The TBA is seeking a part-time Special Programs Coordinator (hereafter referred to as the SPC) of the Tennessee Bar Association (“TBA”) to provide organizational and administrative support to the TBA and its activities, and work directly with the Executive Director. The individual is expected to work semi-independently and manage multiple projects at one time. Learn more and find out how to apply.

Tennessee Rep. Chris Todd, R-Madison County, and Sen. Paul Rose, R-Covington, are moving SB282/HB1386, which will cap attorneys’ fees for attorneys representing both counties and county officials in lawsuits, provided for in T.C.A. 8-20-102, brought by county officials, including sheriffs, clerks and registers of deeds, if the county refuses to provide the resources required to perform their duties. The TBA has spent hours working with the sponsors on legislation that would implement judicial oversight to ensure that fees are reasonable, but the amendment to the bill that will be considered by the House Local Government Committee on Tuesday still caps attorneys’ fees at $35,000, among other things.

Please take a minute to reach out to the members of the House Local Government Committee by calling or emailing them and asking them to oppose HB1386 when it is considered by the committee next week. Passing legislation that caps attorneys’ fees is a terrible precedent and must be stopped. The amendment provides that if fees for either party exceed $35,000, or the amount of recovery for the first budget year of the petitioner, the fee and expense plan is presumed to be unreasonable, and that presumption may only be overcome by clear and convincing evidence.

The U.S. Senate yesterday passed legislation aimed at combating a rise in hate crimes against Asian Americans during the coronavirus pandemic, The Hill reports. The bill, which passed 94-1, now goes to the House of Representatives where leaders are expected to bring up their version of the legislation. The bill directs the Justice Department to designate an official to review coronavirus-related hate crimes and strengthen state and local resources. The move comes after a California State University study of 16 cities found a 149% increase in hate crimes targeting Asian Americans in 2020.

Private prison operator CoreCivic has reached an agreement in principle to pay $56 million to settle a 2016 lawsuit filed by shareholders who accused the company of inflating stock prices by misrepresenting the quality and value of its services. CoreCivic’s stock initially fell when the federal Department of Justice said it would no longer work with private prison operators. But the company argued that the DOJ directive was rescinded by the Trump administration and stock prices went on to fully recover. It says it decided to settle the suit to eliminate the risk, cost and distraction litigation would have caused. A jury trial had been scheduled to begin on May 10, the Associated Press reports.

The U.S. Supreme Court is leaving in place an appeals court decision that Tennessee’s rationing of life-saving hepatitis C drugs to prisoners was constitutional, the Associated Press reports. The court decided this week it would not take up an appeal of the U.S. 6th Circuit Court of Appeals' decision from last August. The appeals court sided with the trial court that state officials did not act with deliberate indifference to prisoners’ medical needs and were reasonable in prioritizing the sickest patients for treatment. The prisoners sued the Tennessee Department of Corrections in 2016 for indifference to their serious medical needs.

Acting U.S. Attorney for the Middle District of Tennessee Mary Jane Stewart and Tennessee Attorney General Herbert Slatery announced this week that they reached agreements with Comprehensive Pain Specialists and its four majority owners for $4.1 million to settle all federal and state claims involving allegations of wrongdoing, Tennessee Lookout reports. Among the group of owners is former Republican state Sen. Steve Dickerson, who maintains he did nothing wrong. The company, formerly based in Brentwood, operated more than 40 pain clinics in 12 states until it closed in 2018. Federal and state prosecutors accused the owners of making false claims for medically unnecessary and/or non-reimbursable testing and acupuncture. The suit originally sought $50 million in civil damages.

The Tennessee Faith & Justice Alliance will hold a free training and discussion on the “Role of Faith-Based Communities in Addressing Sexual Assault” next Thursday at 2 p.m. CDT. The event will begin with a 30 minute training on mandatory reporting laws in Tennessee, followed by a panel of experts addressing best practices for supporting assault survivors and building safer communities. Participants include Henry County General Sessions and Juvenile Court Judge Vicki Snyder; Kathryn Ellis, executive director of the Knoxville Family Justice Center; Shan Foster, executive director of AMEND Together and vice president of external affairs at the YWCA of Nashville and Middle Tennessee; and Sharon Travis with the Sexual Assault Center in Nashville.

The state Senate unanimously approved a bill this week limiting the use of chokeholds by police officers, banning “no knock” warrants, requiring law enforcement officials to intervene if they observe excessive force, and mandating de-escalation training for all law enforcement. Sen. Mike Bell, R-Riceville, led the charge to pass the bill and acknowledged during the floor debate that the bill does not do away completely with choke holds. Instead, the bill prohibits chokeholds unless “an officer reasonably believes that deadly force is authorized,” he explained. The bill, SB1380/HB1406, is scheduled for consideration by the House Criminal Justice Committee next week. WKRN reports on the story.

B. Keith Faulkner has been selected to serve as the next president and dean of the Appalachian School of Law, the Bristol Herald Courier reports. Faulker joins the Grundy, Virginia, school after serving as dean of Liberty University School of Law in Lynchburg, Virginia. He previously was interim dean of Campbell University School of Law in North Carolina. Faulkner will assume his new role July 1. He succeeds Elizabeth A. McClanahan, a former Virginia Supreme Court justice who will become president of the Virginia Tech Foundation. Read more from the school.

Two bills backed by Gov. Bill Lee as part of his criminal justice reform package passed the state House yesterday with overwhelming support, the Citizen Tribune reports. HB784/SB0767 is designed to keep nonviolent offenders out of prison, especially those suffering from mental and substance abuse issues. HB785/SB0768 creates an assumption that incarcerated individuals will be released on parole when eligible and incorporates provisions for mandatory reentry supervision. Both bills have passed the Senate Finance, Ways, and Means Committee and are awaiting floor action in that body.