions court (criminal division) and criminal court involving those who currently are not jailed will be canceled, the Commercial Appeal reports. All jury trials also have been canceled for April. Weirich said the county is working to ascertain whether grand jury hearings will take place. The move means only cases involving inmates already in custody are being heard. Also in Memphis, a detention officer who works in the Shelby County Juvenile Detention Center has tested positive for COVID-19, the paper reports. In response, county commissioners are calling for all minors in county custody to be tested, regardless of symptoms.

Posted by: Barry Kolar on Mar 31, 2020

TBA President Sarah Sheppeard today extended the closure of the Tennessee Bar Center and TBA offices in Nashville. "In light of recent federal, state and local orders related to the current pandemic, the TBA’s office at 221 Fourth Avenue North in Nashville will remain closed until further notice," Sheppeard said. Please continue to look for new updates on orders, news and closures around the state in TBA Today as well as the TBA's Pandemic Resources for Tennessee Lawyers.

Posted by: Kate Prince on Mar 31, 2020

The Tennessee Supreme Court will make history tomorrow when it holds an oral argument by video conference. The new approach is part of efforts by courts at all levels to find innovative and creative ways to continue to conduct essential court business across the state. All of these efforts are part of the commitment to keep courts open during the COVID-19 pandemic, while balancing that priority with concerns for the health and well-being of all litigants, attorneys, judges and employees of the court system. A copy of the virtual argument can be found online within 48 hours after the conclusion of the argument.

Posted by: Kate Prince on Mar 31, 2020
News Type: COVID-19 News, TBA CLE

The TBA’s new on-demand webcast series, Navigating the Pandemic, features an array of programs dedicated to giving you support and guidance on important legal topics related to the COVID-19 outbreak. Topics in the series include employment law, the CARES Act and the SBA loan process, navigating client financial issues and more. Don’t miss COVID-19 Labor and Employment Law Issues and Developments this Thursday from 10 to 11 a.m. Also on Thursday, watch Tips, Tricks and Tools for Managing Coronavirus Disruption from 3 to 4 p.m. All programs are approved distance learning courses for 2020, per the new Supreme Court rule and requirement. Head over to the TBA’s website for a full list of programs in the series.

Posted by: Stacey Shrader Joslin on Mar 30, 2020

Shelby County District Attorney General Amy Weirich said her office is working to release some incarcerated at the county jail and has dismissed “hundreds” of cases of those recently charged in an effort to reduce the jail’s population and stem the spread of COVID-19. Weirich also said her office is working with defense attorneys to fast-track cases awaiting guilty pleas, the Memphis Flyer reports. A process that usually takes months has been reduced to days, she said. Finally, Weirich also said she is sending hundreds of letters to out-of-custody defendants telling them their case is being dismissed and they do not need to come back to court. “If you get a letter like this, it is not a joke,” she stated.

Posted by: Stacey Shrader Joslin on Mar 30, 2020

President Donald Trump announced yesterday that the federal government is extending its guidance on social distancing through April in a continued effort to slow the spread of the COVID-19 pandemic, the Washington Post reports. Other government representatives advised that the death rate from the virus is expected to peak in two weeks. The decision to extend the guidance reportedly came after health officials predicted that more than two million deaths would occur if the nation did not continue strict measures to respond to the virus.

Posted by: Stacey Shrader Joslin on Mar 30, 2020
News Type: COVID-19 News

Tennessee Gov. Bill Lee yesterday issued a statewide order closing non-essential businesses and asking Tennesseans to stay home for two weeks in an effort to combat the spread of the COVID-19 pandemic. The order is similar to restrictions already put in place by mayors in Nashville, Memphis, Knoxville and governors in at least 30 other states, the Tennessean reports. It does not go as far as a few states that have mandated “shelter in place” policies. The order will take effect at 11:59 p.m. Tuesday and last through April 14. During this time, only essential businesses are to continue operating and residents are to stay home “as much as possible.” Essential services are defined to include legal services and judges, judicial branch employees, court personnel, jurors and grand jurors, as determined by the Judicial Branch.

“The TBA applauds Gov. Lee for recognizing the vital role attorneys play at this time of uncertainty and our ability to help Tennesseans,“ TBA President Sarah Sheppeard said. As the TBA stated in its previously published policy position, “Legal services are simply one of those continuing vital services that we need even as we continue to social distance and continue to combat the spread of COVID-19.”

The order also prohibits employers from requiring or allowing an employee who has tested positive for the virus to report to work until the employee has satisfied conditions for discontinuing home isolation under CDC guidelines. Finally, the governor issued a separate order specifically ordering the closure of salons, spas, concert venues, theaters and other indoor recreational facilities.

Posted by: Stacey Shrader Joslin on Mar 30, 2020
News Type: COVID-19 News

Legal Aid Society of Middle Tennessee & the Cumberlands will hold its April legal clinics over the phone due to the COVID-19 pandemic. Local attorneys will offer advice on questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Those needing assistance may call 800-238-1443 on one of these dates to speak to an attorney. Please contact Andrae Crismon or Kendra Cheek or 615-780-7131 for more information. Phone clinics planned for this week will take place Wednesday and Thursday from 4 to 6 p.m. CDT each day.

Posted by: Barry Kolar on Mar 27, 2020

The Tennessee Supreme Court today acted to help ease economic pressures on Tennessee attorneys appointed to provide counsel for indigent defendants. Specifically, the order increases the maximum dollar amount of claims that are exempt from judicial review in the ACAP system for court-appointed counsel. Court officials also outlined other steps attorneys could take to speed payments.

“We appreciate the AOC’s responsiveness to concerns of court appointed counsel and the recent steps to helping those hardworking lawyers receive proper compensation on an expedited basis,” TBA President Sarah Sheppeard said. A number of Tennessee lawyers have signed or sent letters requesting emergency action on interim billing so that attorneys who normally are paid at the end of a matter could have some financial relief during this current public health crisis. The TBA and AOC have been in talks daily about how to help attorneys during this time, and Sheppeard said, "We will continue to advocate for even more efficiencies and will determine the need for additional recommendations and filings in light of the Court’s order today."

“We understand that the Tennessee Supreme Court has been working diligently during this difficult time to issue Orders relevant to the current public health crisis and the continuation of the administration of justice in this state,” Sheppeard said. “The relaxation of in-person CLE requirements, directives to slow the spread of COVID-19 in jails and prisons, permitting declarations under penalty of perjury in lieu of a notary in court filings — in addition to several other orders — will go a long way to assist lawyers and their clients in staying safe while also upholding necessary obligations under the law.”

“I thank Chief Justice Bivins, the Tennessee Supreme Court and the AOC for their continued attention to this work and for adopting so many of the actions requested by our members as they navigate the next few months.”

Posted by: Stacey Shrader Joslin on Mar 27, 2020

A coalition of criminal justice and prison advocacy organizations filed an emergency petition with the Tennessee Supreme Court this week seeking the release of inmates from jails and prisons as the COVID-19 outbreaks spreads across the state. The filing calls for the release of those in local jails and state prisons who meet certain criteria, the Daily Memphian reports. In related news, Nashville attorney David Raybin asked the state Board of Parole in a letter today to “accelerate the release of already-paroled prisoners” by removing the in-prison rehabilitative program requirement. According to Raybin, roughly 1,000 inmates have been granted parole but are still awaiting release. Knoxnews has more. The request comes a few days after the Tennessee Association of Criminal Defense Lawyers called on local jails to address the issue. Finally, the president of the American Bar Association today applauded states and localities for looking at measures to address the health and safety of prisoners and called on Congress to release older and infirm prisoners in federal custody.


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