The first Friday in March is “National Employee Appreciation Day” and a great time to recognize that despite the unique challenges of the last year, TBA staff members have not missed a beat. They have shown flexibility and creativity in continued service to members. The TBA will be closed Friday in appreciation for those contributions to the association.

Since the COVID-19 pandemic began in March 2020, Chancellor Ellen Lyle and staff attorney Justin Seamon have conducted seven bench trials and more than 60 hearings using Zoom video conferencing and a YouTube channel, with all attorneys, parties, witnesses and court staff participating remotely. In this program, they discuss the pros, cons and logistics of conducting trials via Zoom as well as how to prepare witnesses, safeguard remote witness testimony, manage trial exhibits and provide public access to proceedings. They also look at the ramifications of this technology for the future of litigation and ethical issues in play. The two-hour program will air on March 10 from noon to 2 p.m. CST.

Gov. Bill Lee has released a list of legislative initiatives he had previously outlined in his State of the State address, WKRN reports. Among those initiatives are Senate Bill 765/House Bill 786, which would allow citizens to carry handguns without a permit, SB768/HB785, also known as the “Reentry Success Act of 2021,” SB0767/HB0784 on “Alternatives to Incarceration,” and more. You can find the complete list on the state’s website.

Davidson County Chancellor Ellen Hobbs Lyle yesterday recused herself from a high profile education lawsuit against the state, the Tennessean reports. The recusal comes just days after the filing of House Resolution 23, which seeks to have Lyle removed from the bench based on her ruling that expanded absentee voting during the pandemic. (See related story on TBA statement related to HR 23.) Lyle recused herself yesterday from the suit brought by Shelby County and Metro Nashville over the state’s Basic Education Program (BEP) — a complicated rubric the state uses to determine how much funding schools get for teacher salaries, books and transportation. The recusal order did not include information on her reasons. The outcome of the trial could have major implications for how public schools are funded. The case will now be reassigned to a new judge.

Several Tennessee Supreme Court justices and intermediate appellate judges on Monday joined other state leaders to help escort the three State of Tennessee Constitutions to the new State Library and Archives on Bicentennial Mall. The event began at the old library and archives next to the Nashville Supreme Court building, where Chief Justice Jeff Bivins, Justice Holly Kirby, Justice Roger A. Page, Court of Appeals Judge Andy D. Bennett, Court of Criminal Appeals Judge Tim Easter, and Court of Appeals Judge W. Neal McBrayer joined. The procession wound its way through the streets of Nashville where it was joined by Attorney General Herbert Slatery, Gov. Bill Lee and members of the General Assembly. The documents traveled in custom-made boxes to their new home where they will be displayed for a limited time after the grand opening and again on Statehood Day in the Library & Archives’ new exhibition space. 

A controversial bill that would block transgender student athletes from playing middle school and high school sports under their gender identity was passed in a 27-6 vote by the Senate last night, the Tennessean reports. The bill, SB228/HB3, would require transgender athletes to compete under their sex at birth, regardless of whether they are receiving gender-affirming care, such as hormone blockers. Following the vote, the American Civil Liberties Union of Tennessee released a statement signaling its intent to take legal action “should any transgender student be excluded because of this legislation.” The bill will next go to the House for a final vote, which has not yet been scheduled.

The Tennessee Supreme Court yesterday suspended Richard Louis Reynolds from the practice of law until further orders. Reynolds pled guilty and was convicted of misprision of a felony in the U.S. District Court for the Northern District of Texas Dallas Division. The matter has been referred to the Board of Professional Responsibility to institute formal proceedings to determine the extent of the final discipline to be imposed upon Reynolds as a result of his convictions of misdemeanors and a serious crime.

The Tennessee Attorney General’s Division of Consumer Affairs today announced the top 10 complaint categories for 2020, with home improvements, repairs and warranties taking the number one slot at 497 complaints. Other categories in the top 10 were: price gouging, 343 complaints; personal/professional services, 329 complaints; landlord/tenant, 289 complaints; internet sales, 281 complaints; motor vehicle-used sales and advertising, 266 complaints; health services and products, 228 complaints; debtor/creditor, 225 complaints; timeshare/vacation clubs, 223 complaints; and travel, 183 complaints. DCA received 4,053 complaints total in 2020, a slight decrease from 2019’s 4,250 complaints.

The Governor’s Office is now accepting applications to fill the office of district attorney general for the 15th Judicial District. The position would be filled until the next biennial election in August 2022. Applicants must have been a resident of the state for five years and the judicial district for one year. The 15th Judicial District includes Jackson, Smith, Macon, Trousdale and Wilson counties. Interested attorneys should submit a resume and cover letter to Lang Wiseman, Deputy and Chief Counsel to the Governor, State Capitol, First Floor, 600 Dr. Martin Luther King Jr. Boulevard, Nashville, Tennessee 37243, or by emailing Rebecca Kaunisto. The deadline for applications is 5 p.m. CDT on March 15.

In preparation for the upcoming TBA Elections, profiles of the two candidates competing for the Sixth District House of Delegates seat will be emailed to members in the district on Thursday. Voting begins on Monday, and members should receive an email then with voting instructions. Ballots will come from the TBA.Election@intelliscanvotes.com email address, so please check your spam filters if you do not receive the email. Please feel free to reach out to elections@tnbar.org if you have any questions or concerns.