Tennessee’s criminal justice system relies on an unfair and inconsistent cash bail system, resulting in widespread incarceration of presumptively innocent people and unnecessary cost to taxpayers, an investigation by Knox News reporter Jamie Satterfield says. A federal district court ruling in December found bail practices in Hamblen County, which are typical of many courts across the state, unconstitutional. In that case, attorneys from Baker Donelson, alongside two non-profit advocacy groups, argued that the default reliance on cash bail, without considering the defendant’s ability to pay, alternatives to money bail or following basic procedural protections, results in unconstitutional pretrial detention. Some advocates maintain that one simple remedy is for judges and magistrates to examine their procedures to ensure they are following the 1978 bail reform law, which mandates cash bail as a last resort, not the first choice in most cases.   

The U.S. Justice Department announced Saturday it will be appealing a ruling by a federal judge in Texas that blocked a federal eviction moratorium put in place last fall to help those struggling to make ends meeting during the COVID-19 pandemic. U.S. District Judge J. Campbell Barker in the Eastern District of Texas blocked the Centers for Disease Control and Prevention’s moratorium last Thursday, ruling that the federal government had overstepped its authority in imposing the ban. In filing the notice of appeal, department lawyers also argued that Barker’s decision “does not extend beyond the particular plaintiffs in that case” and “does not prohibit the application of the CDC’s eviction moratorium to other parties.” The Associated Press has more on the story.

A group of Nashville area attorneys has launched a new trial and appellate litigation law firm with offices in Brentwood, the Nashville Post reports. Gino Bulso, a former Republican state House candidate, Paul Krog and Eric Smith have formed Bulso PLC. The three will serve as partners. Bulso co-founded Leader Bulso & Nolan in 2008 and Krog worked with him there. Smith joined the firm from Nissan North America, where he was senior counsel. He previously was a partner at Bradley Arant Boult Cummings. The firm also includes associate attorneys Nicholas Bulso and Kevin Francese.

The Tennessee Supreme Court on Feb. 11 denied a reinstatement petition filed by Shelby County lawyer Thomas Francis Jackson III and directed him to contact the Tennessee Lawyers Assistance Program for an evaluation within 30 days and complete a mental capacity evaluation within six months. Jackson was suspended from the practice of law on Aug. 20, 2019, after he failed to comply with an order to contact TLAP. On August 19, 2020, Jackson filed a petition for dissolution of the suspension. After conducting a hearing, the Board of Professional Responsibility determined that he had not complied with the August 2019 order.

The Tennessee Supreme Court has asked the Board of Professional Responsibility to review the case of Carter County lawyer Thomas Marion Gray to determine if disciplinary action is required. On Oct. 19, 2020, Gray plead guilty to the theft of merchandise. The general sessions court imposed a year of probation and the requirement to complete an anti-theft class. Gray must return to court on Oct. 18 for a hearing on his compliance.

The Tennessee Supreme Court has approved reinstatement of a number of lawyers who were placed on inactive status more than five years ago. They include: Louisiana lawyer Monica Victoria Harris Bowers, California lawyer Cicely Alexander Dickerson, Shelby County lawyer Elizabeth Davies Hood, Mississippi lawyer Gary Culley Rikard and North Carolina lawyer Anna Cates Williams.

The Tennessee Supreme Court reinstated Maury County lawyer Angela Kay Washington to the practice of law on Dec. 10, 2020. Washington’s law license had been transferred to disability inactive status by the court on June 12, 2020. She petitioned the court for reinstatement on Dec. 8, 2020.

Still need to meet your 2020 CLE requirements or just want to get a head start on your 2021 CLE compliance? Then plan to join your colleagues this month for TBA’s virtual Mid-Winter CLE Madness. Whether you need one hour of CLE or 15, we have created a curated list of packages based on hours, topics and practice areas. Take our 15-hour package, 8-hour package, 8-hour ethics package or create your own package any time by visiting us at cle.tba.org to access over 250 on-demand programs. TBA members receive three free hours of CLE each bar year and save on courses throughout the year.

The March-April Tennessee Bar Journal is live today, focused on Access to Justice and filled with articles about Tennessee's Constitution, federal executive branch ethics laws, and more. The cover story, "Access to Justice in the Time of COVID-19," looks at how lawyers continue to effectively serve clients, and how legal services organizations are no different. In this Special Access to Justice Issue, the Journal looks at the challenges the access to justice community is grappling with, including a focus on evictions and other timely topics. TBA President Michelle Greenway Sellers writes about the importance of lawyers, especially during this time. Read features on the winners of the TBA's Access to Justice Awards, for outstanding service by those who have dedicated their time to helping others. The Supreme Court's ATJ Commission gives a report about the past year and what to expect going forward. If you are wondering what YOU can do, check out the article about available pro bono opportunities that are especially suited for these times.

TikTok's parent company ByteDance has agreed to pay $92 million to resolve a class action alleging it violated users’ privacy by improperly extracting their data and recording facial-scan images to track and profile them for ad targeting and profit. The company did not admit wrongdoing but said it wanted to avoid lengthy litigation, Reuters reports. The plaintiffs' lawyers said the deal ranks among the biggest U.S. privacy-related settlements ever.