TBA Law Blog


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Posted by: Liz Slagle Todaro on Mar 3, 2022

Legislation to place residency requirements on Tennessee candidates in congressional primaries advanced yesterday with a House amendment to delay the requirements until after the November election, Knox News reports. The amendment would require eligible candidates to live in the state and district for at least three years prior to the election, but it would not apply to incumbents or new members elected before Nov. 9, 2022. A companion bill in the Senate received near-unanimous, bipartisan support on Monday and would take immediate effect if signed into law. The Senate version likely would disqualify at least one candidate from the Republican primary in the 5th Congressional District. Candidates seeking to run for Congress in the Aug. 4 primaries must qualify by April 7.

Posted by: Suzanne Craig Robertson on Mar 3, 2022
News Type: Legal News

Hamilton County General Sessions Judge Gary W. Starnes has been awarded the Judge Leon Ruben Memorial Award for Excellence, an award intended to bestow an honor upon judges who distinguish themselves in service to the community and the Tennessee General Sessions Judges Conference. The award is named after the late Judge Leon Ruben, who served as a sitting judge in Nashville for 37 years. He also served as a Metro Council member and was known for his excellent contributions to the community. "I am blessed and honored to receive this distinguished award from my colleagues and our judicial conference," Starnes said.

Posted by: Berkley Schwarz on Mar 3, 2022

The Board of Tennessee Lawyers’ Fund for Client Protection (TLFCP) filed a petition with the state Supreme Court today, requesting the court amend Tennessee Supreme Court Rule 9 to increase attorney registration fees from $170 to $185 and in turn increase the allotment of the fee that goes to TLFCP to $25 per attorney, improving TLFCP’s ability to reimburse claimants for losses caused by dishonest attorneys. Additionally the TLFCP is asking the court to amend Rule 25 to raise the attorney cap from $250,000 to $400,000 upon recommendation of the board and with approval of the court.

Posted by: Liz Slagle Todaro on Mar 3, 2022
News Type: TBA CLE

Make plans now to join the TBA Bankruptcy Section for the 17th Annual Bankruptcy Law Forum May 13-15 in Gatlinburg. The program offers 10 hours of CLE, including three hours of ethics credit. Registration is limited for this in-person program, so don't delay in reserving your spot for this unique program in a wonderful and relaxing setting. This year’s forum is sponsored by Butler Snow, Miller & Martin and Woolf, McClane, Bright, Allen & Carpenter.

Posted by: Liz Slagle Todaro on Mar 3, 2022
News Type: BPR Actions

Williamson County lawyer Wendell J. O’Reilly was permanently disbarred by the Tennessee Supreme Court today and ordered to pay restitution to his clients. The court determined that O’Reilly, while suspended from the practice of law, knowingly engaged in the unauthorized practice of law; failed to adequately communicate with his clients; knowingly misled courts, clients and third parties; knowingly charged excessive fees; failed to safeguard client funds; knowingly failed to comply with final court orders; engaged in conduct prejudicial to the administration of justice; and failed to respond to the board about a disciplinary matter. His actions and omissions were found to violate the Rules of Professional Conduct 1.4, 1.5, 1.15, 3.3, 4., 5.5, 8.1 and 8.4(a), (b), (c), (d) and (g).

Posted by: Suzanne Craig Robertson on Mar 3, 2022

The group of students who integrated Memphis schools more than 60 years ago were honored with a resolution by the Tennessee House of Representatives today, the Commercial Appeal reports. “After six decades, the state legislature is now honoring the Memphis 13 for the challenges they willingly accepted and conquered as young children to advance the cause of civil rights in Tennessee education," said Rep. G. A. Hardaway, D-Memphis. The Memphis 13, a group of 13 Black first graders, integrated four schools in the Memphis city school system in 1961.

Posted by: Suzanne Craig Robertson on Mar 3, 2022
News Type: Upcoming

The Annual Belmont Criminal Law Journal Symposium, "Global Perspectives: Criminal Justice Reform in the United States and Around the World," is March 4. The free, virtual symposium will compare and contrast criminal justice reform in the United States to nations around the world. The topics will include pre-trial rights, appointment of counsel, plea bargaining, trial diversion programs and reentry reform.

Posted by: Suzanne Craig Robertson on Mar 3, 2022
News Type: Election 2022

General Sessions Judge Don A. Layton announced plans to seek a fourth term in Anderson County's General Sessions Court, Division I. He has presided over the court since 1998. Prior to taking the bench, he served as clerk & master for Anderson County and had an active private law practice. Layton has been chosen as president of the General Sessions Judges Conference. He is a frequent instructor and lecturer at state and educational conferences and a member of the Anderson County Bar.

Posted by: Suzanne Craig Robertson on Mar 3, 2022
News Type: Election 2022

The issue of juvenile transfer to adult court is central to the race for district attorney general in Shelby County. Incumbent District Attorney General Amy Weirich, a Republican, is seeking reelection and three Democratic candidates are vying for the nomination to challenge her. The issue is one that sets the Democratic candidates apart from Weirich: All three believe that under the status quo, too many juveniles are transferred to adult court. In contrast, Weirich says Shelby County has more juvenile transfers than any other county in Tennessee simply because it has more people and thus more crime. The Commercial Appeal also looks at Weirich's advocacy for “truth in sentencing” laws.

Posted by: Stacey Shrader Joslin on Mar 3, 2022
News Type: BPR Actions

Georgia lawyer Allison S. Hines Ficken and Ohio lawyer Daniel Michael Spirko were recently reinstated to the practice of law after having been on inactive status for more than five years. Ficken was reinstated effective Feb. 8. Spirko was reinstated effective Feb. 4.


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