The Judicial Ethics Committee last week released an advisory opinion addressing two issues. First, the committee concurred with a prior opinion which stated a judge should not have to recuse themselves in a contested matter when one or both of the litigants is a licensed attorney. The committee only issued a new opinion on the matter because the numbering of the Rules within the Code of Judicial Conduct has changed since the prior opinion was issued. Secondly, aside from narrow and specific circumstances in the Rules of Judicial Conduct, the committee found that the code does not require a judge to recuse themselves simply because an attorney is a member of the judge’s former law firm. Read the full opinion from the Administrative Office of the Courts.

The TBA will hold its first book club discussion event on Sept. 19 at 4 p.m. CDT. Members voted Killers of the Flower Moon by David Grann, a nonfiction story on dozens of murders plaguing the Osage Indian nation of Oklahoma in the 1920s, as the first quarterly title. The Osage murders began shortly after oil was discovered on tribal land making them the richest people per capita in the world. The mystery became one of the FBI’s first major homicide investigations, led by a young J. Edgar Hoover. This one-hour event will feature special guest Professor Derrick Beetso, director of Indian gaming and tribal self-governance programs at Sandra Day O’Connor College of Law at Arizona State University, who will lead the virtual discussion. Learn more and register here.

The Tennessee Registry of Election Finance, represented by the Attorney General’s Office, has asked a Davidson County chancellor to find former House Aide Cade Cothren in contempt of court and order him to comply with two subpoenas, the Tennessee Lookout reports. The state argues Cothren, who is ex-chief of staff for former House Speaker Glen Casada, didn’t give a good reason for refusing to testify before the Registry board or providing documents regarding a political action committee he secretly ran. The court filing came in response to claims by Cothren’s attorney that he should not have to testify before the board after invoking his Fifth Amendment right against self-incrimination in a letter to the board. Chancellor-elect I’Ashea Myles will hear the case in September. Myles is taking over the caseload of Chancellor Ellen Hobbs Lyle as she steps down from the bench on Aug. 31.

Johnson City commissioners last week approved a recommendation to close the city’s half-century old jail, which houses a declining number of incarcerated females, News Channel 11 reports. The city began housing women serving jail sentences in 2002 through a contract with the Tennessee Department of Corrections (TDOC), which paid $40.75 per day for each incarcerated woman. However, as the number of those incarcerated has declined – the jail averaged a census of just 48 as of June – the cost to house them has remained the same. “It does not serve a purpose for us to be in this space, especially when local taxpayers are no longer in a net gain position,” said Johnson City Mayor Joe Wise. In the recently ended fiscal year, expenses were roughly $36,000 higher than revenues. The jail is now set to close within weeks.

After 40 years of service, Germantown Municipal Court Judge Raymond Clift Jr. has announced he’ll be retiring from the bench effective Sept. 1, the Commercial Appeal reports. Clift became Germantown judge in 1982. Prior to that he was a public defender for Shelby County and was later Tennessee's assistant district attorney until 1972. He was Germantown alderman from 1978-1980. Germantown Mayor Mike Palazzolo said Clift’s legacy as judge “will be one of a deep commitment to the justice system, honor and the unparalleled ability to serve others with balance and fairness.” The Germantown Board of Mayor and Aldermen will appoint Clift's replacement to serve two years until the next election in 2024. The board will interview candidates for the position and hold a formal vote at a later date for the new judge.

Nineteen female judges will be sworn into office next week by Tennessee Supreme Court Justice Sharon Lee during an event hosted by the Women’s Political Collaborative of Tennessee (WPC). The event will take place on Aug. 30 at 5 p.m. CDT at Nashville’s Hermitage Hotel – the site where much of the behind-the-scenes work to ratify the 19th Amendment in Tennessee happened. Admission is free and tickets can be reserved on WPC’s website. While Davidson County saw a historic number of female judges elected this year, Knox County female candidates did not fare as well. The Knoxville News Sentinel has more on that story.   

The TBA is headed to Greeneville on Sept. 7 as part of its annual Court Square Series! Start the afternoon with a lunch and learn networking session with TBA leadership, followed by an ethics update from the Board of Professional Responsibility Disciplinary Counsel for Litigation Eric Fuller, and later a judicial panel featuring Greene County General Sessions and Juvenile Judge Kenneth Bailey and Jefferson County General Sessions Judge Will Roach. Finally, end the day with Bristol Motor Speedway's Vice President & Legal Counsel Julie Bennett who will give an intro to sports betting following the 2020 passage of the Tennessee Sports Gaming Act. Learn more and get registered here. Not going to be in Greeneville on Sept. 7? Head over to the TBA CLE website to find other stops in the 2022 Court Square Series!

Juvenile justice advocates in Shelby County are pushing for a “third way” when it comes to sentencing juveniles, Local Memphis reports. Currently, juveniles are either transferred to adult court, where they face major sentencing for violent crimes, or they are released when they turn age 19 and are no longer under juvenile court jurisdiction. Advocates argue that a “blended sentence” — which would allow juvenile sentences to be extended through age 21 — would offer a better chance of rehabilitation. State Rep. G.A. Hardaway, D-Memphis, said yesterday he will introduce legislation this fall to make the county a pilot program for a blended sentencing program.

Madison County General Sessions Judge Hugh Harvey was arrested Wednesday for driving under the influence and being in possession of a firearm, Action 5 News reports. He was taken to the Madison County jail Wednesday night and was transferred to the Chester County jail Thursday morning. A graduate of the University of Memphis School of Law, Harvey has served on the bench since 1998.

The Tennessee Supreme Court on Wednesday appointed Lynn Zehrt, professor of law at Belmont University College of Law, to its Advisory Commission on the Rules of Practice and Procedure. Zehrt replaces Jeffrey Usman, a Belmont law professor who recently was appointed to serve on the Tennessee Court of Appeals. Read the order.