Attorneys for Metro Nashville and the Davidson County Election Commission were back in court yesterday, debating whether the commission acted in bad faith in its decision to block a Metro-supported proposal from being placed on the same ballot as the property tax referendum, the Tennessean reports. The property tax referendum seeks to limit the city’s power over property tax increases and recall elections, among other things, while the Metro-backed proposal would preserve the current Metro Charter. The commission voted 3-2 last month to let the court decide on the proposal, a decision that Metro attorneys yesterday deemed “action by inaction.” Metro attorney Cate Pham claimed the commission “slow walked” its decision, deliberately delaying approval so that the measure wouldn’t appear on the July 27 ballot. Representing the commission, attorney Jim Blumstein of Vanderbilt and Austin McMullen of Bradley Law Firm, defended the decision to send the resolution to the court due to the lack of clarity on Metro’s proposal and the “self-destructive” provision written into it that demanded it be put on the July 27 ballot.

Brandon O. Gibson, chief operating officer for the state, will give a keynote address during the 2021 Bench Bar Luncheon. She will join Gov. Bill Lee’s deputy chief counsel, Lang Wiseman, for the presentation. Gibson was appointed to the Tennessee Court of Appeals by former Gov. Bill Haslam where she served for more than four years before joining Lee’s team as senior advisor, focusing primarily on rural and criminal justice initiatives. She was named COO of the state in May 2020. Gibson has served as the chair of the Board of Judicial Conduct and is a former co-chair of the TBA’s Public Service Academy and Leadership Law programs. The Bench Bar Luncheon will take place live in Memphis during the TBA’s annual convention and can be livestreamed for virtual convention registrants. Virtual registration is still open.  

Davidson County Chancellor Ellen Hobbs Lyle announced this week that she will not seek re-election after more than three decades on the bench, the Tennessean reports. Lyle confirmed the decision in a letter to the Nashville Bar Association, stating that she’d made plans to retire last fall before a failed attempt by Republican state lawmakers to remove her. House Resolution 23 was filed by Rep. Tim Rudd, R-Murfreesboro, and took issue with Lyle’s 2020 ruling to expand absentee voting. Lyle was appointed in 1995 during Republican Gov. Don Sundquist’s administration. In 2015, the state Supreme Court chose Lyle to run the state's first business court pilot project. “As has always been the case with me, life is unpredictable, and 2021 has been true to form," she said in her letter.

Sports law leaders from across the state will assemble for a virtual presentation on June 29 from 3 to 4 p.m. CDT during the Sports Law Panel: At the Intersection of Diversity and Sports program. The panel will be moderated by Luther Wright Jr. from the Nashville office of Ogletree Deakins and will feature Adolpho Birch from the Tennessee Titans, Heidi Bundren with the Nashville Predators and Joe Kennedy with the Nashville Soccer Club. Panelists will discuss the role of diversity, equity and inclusion in sports law, how organizations are responding and how lawyers can serve as leaders and be a part of this change. Entertainment & Sports Law members will receive special pricing for the program. Not a member? Join the section for additional savings and benefits.

Memphis attorneys AC and Ruby Wharton will be honored next week with the presentation of the TBA YLD Fellows William M. Leech Jr. Public Service Award. “AC and Ruby Wharton are the embodiment of excellence in service to the profession, the legal system and our community,” Fellows President and Memphis attorney Danny Van Horn says of the pair. “Each has contributed in their own way to the life of our profession, our community and the people we serve. They are the embodiment of 1 plus 1 can equal 3.” The Leech Public Service Award will be presented during the Tennessee Bar Association's Lawyers Luncheon on June 18.

The Tennessee Department of Revenue recently announced that the state’s tax filing website will be getting a fresh look and feel in late June. The department says the site will offer a “cleaner look with information displayed in panels” and each panel will have quick links to make it easier to file and pay. An "action center" tab will list what is due, including payments, renewals and returns. Those who do not yet have an authentication code set up, will be prompted to do so by the system. More details about the upgrade are posted at www.TNTAPInfo.com.

The U.S. Supreme Court on Monday refused to allow immigrants who receive "temporary protected status" — which enables them to stay in the United States on humanitarian grounds — to apply to become permanent residents if they entered the country without documentation. Writing for the unanimous court, Justice Elena Kagan said that "because a grant of TPS does not come with a ticket of admission, it does not eliminate the disqualifying effect of an unlawful entry." Reuters has more on the story.

President Joe Biden has replaced former President Donald Trump’s executive orders that sought to ban downloads of the Chinese-owned apps TikTok and WeChat, The Hill reports. In place of bans, Biden directed the Commerce Department to conduct an “evidence-based” analysis of risks posed by software and apps designed and developed by a foreign adversary that may represent an “undue or unacceptable risk to the national security” to the American people. In addition to TikTok and WeChat, Biden’s order covers eight other communications and financial software applications.

The Tennessee Supreme Court yesterday suspended Davidson County lawyer Karl Emmanuel Pulley from the practice of law for one year, with 30 days to be served on active suspension and the remainder on probation so long as he engages a practice monitor. The court took the action based on four complaints. Pulley executed a conditional guilty plea acknowledging he failed to reasonably communicate with clients regarding their cases; failed to act in a diligent manner and expedite clients’ litigation; failed to timely respond to discovery requests; charged a non-refundable fee without the client executing a written fee agreement; accepted client referrals from a non-registered intermediary organization; and failed to take reasonable steps to protect a client’s interest after terminating representation. Pulley’s actions violated Rules of Professional Conduct 1.3, 1.4, 1.5, 3.4(d), 1.16, 7.6 and 8.4(a).

The Hamilton County Commission voted unanimously today to appoint Joan Carter, widow of the late Rep. Mike Carter, to his House seat until a special election is held. All nine members voted in favor of the appointment, the Times Free Press reports. A primary to fill the seat will be July 27 with the general election on Sept. 14. District 29 represents Ooltewah, Collegedale and Harrison. Carter died in May after a battle with pancreatic cancer. He was a Hamilton County General Sessions judge, attorney and businessman. Yahoo News also has the story.