Hamilton County lawyer Glen Roy Fagan was suspended today by the Tennessee Supreme Court for six years, with five years to be served on active suspension and the remainder on probation. The court directed Fagan to engage the services of a practice monitor, complete six additional continuing legal ethics hours and reimburse all costs of the disciplinary proceeding. The court found that Fagan, a Georgia lawyer employed as in-house counsel in Tennessee, created a fictitious complaint and settlement, and authorized the transfer of funds from his employer to himself under the company’s mistaken belief it was settling the complainant. The court also found that he falsified a second complaint and authorized the transfer of money from his employer to himself. His actions violated Rules of Professional Conduct 4.1 and 8.4(b), (c) and (d).

The Tennessee Supreme Court today upheld a death sentence for Michael Dale Rimmer, convicted of murdering his ex-girlfriend Ricci Lynn Ellsworth in 1997. The court’s action upholds Rimmer’s second conviction for the crime. His first conviction in 1998 was overturned and a new trial ordered. Rimmer appealed the second conviction arguing that (1) it violated the double jeopardy clause in the Constitution, (2) DNA evidence in his car should not have been admissible because his attorneys were not able to inspect the car, and (3) evidence of a 1989 rape conviction of Ellsworth and escape attempts from prison should not have been admissible. The court rejected all claims. Justice Sharon G. Lee concurred with the majority but disagreed with how the court determined whether the death sentence was excessive or disproportionate to the penalty imposed in similar cases. Read more about the case from the Administrative Office of the Courts.

Davidson County lawyer Memorie Kristina White received a public censure from the Tennessee Supreme Court yesterday. The court found that White, with knowledge that a corporation was represented by counsel, knowingly contacted corporate employees and negotiated a reduction of a judgment lien held by the corporation. A censure is a rebuke to the attorney but does not affect the ability to practice law.

Roscoe Dixon, a Memphis Democrat who was prominent in state politics for more than a decade before his 2006 conviction in the FBI’s Tennessee Waltz corruption sting, died yesterday at 71, the Commercial Appeal reports. Dixon got his start in politics at the Urban League, the NAACP, the Rev. Jesse Jackson's Operation PUSH and on the 1974 congressional campaign of Harold Ford Sr. He first ran for the Memphis City Council but lost in a runoff. He took a year to work on Jimmy Carter's 1976 presidential campaign in Atlanta and then returned to Memphis to build a grassroots coalition. He was then elected to the state House and served there from 1978 to 1994 when he joined the state Senate. He served there until 2005. Dixon was convicted in 2006 on bribery and extortion charges for accepting $9,500 to help pass legislation. He was sentenced to five years in federal prison. After his release, he became an advocate for the restoration of voting rights for felons.

The Tennessee Registry of Election Finance has assessed a $135,000 civil penalty on former state senator and Rutherford County Mayor Bill Ketron after he took responsibility for nearly $300,000 in questionable campaign contributions and expenditures. Board members voted unanimously to impose the penalty for violations connected to Ketron’s Senate, Quest PAC and mayoral accounts, Tennessee Lookout reports. The registry dismissed $80,000 in previous penalties for numerous late filings and allowed Ketron to start a payment plan, which would make him eligible to run for re-election in 2022. In the past, the registry has required lawmakers to pay all of their penalties before becoming eligible for election. In this case, the body said it will consider the payment plan as a payment. In other actions, the registry voted unanimously to audit an expense by Rep. Todd Warner, R-Chapel Hill, with a new vendor — Dixieland Strategies — to determine whether it was legitimate and potentially whether illegal coordination was made between the campaign and the Faith Family Freedom Forum political action committee.

The Knoxville Bar Association will hold its Spring Memorial Service virtually on May 14 at noon EDT. The event will take place via Zoom but reservations are required. Register here. On May 27, the Nashville Bar Association will hold its Spring Memorial Service at 11 a.m. CDT. Get details about the event and see the list of those to be honored. Memorial services provide the legal communities the opportunity to reflect on the lives and careers of local attorneys who have died in the last year.

The Tennessee Bureau of Investigation has acknowledged that more than 76,000 DNA samples dating back to 1998 are missing from the state DNA database, Tennessee Lookout reports. In addition, the TBI estimates that the failure to collect DNA is ongoing. TBI Director David Rausch called the situation “very concerning” and offered several possible reasons for the oversight including confusion among law enforcement as to when swabs are to be taken. The failure to collect samples obviously has ramifications for solving crimes but also could hinder the state’s efforts to process backlogged rape kits. Ilse Knecht with the Joyful Heart Foundation, which has worked to end the backlog in rape kit testing nationally and in Tennessee, said the missing samples “is a massive breakdown in the system.”

A group of Fortune 1000 general counsel and over 40 law firms yesterday announced creation of The Alliance for Asian American Justice, a national pro bono initiative committed to standing up for victims and preventing future acts of anti-Asian hate. According to the founders, the alliance will coordinate pro bono resources on behalf of victims of anti-Asian violence and provide other resources such as social services and other community support. Lawyers of Asian descent as well as non-Asian allies are invited to join the effort. The National Asian Pacific American Bar Association, Asian American Legal Defense and Education Fund, Asian Americans Advancing Justice, and other frontline legal and community organizations will perform initial intake with victims and then refer cases to the alliance. Those with a complaint should report it to the Asian American Legal Defense and Education Fund at StopTheHate@aaldef.org or on the Asian Americans Advancing Justice website. For more information, email the alliance.

In an unusual move, the full U.S. 6th Circuit Court of Appeals will consider the constitutionality of a Tennessee abortion law without an initial ruling by a three-judge panel, the ABA Journal reports. The court granted en banc review of the law, which requires a 48-hour waiting period before an abortion, after a federal judge struck down the law and a three-judge panel of the appeals court refused to stay the judge’s ruling. Judges who served on that panel are criticizing the decision saying it “tarnishes this court’s reputation for impartiality and independence.” The Federal Rules of Appellate Procedure allow an appeals court to bypass a three-judge panel but it is rarely done, says South Texas College of Law professor Josh Blackman. In other news, the en banc court has refused to block an Ohio law that bans doctors from providing abortions when they know a woman is seeking the abortion because of a fetal Down syndrome diagnosis. The Journal has that story as well.

Legal Aid of Middle Tennessee and the Cumberlands Cookeville attorney Rachel Moses guest stars on the latest episode of the TBA’s Member Spotlight Series. Moses talks with TBA President Michelle Greenway Sellers about the barriers some Tennesseans face when seeking legal help, her extensive resume of bar and civil service, advice to young attorneys and more. Watch the latest interview or catch up on previous episodes of the Member Spotlight Series on the TBA’s website or YouTube page.