TBA Law Blog


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Posted by: Suzanne Craig Robertson on Aug 30, 2021
News Type: BPR Actions, Legal News

A 48-page report filed last week by a three-person hearing panel from the Board of Professional Responsibility outlines what it says are a series of ethical violations by Nashville lawyer Brian Manookian, the Tennessean reports. Manookian faces possible disbarment for threats and perjury that led to a mother temporarily losing custody of her child. Manookian, who has denied wrongdoing, argues that the incidents reported by the panel have no bearing on his work as a lawyer and do not fall under the board's purview.

Posted by: Suzanne Craig Robertson on Aug 30, 2021

Tennessee House Speaker Cameron Sexton has selected members to serve on the House’s redistricting committee. According to a news release reported by the Associated Press, Sexton’s office on Thursday said the committee will include eight Republicans and four Democrats. Deputy Speaker Curtis Johnson, R-Clarksville, will chair the committee, and Speaker Pro Tempore Pat Marsh, R-Shelbyville, will be the committee’s vice chair.

Posted by: Suzanne Craig Robertson on Aug 30, 2021
News Type: Legal News

Gov. Bill Lee has appointed Ryan Spitzer to serve as circuit court judge for the 7th Judicial District, filling the position held by Donald R. Elledge before his retirement. The appointment is effective immediately, the Administrative Office of the Courts said in its announcement. Spitzer formerly served as an assistant district attorney general for the 7th Judicial District, which covers Anderson County. 

Posted by: Suzanne Craig Robertson on Aug 30, 2021

Two Shelby County families have filed a lawsuit stating the executive order allowing parents to opt their children out of school mask mandates violates the American with Disabilities Act, NewsChannel 11 reports. Filed Friday, the lawsuit names Gov. Bill Lee and Shelby County as defendants and two Shelby County students, represented by their parents, as the plaintiffs. Earlier last week Shelby County filed suit against the governor, calling for Executive Order No. 84 to be revoked under 14th Amendment protections. It argues that children who are not eligible for the vaccine have no protection against exposure to students infected with COVID-19, “potentially causing them to suffer fear, uncertainty and possibly even death.”

Posted by: Suzanne Craig Robertson on Aug 30, 2021
News Type: Election 2022

Blount County Assistant District Attorney General Ryan Desmond, who has served since 2010, recently announced his intent to run for district attorney general in 2022, The Daily Times reports. Since 1977, only two district attorneys general have been voted into office for Blount County’s judicial district; Mike Flynn, the second elected, has served since 1990. Flynn has not officially announced retirement, but he has indicated he is in support of Desmond’s run, according to the paper.

Posted by: Suzanne Craig Robertson on Aug 30, 2021
News Type: Legal News

Attorney General Herbert H. Slatery III, leading a 20-state coalition, filed a lawsuit in the Eastern District of Tennessee today, seeking to stop the Biden Administration from enforcing more broadly interpreted federal antidiscrimination laws. "The complaint challenges federal guidance issued by the Equal Employment Opportunity Commission and the Department of Education concerning issues of enormous importance," a release from Slatery's office says. "The guidance purports to resolve highly controversial and localized issues such as whether schools must allow biological males to compete on girls’ sports teams, whether employers and schools may maintain sex-separated showers and locker rooms, and whether individuals may be compelled to use another person’s preferred pronouns."

Posted by: Barry Kolar on Aug 30, 2021

The Tennessee Supreme Court recently amended Supreme Court Rule 9, Sections 31.3(f) and 34.3(a) dealing with lawyer disciplinary proceedings. The changes, which went into effect with the filing of the order on Aug. 24, more explicitly describe parts of the process, but do not change current practices.

Posted by: Suzanne Craig Robertson on Aug 30, 2021
News Type: Passages

Memphis lawyer Jerry Edward Mitchell, who would have turned 79 today, died Aug. 26. He earned his law degree from Georgetown University, worked in the office of Sen. Albert Gore Sr., served the JAG Corps as a lieutenant in Vietnam, received an honorable discharge and returned to Memphis in 1971 to practice law. He then joined with John Thomason, Frank Crawford, Roy Hendrix, Al Harvey and Kim Johnson to begin the law firm known today as Lewis Thomason.  Following private burial, a memorial service will be at 2 p.m. Sept. 3 at Hope Church, 8500 Walnut Grove Road, Cordova, TN. The service will also be livestreamed. For details about this or a forthcoming secular celebration, email the family at jerryemitchellfamily@gmail.com. In lieu of flowers, the family has asked that donations be made to Autism Speaks, The Arc Mid-South, the University of Memphis or Germantown Performing Arts Center.

Posted by: Kate Prince on Aug 30, 2021

Davidson County Circuit Court Judge Hamilton Gayden confirmed last week that he will not seek reelection in 2022. Gayden was appointed in 1974 by then-Gov. Winfield Dunn and has served 47 years on the bench — the longest judicial tenure in the state. "It's been an honor and a privilege to serve the citizens of Davidson County,” Gayden said in a statement. “I will miss being on the bench but at 82 years old, it is time to hand the gavel over to a younger judge." 

Posted by: Stacey Shrader Joslin on Aug 30, 2021

The Tennessee Supreme Court has issued an order seeking comments on proposed amendments to the Tennessee Rules of Appellate Procedure and Rules of Civil Procedure. The amendments were recommended by the Advisory Commission on the Rules of Practice & Procedure at its June 11 meeting. Comments should be submitted by Nov. 23 to the attention of Appellate Clerk James Hivner, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219.


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