The ABA Journal last month profiled Nashville attorney and federal public defender Kelley Henry and her work advocating for those on death row. Henry, based in Nashville, has served as the chief of the Capital Habeas Unit at the Federal Public Defender's office for the Middle District of Tennessee since 2003 and has been co-counsel in more than 30 capital cases during her career. The article details Henry’s representation of Lisa Montgomery, who was executed by the federal government on Jan. 13. Henry had argued that Montgomery was incompetent for execution and Henry even tested positive for COVID-19 while working to defend her client. “I see myself as someone who is defending the Sixth Amendment, the Eighth Amendment, the 14th Amendment, because if you say it’s OK to violate those rights because you just don’t like my guys, then your rights are next,” she said of her job. Henry is a member of the TBA and its Federal Practice and Criminal Justice sections. Read the full article.

Don’t miss TBA CLE’s Advanced Issues in Arbitration Law webcast, airing May 10 from noon until 1 p.m. CDT. This program provides a roadmap for some of the most frequent questions that arise, including discovery issues, subpoenas, interim relief, dispositive motions, evidentiary standards and post-award disputes. Particular emphasis will be placed on the rules of the American Arbitration Association. Continuing Mediation Education (CME) is available through this course. Use the prepaid CLE credits that come with your TBA Complete Membership. Not a TBA member? Join now to start saving! 

HB1072/SB915, legislation from Sen. Brian Kelsey, R-Germantown, and Rep. Michael Curcio, R-Dickson, that would have banned local governments from filing lawsuits to challenge the constitutionality of state laws, was amended and passed by the Senate today on a 17-10 vote. The amended legislation provides that in a suit brought against the state, department, agency or official that challenges the constitutionality of a state statute, the state may appeal as of right from an interlocutory order of a circuit or chancery court that grants, continues or modifies an injunction; or denies a motion to dissolve or modify an injunction. The amended bill will now be considered by the House.

Additionally, today the Senate passed SB868, as amended by the Senate Finance Committee, to create a statewide chancery court, despite the House passing a version of the bill that would create a Court of Special Appeals. As reported last night, the two chambers will have to work out their differences in a conference committee. House members appointed to the conference committee are Rep. Andrew Farmer, R-Sevierville; Rep. Michael Curcio, R-Dickson; Rep. Johnny Garrett, R-Goodlettsville; and Rep. Darren Jernigan, D-Old Hickory. As of press time, the Senate had not yet announced its members of the conference committee. Earlier today, the Senate announced it will adjourn for the year tonight.

The TBA continues to work with lawmakers on these bills. To learn more about TBA’s lobbying efforts related to these bills and other legislation this session, tune in tomorrow to TBA’s Legislative Update on FacebookLive or the TBA Podcast Network. TBA Executive Director Joycelyn Stevenson will sit down with TBA Director of Public Policy and Government Affairs Berkley Schwarz and TBA lobbyist Brad Lampley of Adams and Reese to discuss the final days of the legislative session.

Tennessee Rep. Justin Lafferty, R-Knoxville, is facing criticism for remarks he made on the House floor yesterday during debate on whether educators should be restricted when teaching about racism in America. According to New Channel 5, Lafferty said the 18th century policy designating a slave as three-fifths of a person was adopted for “the purpose of ending slavery.” Black Caucus Chair Rep. Antonio Parkinson, D-Memphis, called the comment "alarming," and insulting when other Republican members clapped for Lafferty. The Three-Fifths Compromise was adopted in 1787 during the nation’s Constitutional Convention. It classified an enslaved person as three-fifths of a person for the purpose of apportioning taxes and states’ representation in Congress.

The 6th Circuit Judicial Council for the Selection of Bankruptcy Judge Nominees announced today that it is considering five candidates to fill the bankruptcy judge position in the Eastern District of Tennessee at Greeneville. They are: Jason A. Burgess of Atlantic Beach, Florida; Tiffany A. DiIorio of Knoxville; Rachel R. Mancl of Johnson City; M. Aaron Spencer of Knoxville; and Jamie Fowler Wiley of Peoria, Illinois. The council must now narrow the list to three recommended candidates. The final selection will be made by the U.S. Court of Appeals for the 6th Circuit. Anyone who wishes to submit written comments regarding the nominees should do so no later than May 21. Comments should be mailed to the Office of the Circuit Executive, 503 Potter Stewart U.S. Courthouse, 100 East Fifth St., Cincinnati, Ohio 45202 or emailed to CA06-CECourtAdmin@ca6.uscourts.gov. Contact Circuit Executive Marc Theriault at 513-564-7200 for more information.

The Memphis Bar Foundation, the philanthropic arm of the Memphis Bar Association, has presented its grant awards for 2021. Recipients include CasaLuz, Center for Excellence in Decision-Making, Community Legal Center, Juvenile Intervention & Faith Based Follow Up, Kindred Place, Memphis Area Legal Services, Mid-South Community Justice & Mediation Center, Mid-South Immigration Advocates, National Civil Rights Museum and the Tennessee Innocence Project. Programs funded by the grants range from services for immigrant victims of violence to elder abuse prevention to representation for the wrongfully convicted. See the full list of projects.

Judge Dabney L. Friedrich of the U.S. District Court for the District of Columbia today vacated a freeze on evictions that was designed to help cash-strapped renters remain in their homes during the COVID-19 pandemic. In a 20-page ruling, Friedrich said the agency exceeded its authority with the temporary nationwide ban. A number of other federal judges have ruled on the eviction ban, with landlords holding a slight advantage in their win-loss record against the federal government, The Hill reports. But while some judges have limited the scope of their rulings to just the parties involved in the suits before them or the jurisdictions they oversee, Friedrich applied the ruling nationwide. The Department of Justice had urged the judge to limit the scope to the plaintiffs in the suit. Within hours of the ruling, the department confirmed it had filed a notice of appeal and asked for a stay of the decision pending appeal. The moratorium was set to expire June 30.

Nashville Mayor John Cooper yesterday appointed 11 members to the new Community Safety Partnership Advisory Board, which will provide recommendations for how to spend nearly $1.5 million in grants to prevent and reduce violence in the city. The board will work with Ron Johnson, who Cooper named Nashville’s first community safety coordinator in March. Members include Davidson County Juvenile Court Judge Sheila Calloway, Andrés Martínez with Conexión Américas, and representatives from educational, social services and medical entities. Read more from the Tennessean.

For those still needing to meet their 2020 CLE requirements, TBA CLE has you covered with over 240 live virtual or on-demand courses by practice area and/or topic at cle.tba.org. In addition to our convenient catalog, we have curated two CLE packages for the 2021 Spring Blast — a 15-Hour Ethics Package and an 8-Hour Ethics Package. These packages are available now through June 30. And don’t forget, all in-person CLE requirements have been waived for 2021 so all CLE can be taken online.

Two open positions will be filled by the Tennessee Bar Association Board of Governors at its meeting on June 18 in accordance with Article 47 of the TBA Bylaws. The West Grand Division Governor Position 2 and Third District Governor seats are open. The West Grand Division seat represents Benton, Carroll, Chester, Crockett, Decatur, Dyer, Fayette, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Shelby, Tipton and Weakley counties. The Third District seat represents Bledsoe, Bradley, Hamilton, Marion, McMinn, Meigs, Monroe, Polk and Rhea counties. If you would like to be considered for one of these positions, please contact TBA Executive Director Joycelyn Stevenson at barED@tnbar.org by June 1. Please include a resume and details about your interest in filling the vacancy.