TBA Law Blog


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Posted by: Kate Prince on Apr 28, 2022
News Type: Legal News

New data from the American Bar Association shows that, of Belmont University College of Law’s 2019 graduating class, 100% of those who took the bar exam sometime within the last two years have passed. The law school is one of only two schools in the country with a 100% bar passage rate over the last two years among 2019 graduates and the only school in the country to have 100% bar passage for both its 2018 and 2019 graduates within two years of graduation. The national average ultimate pass rate was 91 percent. ABA Standards require that at least 75% of a law school’s graduates in a calendar year who sit somewhere for a bar examination administered within two years of graduation must pass. Belmont has more on the story.

Posted by: Kate Prince on Apr 28, 2022

The Tennessee General Assembly has passed legislation that prevents candidates who have been censured from becoming judges, The Greeneville Sun reports.  An amendment to Senate Bill 2478/House Bill 2538 bars attorneys who have been publicly censured by the Board of Professional Responsibility within 10 years from holding a judgeship. The bill has an Oct. 1 effective date, meaning it will not affect current races. Rep. Andy Farmer, R-Sevierville, said the bill was the first step in ensuring honesty in candidates for all positions.

Posted by: Kate Prince on Apr 28, 2022
News Type: Legal News

A new report from Disability Rights Tennessee and the Youth Law Center claims the Wilder Youth Development Center in Somerville is being run like a “dangerous jail,” in violation of state and federal laws, the Associated Press reports. The report says Wilder has a dearth of rehabilitative and educational services, a disproportionately high number of Black youths and young people with disabilities confined there and a reliance on solitary confinement. It also says the facility has a “pattern and practice of abuse perpetrated by staff at Wilder, including physical abuse, sexual abuse, and staff orchestrating attacks on youth.” A spokesperson with the Tennessee Department of Children’s Services said a full review of the report would be conducted, but expressed confidence that community partners, lawmakers and staff could “work towards a resolution to any concern that may exist.” Read the report here.

Posted by: Kate Prince on Apr 28, 2022
News Type: Election 2022

Brandon Toney, a Germantown intensive care nurse practitioner, has been removed from the ballot in the Republican primary for State Senate District 31, the Commercial Appeal reports. Members of the Tennessee Republican Party voted against restoring Toney to the ballot after his Republican “bona fides” were challenged. The party’s bylaws state that a person must vote in three of the past four Republican primaries to be considered a bona fide Republican. In a letter to party members, Toney acknowledged that he had not voted in the primaries in question, but that he was “clearly a Republican with a demonstrated record of supporting Republican candidates and committees.” He was set to face Brent Taylor in the August primary to fill the seat of outgoing state Sen. Brian Kelsey who is not running for reelection following his indictment on allegations of illegally redirecting campaign finance dollars.

Posted by: Kate Prince on Apr 28, 2022
News Type: Legal News, Politics

Metro Council Member Freddie O’Connell yesterday confirmed that he will run for Nashville mayor in 2023, the Tennessean reports. O’Connell serves Nashville’s District 19, the city's most populous and fastest-growing district. Since being elected to Metro Council in 2015, O’Connell pushed for improved and increased transit and  infrastructure for bicyclists and pedestrians as well as services aiming to house Nashvillians experiencing homelessness. He said his decision to enter the mayoral race stems in part from a desire for clearer policies and more decisive actions surrounding Nashville's response to homelessness and increasing transit needs as the city grows.

Posted by: Kate Prince on Apr 28, 2022
News Type: Legal News

The state attorney general last week asked a Davidson County court to compel Cade Cothren, former top aide to Rep. Glen Casada, R-Franklin, to explain why he refused to obey subpoenas issued in a campaign finance probe earlier this year, the Tennessean reports. Cothren, who left state politics amid a racist and misogynistic texting scandal, was issued two subpoenas during an investigation into the Faith Family Freedom Fund political action committee. Cothren’s attorney, Cynthia Sherwood, called the subpoenas an "abuse of process" and said Cothren would invoke his 5th Amendment right against self-incrimination. Attorney General Herbert Slatery in last week’s court filing argued Cothren had broadly misused that privilege and could not use it as “a blanket shield from testifying or producing requested documents."

Posted by: Kate Prince on Apr 28, 2022
News Type: Legal News

Federal public defenders are asking Gov. Bill Lee to issue a moratorium on all executions, one week after the governor delayed the execution of Oscar Franklin Smith due to “technical oversight” in the lethal injection process, the Tennessean reports. Kelley Henry, chief of the federal public defender's habeas unit, says she wants an immediate independent review of the problem. In a letter to Lee, Henry wrote a review would be “the right thing to do for the residents of this state who deserve to know that the most solemn act of government is approached with the utmost care and professionalism.” Lee issued a temporary reprieve roughly one hour before Smith was scheduled to be executed on April 21, with no explanation. He has said he will release more details Monday.

Posted by: Kate Prince on Apr 28, 2022
News Type: Legal News

Three attorneys selected by Gov. Bill Lee to serve on the state’s appeals court and criminal appeals court were yesterday confirmed to the bench by Tennessee lawmakers, the Times Free Press reports. Hamilton County Criminal Court Judge Tom Greenholtz and Knox County Criminal Court Judge Kyle Hixson were both confirmed to the Tennessee Court of Criminal Appeals, Eastern Division. Jeffrey Usman, an associate professor of law at Belmont University College of Law, was confirmed to serve on the Tennessee Court of Appeals, Middle Division. In a release announcing their appointments in March, Lee said he was sure the nominees would “serve our state with the highest integrity.” The Nashville Post reported that each appointment would be effective Sept. 1.

Posted by: Suzanne Craig Robertson on Apr 27, 2022

Chief Justice John Roberts delivered today a brief, touching tribute to retiring Justice Stephen Breyer at the end of what was the final oral argument session of Breyer's 28-year tenure on the high court, CBS News reports. His voice breaking with emotion, Roberts noted that Breyer will retire from the Supreme Court at the end of its current term, which will likely conclude by the end of June, meaning the arguments heard by the justices today were the last with Breyer on the bench. NPR has Justice Breyer's remarks, from January when he announced his retirement, about his hope for the "American experiment." 

Posted by: Suzanne Craig Robertson on Apr 27, 2022
News Type: Legal News

Tennessee Gov. Bill Lee will release more details Monday surrounding why he abruptly canceled the execution of Oscar Smith, delaying his previous plan to reveal the reasons this week, the Republican’s spokesperson confirmed. Fox 17 News reports that Casey Black said in an email Tuesday that the governor’s office will “be releasing more information and action steps.” Last week, Lee issued a statement saying there had been an “oversight in preparation for lethal injection” as he granted a temporary reprieve to the 72-year-old Smith. A day later, he said the reprieve was needed because of a “technical oversight,” without explaining further.


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