After detailed analysis of the current real estate market and the short and long-term needs of the Tennessee Bar Association, the TBA Board of Governors and trustees of the Tennessee Legal Community Foundation (TLCF) have decided to market the Tennessee Bar Center in downtown Nashville and look for short term office space while determining long term needs. The TLCF, which owns the Bar Center, created a committee in 2019 to study the space, occupied since 2000 by the TBA and other tenants. Former TBA President Lucian Pera chaired the committee, which worked with Colliers and TBA staff to determine if the TLCF should invest in renovating the office space at 221 4th Avenue North or put the building on the market. Any questions about the building should be directed to TBA Executive Director Joycelyn Stevenson or Mike Driscoll at Colliers.

The story in yesterday’s issue of TBA Today about bar exam passage rates had incorrect data and ranking of schools for first-time test takers. The correct ranking should be as follows: Vanderbilt University Law School graduates recorded the highest passage rate – 100% percent for first timers – followed by University of Memphis School of Law at 94.1%, Belmont University College of Law at 75%, University of Tennessee College of Law at 66.7%, Lincoln Memorial University Duncan School of Law at 50% and the Nashville School of Law at 10%. Access all exam data from the Board of Law Examiners here.

Well-Being Week in Law continues today with a focus on aligning work and personal life with values, goals and interests. Keeping with today’s theme, “Align: Spiritual Well-Being,” the Institute for Well-Being in Law suggests reading the WeWork.com article, “Ways to Incorporate Your Spirituality at Work,” and watching a video featuring law professionals on how they integrate their personal approach to spirituality into their work lives. Today’s activity is an “Awe Walk,” a 15-minute uninterrupted walk without a phone. While walking, look for new and inspiring details on your path, explore and be open to inspiration and take time to reflect on emotions after the stroll has ended. Read more on Well-Being Week in Law.

Understanding and Confronting Unconscious Bias 2.0 is designed to help lawyers avoid bias in the decision-making process and better respond to allegations of bias from clients or third parties. The one-hour program will utilize exercises that help reveal biases, help participants better understand microaggressions and provide tools for improving cross-cultural communication at the organizational and personal levels. Nashville lawyer Luther Wright with Ogletree Deakins will present the program on May 11 from noon until 1 p.m. CDT. Missed the first installment of this program? Catch up here.

The House Finance Committee today considered and passed an amendment to HB1130/SB868, legislation that previously would have created a new statewide chancery court. The latest amendment, which replaces all previous versions of the bill, would create a new Court of Special Appeals composed of three judges, one from each grand division of the state. The governor would appoint the judges, and then the voters would elect each judge through a statewide retention election. Initial terms would begin on Oct. 1 of this year.
 
The Court of Special Appeals would have jurisdiction over appeals of cases challenging the constitutionality of a statute, Executive Order or administrative rule brought against the state, a state department, a state agency or any state official acting in an official capacity. The amendment defines “challenging the constitutionality” as a civil cause of action “alleging a statute, rule or Executive Order is unconstitutional at all times and under all circumstances or has been applied in an unconstitutional manner.” Additionally, the state attorney general could ask the Court of Special Appeals to review a judgement on the issue of constitutionality in a proceeding in which the attorney general has intervened on behalf of the state. Both the Court of Special Appeals and the trial court would have to grant permission for the interlocutory appeal. The original court of jurisdiction would maintain jurisdiction over the remainder of the case and would stay its proceedings until the Court of Special Appeals or Supreme Court ruled on the issue certified. Review by the Court of Special Appeals is de novo.
 
Finally, the amendment provides that the jurisdiction of the Court of Special Appeals would be appellate only, except that it would have original jurisdiction over any case challenging a statute that apportions or redistricts state legislative or congressional districts.  
 
The Court of Special Appeals would sit in the supreme court buildings in Knoxville, Nashville and Jackson and act as a three judge panel with the majority prevailing.
 
HB1130 as amended is scheduled to be on the House floor tomorrow. The Senate Finance Committee is also scheduled to consider the legislation tomorrow, but it is unknown whether Senate leaders have agreed to the House amendment. The legislature is expected to adjourn for the year this week.

Tennessee Bar Exam results show that 306 applicants — 163 first-time test takers and 143 repeat candidates — sat for the February exam. Of the first-time test takers, 60.7% passed — a slight decline from the February 2020 passage rate of 64.1%. For repeat test takers, 28% passed — a decline from 32.1% last year. Combined, all test takers achieved a 45.4% passage rate. Vanderbilt law graduates recorded the highest passage rate – 100% percent for first timers – followed by University of Memphis School of Law at 94.1%, Belmont University College of Law at 75%, University of Tennessee College of Law at 66.7%, Lincoln Memorial University Duncan School of Law at 50% and the Nashville School of Law at 10%. Access all exam data from the Board of Law Examiners here.

The Tennessee Immigrant and Refugee Rights Coalition (TIRC) celebrated the opening of its new Antioch office with a virtual ribbon-cutting ceremony last week, Main Street Nashville reports. The 7,000-square-foot building is located in the heart of Davidson County’s immigrant and refugee community. The coalition decided to relocate when it outgrew space at the Casa Azafràn community center on Nolensville Pike. The new space is designed to give the community a place to gather, host events and attend workshops, leadership training and English classes. It also has a soccer pitch and playground for youth in the area. Through a capital campaign, the organization raised $2.6 million but still needs $275,000 to pay down the rest of the construction debt. Those interested in helping can donate online or mail checks to 3310 Ezell Rd., Nashville, TN 37211.

Carthage attorney Jacky O. Bellar died April 12 at 83. Bellar earned his law degree from the University of Tennessee in 1962. His first job was assistant district attorney general for the Fifth Judicial Circuit. He later served as Carthage City judge and attorney for Smith County government for more than 50 years. He was senior partner in the Bellar & Winkler Law Firm working as legal counsel for several area lending institutions at the time of his death. He also served as legal counsel for the Upper Cumberland Electric Membership Corporation (UCEM), Tennessee Farmers Mutual Insurance Co. and Cincinnati Insurance Co. The family has requested memorials be given to UCEM Cares, 907 N. Main St., Carthage, TN 37030.

Brentwood lawyer Richard A. “Rick” Buerger, 73, died March 28. A graduate of Vanderbilt University Law, Buerger first joined with James Peterson to open a law office. He later was named a partner in the firm of Buerger, Moseley & Carson and stayed with the firm until he retired in 2002. Buerger also served as the attorney for Williamson County for 24 years, chair of the Williamson County Ethics Committee, president of the Williamson County Bar Association, and adjunct professor of health care management at Belmont University. He practiced in almost every area of the law from criminal to family law and from general business to health care law. Memorial donations may be made to Wounded Warrior Project or Tennessee Wildlife Federation, 300 Orlando Ave., Nashville, TN 37209.

Federal officials say they will retry former Pilot Flying J president Mark Hazelwood and two co-defendants next February, Chattanoogan.com reports. The announcement comes after an appeals court threw out their convictions in a fraud case that lasted for months. The 6th Circuit Court of Appeals voted to void the convictions based on the fact that a jury was allowed to hear an inflammatory tape that included racist remarks by Hazelwood. Jury selection will begin on Feb. 1, 2022, at the federal courthouse in Chattanooga. The three company executives were originally charged in 2013 in a scheme to cheat trucking companies out of promised rebates.