TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: Legal News

Davidson County Election commissioners voted to engage Vanderbilt law professor Jim Blumstein to provide independent legal advice on the number of signatures needed to trigger a citywide referendum election requested by an anti-tax group, Mainstreet Nashville reports. The commission is seeking advice on whether the 4 Good Government group, represented by attorney Jim Roberts, has filed enough signatures to trigger a referendum election to roll back property tax increases and other recent changes. Last year, the commission hired former Tennessee Supreme Court Justice William Koch and Bradley lawyer Junaid Odubeko to represent it in a similar suit from Roberts. But some commissioners expressed concern that the pair also now represent the Nashville Metro legal department, which could be a conflict of interest for them. Commissioners also discussed retaining Bradley lawyer Austin McMullen but did not vote on the matter. The petition Roberts filed last year was ruled unconstitutional due to issues with the way it was written.

Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: Politics

Former U.S. Senator Bob Corker told an online meeting of the Memphis Rotary Club yesterday that he is about 45 days away from figuring out what his “next cause” will be, the Daily Memphian reports. Corker, who left the Senate after two terms at the end of 2018, said he does not miss the Senate or the divisiveness. Since leaving office, he has focused on several business ventures, including a development equity company and global investment banking firm. “I want to get my business platform in place. I want to get it set up for the future. I’m just maybe 45 days away from that. Then I’m going to figure out what the next cause is,” he told the group.

Posted by: Stacey Shrader Joslin on Apr 9, 2021

President Joe Biden signed an executive order today establishing a commission to study whether to add seats to the Supreme Court and other reform proposals, The Hill reports. The Presidential Commission on the Supreme Court of the United States will be chaired by former White House counsel Bob Bauer and Cristina Rodríguez, a Yale law school professor and former deputy assistant attorney general, and be comprised of 36 members. The group is tasked with examining the genesis of the reform debate and the court’s role in a constitutional system. It also is asked to analyze a number of reform proposals regarding the membership and size of the court, length of service for justices, the process for choosing cases, and current rules and practices. Read more from the executive order and the White House press release.

In related news, U.S. Supreme Court Justice Stephen Breyer warned this week that adding justices to the high court would cause “eroding” of trust in the court. In a two-hour address at Harvard Law School, he said public acceptance of court decisions, and more fundamentally, the rule of law, is threatened by such reform proposals. SCOTUSblog has more and a link to a video of the speech.

Posted by: Stacey Shrader Joslin on Apr 9, 2021

Legal Aid Society of Middle Tennessee & the Cumberlands will hold four phone clinics, starting tomorrow, for members of the public with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Clinics are tomorrow from 8:30 to 10:30 a.m., Tuesday from 4:30 to 6:30 p.m. (with a special focus on disaster issues), Wednesday from 11 a.m. to 1 p.m. and Saturday from 8:30 to 10:30 a.m. All times central. To help answer questions, contact Andrae Crismon or Kendra Cheek or call 615-780-7131.

Posted by: Stacey Shrader Joslin on Apr 9, 2021
News Type: TBA CLE

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 1 to 2 p.m. CDT. Missed the first installment of this program? Catch up here.

Posted by: Stacey Shrader Joslin on Apr 9, 2021

The 19th Edition of the Alimony Bench Book is now available. Published by the TBA’s Family Law Section, the book provides a ready source for dealing with alimony cases in Tennessee. Current Family Law Section members can access their copy at no cost on the Family Law eCommunity page, but must be logged into their TBA account. Others may purchase an electronic or hard copy version of the book from the TBA Store.

Posted by: Stacey Shrader Joslin on Apr 9, 2021

Join the TBA Animal Law Section on April 27 from 11 a.m. to noon CDT for a roundtable discussion on the discovery and rescue of neglected, suffering animals and the often complex legal consequences of those lifesaving efforts. Learn about recent rescues in Carroll and Putnam counties and the protracted legal battles that followed, including issues related to forensic evidence and cost-of-care laws. Nationally recognized animal law practioner Bruce Wagman and Animal Rescue Corps Executive Director Tim Woodward will headline this free event. One hour of CLE credit is available on request for a fee of $45 for TBA members. An optional 30-minute Q&A will follow the webcast.

Posted by: Kate Prince on Apr 8, 2021
News Type: BPR Actions

Washington County lawyer Jeffrey Dennis Johnson was today censured by the Board of Professional Responsibility. Johnson responded to an online review from a former client in which he gave details about the former client, including health and medical conditions and the type of case in which Johnson represented the client. Johnson also stated that the former client asked him to make false representations to the court. The board found that these acts violated Rule of Professional Conduct 1.9(c) and Johnson was censured. A censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Posted by: Kate Prince on Apr 8, 2021

The Tennessee Senate Judiciary Committee advanced the appointment of Judge Jill Bartee Ayers to the Court of Criminal Appeals following a hearing late last month. Ayers, who is currently a circuit court judge for the 19th Judicial District, was recommended for the Middle District seat by Gov. Bill Lee. Ayers was a partner at Batson Nolan PLC in Clarksville prior to being appointed to the bench by former Governor Bill Haslam. She has been on the bench since 2015 and has presided over 50 jury trials. Ayers’ confirmation will now go before the full state Senate. The state House can hold separate confirmation hearings. Read more from the Administrative Office of the Courts.

Posted by: Kate Prince on Apr 8, 2021

The TBA’s Disability Law Section will host a virtual roundtable-style CLE program on April 23 from 2:30 to 3:30 p.m. Moderated by section executive council member Chris George of the firm George & George, the program will feature Chief Administrative Law Judge Paul M. Stimson and Hearing Office Director Terry Angle from the Memphis Office of Hearings Operations. They will discuss best practices and technological updates for social security disability hearings during the pandemic. Attendees are encouraged to ask questions throughout the panel and time will be allotted near the end of the session for questions about general daily practice. This program is live and will not be recorded. Learn more or register for the program.  


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