TBA Law Blog


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Posted by: Kate Prince on Apr 22, 2021
News Type: Legal News

The TBA’s Legislative Updates podcast is brand new today featuring a detailed status report and explanation of SB868/HB1130, the legislation that would create a statewide chancery court made up of one chancellor from each grand division. The new court would hear any civil cause of action that challenges the constitutionality of a statute, regulation or executive order. Tune in to hear more from the TBA's Director of Public Policy and Government Affairs Berkley Schwarz and TBA lobbyist Brad Lampley of Adams and Reese. Legislative Updates is part of the TBA Podcast Network and can be found on the TBA’s Facebook page, website or anywhere you listen to podcasts.

Posted by: Stacey Shrader Joslin on Apr 21, 2021
News Type: Legal News

Former Roane County attorney Kent Booher, 61, was found guilty of several sex crimes against children by a federal jury on Monday, WBIR reports. Booher was disbarred by the Tennessee Supreme Court in 2014 after pleading guilty in a Loudon County statutory rape case. The new conviction involves two counts of enticement, felony sexual offense against a minor while on a sex offender registry, sex trafficking of a child, and attempted production of child pornography. He is facing 25 years to life in prison, and will be sentenced in August.

Posted by: Stacey Shrader Joslin on Apr 21, 2021
News Type: Legal News

The Federal Bureau of Investigation yesterday arrested a Cookeville man in connection with the Jan. 6 attack on the U.S. Capitol, WKRN reports. Michael Timbrook, 56, appeared before a U.S. Magistrate Judge later in the day. He has since been released with conditions. Timbrook is one of at least 10 arrested in the state in connection with the event. Others are: Eric Munchel, his mother and Blake Austin Reed of Nashville; Matthew Bledsoe from the Memphis area; Joseph Lino Padilla of East Tennessee; and Eric Chase Torrens and Jack Jesse Griffith of Gallatin.

Posted by: Stacey Shrader Joslin on Apr 21, 2021
News Type: Legal News

Gov. Bill Lee today added two lawmakers, House Finance Chair Patsy Hazlewood, R-Signal Mountain, and Senate Speaker Pro Tempore Ferrell Haile, R-Gallatin, to his Financial Stimulus Accountability Group. The move could be interpreted as an effort to discourage the General Assembly from holding a special session later this year to take a direct role in appropriating billions of dollars in federal COVID-19 relief funds, the Tennessee Journal reports. Read the announcement from the governor.

Posted by: Stacey Shrader Joslin on Apr 21, 2021
News Type: Legal News

The National Conference of Bar Presidents (NCBP) will be awarding 10 scholarships to bar leaders from diverse backgrounds for the 2021-2022 year. Those selected will receive complimentary registration to the NCBP 2021 Virtual Annual Meeting and 2022 Midyear Meeting, an invitation to join a committee and a complimentary NCBP membership. Applicants should be officers of state or local bar associations that represent women lawyers, LGBTQ lawyers or lawyers of color; minority or affinity bar associations; or small local bars with less than 1,000 members. Diverse officers from local, metro or state bar organizations also are encouraged to apply. Apply here by June 4. For questions, contact Beth Cheng, 312-988-5369.

Posted by: Stacey Shrader Joslin on Apr 21, 2021
News Type: Legal News

The Rutherford County Safe Baby Court held its first graduation recently with a mother of two regaining custody of her children and celebrating a new chapter of her life, the Administrative Office of the Courts reports. Rutherford County Juvenile Court Judge Donna Scott Davenport, who presided over the ceremony, congratulated the mother saying, “You did it. You got that job. You got a home. You got everything. And we are so proud of you.” There are 12 Safe Baby Courts in the state, but the Rutherford program is unique in that it focuses on children who are not yet in foster care. The courts seek to reduce childhood trauma by lessening the amount of time that children are kept away from a stable, healthy home environment after their parents become involved with the justice system.

Posted by: Stacey Shrader Joslin on Apr 21, 2021

Sen. Paul Bailey, R-Sparta, says he will hold off on a proposal to limit the attorney general's power to represent state interests in federal court after Attorney General Herbert Slatery's office expressed willingness to address lawmakers’ concerns, the Tennessean reports. "The commitment is that they are willing to sit down, hear all of our concerns and see if there is not a way that those concerns can be met without fully pulling the solicitor general's office outside of the attorney general's office," Bailey said. The bill would have removed the solicitor general from the attorney general's office and made the position accountable to the legislature.

Posted by: Stacey Shrader Joslin on Apr 21, 2021

Before it adjourned for the year, the House Civil Justice Committee today approved legislation introduced by State Sen. Mike Bell, R-Riceville, and Rep. Andy Farmer, R-Sevierville, that would create a new statewide chancery court, composed of three chancellors, each from a different grand division of the state. The Senate Judiciary Committee passed the bill yesterday before it adjourned for the year. This new court would have exclusive jurisdiction over any civil cause of action that challenges the constitutionality of a statute, regulation or executive order; includes a claim for declaratory judgment or injunctive relief; or is brought against the state or a state department. The measure is one of several proposals introduced this year that would restructure how the state judiciary handles certain cases, but ultimately the House and Senate leadership decided to scrap the other bills and go with this one. Under the latest amendment to SB868/HB1130, the governor would pick three chancellors to serve on the court from the state’s three grand divisions, using a candidate list put together by the Trial Court Vacancy Commission. The chancellors would serve until the August 2022 statewide election, when voters would determine the three chancellors who would serve a full eight-year term. Read background on the proposal from Courthouse News. Tune into TBA’s Legislative Update tomorrow on Facebook Live and the TBA Podcast Network to get additional details on TBA’s lobbying efforts related to this and similar legislation.

Posted by: Stacey Shrader Joslin on Apr 21, 2021

A bill that would protect intellectually disabled inmates from death sentences was approved by committees in both the House and Senate last week. SB1349/HB1062 is one of several proposals that would give inmates on death row the opportunity to have a court determine if they are intellectually disabled, and if so, to have their sentences altered. The Tennessee Black Caucus of State Legislators has been behind these legislative efforts, motivated by the pending execution of Pervis Payne, whose lawyers say has an IQ in the intellectually disabled range.

Posted by: Stacey Shrader Joslin on Apr 21, 2021
News Type: Wellness Wednesday

Professionals across the country are experiencing a late-pandemic crisis of productivity, purpose and enthusiasm, writes New York Times reporter Sarah Lyall. In an investigative piece for the Times, Lyall talks to professionals who feel burned out, exhausted and less productive, engaged and motivated. She also shares feedback from mental health professionals who confirm the burnout is real. Though Lyall does not offer a laundry list of remedies, she does report that some are finding solace through meditating, other spiritual practices, walking, getting regular sleep, and accomplishing small tasks each day such as making the bed. The most important take-away from the piece may be the fact that those experiencing such feelings are not alone, and every day the country is moving closer to returning to office environments that offer structure, camaraderie and inspiration.


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