TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 9, 2021

The Tennessee House Select Committee on Redistricting held its first meeting yesterday, the Nashville Post reports. Those appearing before the committee included U.S. Rep. Jim Cooper, D-Nashville, who asked members to keep Nashville’s congressional district intact. “In previous redistricting rounds, the general feeling was let’s keep districts as close as you can. I hope and pray for Nashville’s sake that that’s done this time,” Cooper said. Others who testified included representatives from the NAACP, League of Women Voters and Equity Alliance, who asked lawmakers to conduct a transparent process. The meeting was the first of several expected hearings. Members of the public and community organizations can submit proposed maps of their own through a sitting member of the legislature until November. The General Assembly is expected to approve new maps shortly after returning to session early next year.

Posted by: Stacey Shrader Joslin on Sep 9, 2021
News Type: Legal News

The American Bar Association has approved the nation’s first online-only law degree program, Above the Law reports. The new program will be run by St. Mary’s University School of Law, which already operates a law school in San Antonio, Texas. According to the school, additional specifics are not yet available. “We are still working through the approval process ... and look forward to sharing more information ... next month,” said Jennifer Lloyd, senior director of communications at St. Mary’s University. “Once approved, St. Mary’s will release the details for this innovative proposed program.”

Posted by: Stacey Shrader Joslin on Sep 9, 2021

The U.S. Senate Judiciary Committee will hold a hearing to examine the U.S. Supreme Court's use of the so-called shadow docket, which refers to when the justices make decisions on emergency applications without full briefing or argument. The docket, critics argue, is increasingly being relied on in high-profile public policy disputes. The court recently used the truncated process to rule on significant disputes over immigration policy and federal eviction protections, and to leave intact a new Texas law that bans most abortions, The Hill reports. No date has been set yet for the hearing.

Posted by: Stacey Shrader Joslin on Sep 9, 2021
News Type: Legal News

The Jackson City Council this week voted to fund a full-time gang prosecutor, making a previously grant-funded position permanent, the Jackson Sun reports. The position had been funded by a federal grant since 2013, but that funding ended in June. Madison County District Attorney General Jody Pickens said losing the position would “have been a step backward” in dealing with gang issues. The new funding will allow Pickens to reinstate Bradley Champine, the assistant district attorney who had been serving as the gang prosecutor under the grant. The office also says it will continue an educational component that was part of the grant that supports local nonprofits working alongside the Jackson Police Department to educate children on the dangers of gang involvement.

Posted by: Stacey Shrader Joslin on Sep 9, 2021
News Type: Legal News

The Shelby County Juvenile Justice Consortium, a citizen-led board created to hold the juvenile justice system accountable, is recommending that the U.S. Department of Justice conduct a new evaluation of the juvenile court and reopen its memorandum of agreement with the court. The previous memorandum of agreement ended in 2018. The consortium presented its recommendation to the county commission this week saying that while progress has been made, questions remain about transfers to adult court, disproportionate impact to Black youth, lack of mental health programming, and reports of youth fearing for their safety. It also presented a list of proposed actions that could be taken to address concerns if the commission does not support a new federal review. The commission deferred a vote on the recommendations until Sept. 22, the Commercial Appeal reports.

Posted by: Stacey Shrader Joslin on Sep 9, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court will hear oral arguments in person for the first time since the COVID-19 pandemic when it begins its new session in October. In a statement released yesterday, the court said that oral arguments scheduled for October, November and December will be heard in the courtroom. Courtroom access will be limited to the justices, essential court personnel, counsel in the scheduled cases and journalists. The sessions will not be open to the public but the court plans to provide a live audio feed of the proceedings. The court building remains open for official business but closed to the public.

Posted by: Stacey Shrader Joslin on Sep 9, 2021
News Type: TBA CLE, Upcoming

The TBA invites lawyers to join a roundtable discussion on Sept. 21 from noon to 1 p.m. CDT to learn more about hybrid law firms, which combine elements of working in-person at the office and remotely from home or elsewhere. In 2020, many firms transitioned to fully remote law practices. Now, as businesses reopen their traditional offices, it’s worth asking: how should remote work shape the future of legal practice? Join Nefra MacDonald, affinity partnerships manager at Clio, as she talks about the hybrid law firm model including the advantages it offers and the important considerations to keep in mind when implementing a hybrid system. The event is free for TBA Members. CLE credit is available for a $45 fee. Please contact TBA Education Director Jennifer Vossler to request CLE credit.

Posted by: Kate Prince on Sep 8, 2021

U.S. District Judge Ronnie Greer in Knoxville has denied the request for a temporary restraining order against Gov. Bill Lee’s Executive Order 84, which allows parents to opt out of school mask mandates, the Associated Press reports. The parents of three Knox County Schools students filed suit against Lee’s order last week. Greer ruled that the plaintiffs didn’t file an affidavit or verified complaint, so they “have not demonstrated that they would suffer immediate and irreparable injury or loss.” A hearing is set for next week to address the lawsuit’s request to block the executive order and require a mask mandate in Knox County Schools, where officials have voted against instituting one. Greer's ruling is at odds with a similar case in Shelby County, where a federal judge in Memphis last week temporarily blocked Lee's order after a suit was filed by the parents of children with health problems.

Posted by: Kate Prince on Sep 8, 2021
News Type: Legal News

Events were held today in Knoxville, Memphis, Murfreesboro and Nashville marking the one-year anniversary of weekly rallies calling for justice for Pervis Payne, Main Street Nashville reports. Payne has been on death row for more than 30 years for the 1987 murder of a Shelby County resident and her daughter. Gov. Bill Lee delayed Payne’s execution last year, but the reprieve expired in April. Payne’s attorney and federal public defender, Kelley Henry, says the state Supreme Court could reset Payne’s execution date at any time. She pointed out that a law signed by Lee earlier this year gives those with intellectual disabilities the chance to appeal their death sentences and said Payne was in the process of appealing. According to the Innocence Project, Payne has an IQ score between 68 and 72, and the reading and writing skills of a child. Henry said a hearing is set for Dec. 13.

Posted by: Kate Prince on Sep 8, 2021
News Type: Election 2022

Memphis City Council member and attorney JB Smiley Jr. formally announced today that he will run for the Democratic nomination for governor, the Daily Memphian reports. Smiley kicked off his campaign in the lobby of the Orpheum theater where he touted a campaign plan he says is different from past Democratic statewide campaigns. “We need to talk about education. We need to talk about how we are going to expand Medicaid,” Smiley said. “We need to talk about what we are going to do with this infrastructure. … We need broadband access.” Other contenders in the Democratic primary include Nashville physician Dr. Jason Martin, North Memphis activist Carnita Atwater and Casey Nicholson of Greeneville. Smiley opened Smiley & Associates in 2017.


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