TBA Law Blog


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Posted by: Kate Prince on Jul 19, 2021
News Type: Legal News

Longtime Memphis attorney and former Shelby County commissioner, Walter L. Bailey Jr., was honored last week for his work and passion for civil rights, the Commercial Appeal reports. Bailey and several others were honored with Impact Awards from the Memphis Memorial Committee during a ceremony for the unveiling of a new statue of Ida B. Wells on Beale Street. The awards are given to those who shared Wells’ passion for racial justice and equality. Bailey took Tennessee v. Garner to the U.S. Supreme Court in 1974, resulting in a ruling that made it illegal for police to shoot a fleeing suspect who posed no imminent danger. The former Shelby County Jail was renamed the Walter L. Bailey Jr. Criminal Justice Complex in his honor.

Posted by: Kate Prince on Jul 19, 2021
News Type: Legal News

Death row inmate Pervis Payne appeared in court on Friday for a hearing, marking his first public appearance since 2007, WPLN reports. Payne’s lawyers are fighting to convince state officials to exonerate him, while simultaneously arguing that his death sentence should be vacated due to U.S. Supreme Court rulings that have deemed it unconstitutional to execute a person with intellectual disabilities. According to the Associated Press, the state has asked for access to Payne’s prison records as part of a planned mental evaluation by a state expert. Payne’s attorney, Kelly Henry, argued that the request was irrelevant, saying the “carte blanche fishing expedition” into Payne’s records could lead into issues that are “distracting.” She believes the state will attempt to use Payne’s good behavior as proof he is not intellectually disabled. Payne’s intellectual disability hearing is set for Dec. 13.

Posted by: Stacey Shrader Joslin & Kate Prince on Jul 19, 2021
News Type: Legal News

Tomorrow is the final day to submit a nomination for the Tennessee Alliance for Legal Services (TALS) annual access to justice awards. The Janice M. Holder Award, the B. Riney Green Award and the New Advocate of the Year award recognize those who have contributed to Tennessee’s equal justice community. The recipients will be recognized during the annual Equal Justice University (EJU) virtual conference Sept. 21-23. Visit TALS’ award nomination webpage for the nomination form and instructions, as well as eligibility and criteria for each award.

Posted by: Kate Prince on Jul 19, 2021
News Type: Your Career

Gov. Bill Lee’s office is now accepting applications for a district attorney general in the 19th Judicial District, which covers Montgomery and Robertson counties. The position will be vacant as of Sept. 1 with the retirement of John W. Carney Jr. It will be filled until the next biennial election in August 2022. Interested attorneys should send a resume and cover letter by mail to Lang Wiseman, Deputy and Chief Counsel to the Governor, State Capitol, First Floor, 600 Dr. Martin Luther King Jr. Blvd., Nashville, TN 37243, or by email to Rebecca Kaunisto. Submissions are due by 5 p.m. CDT on July 30. View the job posting.

Posted by: Kate Prince on Jul 19, 2021
News Type: Legal News

The TBA’s BarBuzz podcast is celebrating the beginning of season three with a new episode, featuring guest co-host Josh Wallis of Memphis law firm Rogers, Brackin & Davis PLLC. In the latest episode, Wallis helps deliver a roundup of top legal news stories from the last month, updates and upcoming events from the bar association and special shout outs to several attorneys from across the state for their recent noteworthy accomplishments. BarBuzz is part of the TBA Podcast Network and can be found online or anywhere you listen to podcasts.

Posted by: Stacey Shrader Joslin & Kate Prince on Jul 19, 2021
News Type: TBA CLE

The TBA's Summer Business Education Webinar Series continues Thursday with a one-hour session on Task Management. Attendees will will learn how to build a master task list and examine a method for daily and weekly planning that will improve your level of organization. The virtual program will run from noon to 1 p.m. CDT and offer one hour of dual CLE credit. The series, designed to help attorneys work smarter not harder, will wrap up on July 29 with Using Core Financial & Productivity Reports.

Posted by: Stacey Shrader Joslin on Jul 16, 2021
News Type: BPR Actions

The Tennessee Supreme Court today issued a corrected order transferring the law license of Hamilton County lawyer Johnny Leon Woodruff to disability inactive status. The court issued its original order on Tuesday. It reports that Woodruff is currently incapacitated from continuing the practice of law and is unable to defend himself against disciplinary complaints pending before the Board of Professional Responsibility.

Posted by: Stacey Shrader Joslin on Jul 16, 2021
News Type: BPR Actions

Davidson County lawyer Ivan Omar Lopez was censured Monday for violating Rule of Professional Conduct Rule 1.15. The court found that in the representation of two clients, Lopez paid the full cost of medical bills out of his operating account rather than paying a portion out of his trust account and the rest out of his operating account as he should have. When he discovered the error, Lopez made a second error in depositing too much into trust, resulting in commingling of $3,149 of his funds with his client funds for two weeks. The court found that his conduct was negligent, not intentional, and did not result in harm to his clients or to the medical provider at issue. As a condition of the censure, the court directed him to attend the Board of Professional Responsibility’s next Trust Account Workshop.

Posted by: Stacey Shrader Joslin on Jul 16, 2021

State Rep. Karen D. Camper, D-Memphis, led a roundtable discussion Monday as part of the Southern Legislative Conference, which was held in Nashville this week. Camper, who is the Tennessee House Democratic Caucus leader and president of the National Organization of Black Elected Legislative (NOBEL) Women, was joined by other legislators of color, who discussed last year’s protests around the 2020 presidential election and this year’s protests around voter suppression. Camper noted the importance of capitalizing on the next generation’s interest in politics, and when opportunities come to pass bills, Black lawmakers should consider whether communities of color will benefit. Tennessee Lookout has the story.

Posted by: Stacey Shrader Joslin on Jul 16, 2021
News Type: Legal News

The Trial Court Vacancy Commission today voted to send three candidates to Gov. Bill Lee for his consideration in filling a seat on  the Seventh Judicial District Circuit Court, which covers Anderson County. After conducting a public hearing and interviews, the commission voted to recommend Dail R. Cantrell of Clinton, Karen G. Crutchfield of Oak Ridge and Ryan Michael Spitzer of Clinton. The vacancy was created by the July 2 retirement of Judge Donald R. Elledge. Read more about the three candidates on the Administrative Office of the Court’s website.


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