TBA Law Blog


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Posted by: Kate Prince on Nov 19, 2020
News Type: TBA CLE

The TBA’s Criminal Law Forum 2020 will take place virtually on Dec. 11 from 10 a.m. to 2:30 via Zoom Webinar. Attendees will hear presentations from Kirsten Shields of Legility and Christopher Slobogin of Vanderbilt University School of Law on topics designed to enrich your practice and keep you at the forefront of the latest developments in the criminal law field. And remember: all 2020 CLE hours can be taken online and TBA members get discounted pricing on all CLE programs.

Posted by: Stacey Shrader Joslin on Nov 18, 2020

Federal public defenders representing the first female inmate set to be executed by the U.S. government in almost 70 years have fallen sick with COVID-19 following a visit to see her in federal prison, the Associated Press reports. Lisa Montgomery is set to be put to death on Dec. 8 for murdering a Missouri woman in 2004 and kidnapping her unborn child. The two attorneys were pursuing a petition for clemency and visited Montgomery at a federal medical center in Texas. They are now asking for an injunction postponing the execution until a thorough clemency appeal can be prepared. Observers expect the petition to focus on fetal brain damage Montgomery experienced and a horrifying childhood that involved incest, gang rape, child sex trafficking, physical abuse and neglect. Meanwhile, the ACLU has filed an injunction to end what it says is “torturous” conditions of Montgomery's imprisonment, The Hill reports. She is being held in a cold cell where male guards watch her at all times, even when she uses the bathroom, the group says.

Posted by: Stacey Shrader Joslin on Nov 18, 2020
News Type: Legal News

A federal judge in New York has ruled that Acting Department of Homeland Security Secretary Chad Wolf assumed his position unlawfully, which invalidates his suspension of the Deferred Action for Childhood Arrivals (DACA) program. "DHS failed to follow the order of succession as it was lawfully designated," U.S. District Judge Nicholas Garaufis wrote. "Therefore, the actions taken … were taken without legal authority." Wolf issued a memorandum in July effectively suspending DACA, pending review by DHS. A month earlier, the U.S. Supreme Court had ruled that President Donald Trump failed to follow rule-making procedures when he tried to end the program, but the justices kept a window open for him to try again. Fox 17 has the news.

Posted by: Stacey Shrader Joslin on Nov 18, 2020

President-elect Joe Biden likely will move quickly to reestablish Obama-era priorities within the U.S. Department of Justice and focus on police accountability, criminal justice experts tell Law360. Among the moves expected are a strengthening of the Civil Rights Division, reinstatement of the Office for Access to Justice, and return of “pattern and practice” investigations into police departments accused of misconduct. Democratic congressional leaders also are expected to push for police reforms like a federal chokehold ban and ending qualified immunity.

Posted by: Stacey Shrader Joslin on Nov 18, 2020
News Type: Passages

Tommy Pacello, an attorney and city planner who championed changes in streets and buildings to make Memphis a friendlier place for pedestrians, died Monday night at 43. He had previously announced his diagnosis of terminal pancreatic cancer. With a law degree and master's degree in city and regional planning from the University of Memphis, Pacello worked as an assistant city attorney in the division of planning and later served as president of the Memphis Medical District Collaborative. The Commercial Appeal has more on his work and legacy. Funeral arrangements are still pending.

Posted by: Stacey Shrader Joslin on Nov 18, 2020

With millions of employees working remotely, meeting tools such as Zoom have become our new remote workplace. Ben Aston, an online media entrepreneur, looks at how remote work can introduce unique mental health challenges, while also exacerbating those that existed before the pandemic. He recommends 10 steps to make sure employees are functioning at their best. The tips include being on the lookout for coworkers who appear exhausted or do not speak up during meetings; providing clarity around expectations and adequate support to accomplish tasks; reaffirming each employee’s value to the organization; and setting boundaries so employees do not “burn out” from overwork. Read more in his article from People Managing People.

Posted by: Stacey Shrader Joslin on Nov 18, 2020

The Tennessee Supreme Court this week issued an order, following several since March, to deal with the COVID-19 pandemic. The order comes in response to several factors including a significant increase in COVID-19 cases in the state and a number of reports of instances of failure to comply with written plans of judicial districts by judges, attorneys and litigants, including the appearance in open court of attorneys and litigants who have tested positive for COVID-19. The order reaffirmed a mandatory face coverings requirement and suspended all jury trials through Jan. 31, 2021, (with exceptions granted by the chief justice on a case-by-case basis). The TBA is aware that many attorneys have reported issues of concern to the court throughout the pandemic. As part of the TBA’s ongoing commitment to collecting data and working with Tennessee’s legislative, judicial and executive branches on solutions for attorneys, the TBA has created an email account for lawyers to use for communicating concerns related to the pandemic and their practices. Please submit comments to pandemic@tnbar.org. Feel free to share this email address with others.

Posted by: Stacey Shrader Joslin on Nov 18, 2020
News Type: Upcoming

TBA’s member advantage partner The Bar Plan will offer a one-hour presentation on understanding malpractice insurance next Monday from 10 to 11 a.m. CST. Company president Karen McCarthy will discuss the differences in policy coverage available to lawyers seeking to protect their practice from malpractice claims. The roundtable is free but registration is required. Please register before 9 a.m. on the day of the event to receive the Zoom invitation in time. The Bar Plan offers professional liability, business, court bonds, workers' compensation, group term life and accidental death and dismemberment insurance.

Posted by: Stacey Shrader Joslin on Nov 18, 2020
News Type: TBA CLE

The Tennessee Bar Association and the Tennessee American Inns of Court are joining forces to bring together influential lawyers and leaders from across the state to examine the role of leadership in the legal profession. Speakers — including U.S. Sen. Lamar Alexander, U.S. 6th Circuit Court Judge Bernice B. Donald, former Tennessee Supreme Court Justice William C. Koch Jr. and TBA Chief Diversity Officer Mary Beard — will discuss the importance of lawyers leading by example to promote diversity, equity, inclusion and professionalism, as well as how lawyers can succeed in this mission. The program will run from 3 to 4:45 p.m. CST on Dec. 1 and offer 1.75 dual CLE hours. Please register before 1 p.m. CST on the day of the event to receive the Zoom invitation.

Posted by: Kate Prince on Nov 17, 2020

Inmates at the Shelby County Correctional Center will be able to continue education classes remotely thanks to a $180,000 grant, the Daily Memphian reports. The funding, which comes from the Tennessee Community CARES program through the state Department of Human Services, will go to HopeWorks, a nonprofit organization that oversees educational and job training programs at the prison. Outside programming was stopped in March due to the COVID-19 pandemic. That programming included classes to help inmates get their high school diplomas, culinary classes that offered job skills training, construction and logistics classes and more. HopeWorks has bought 100 laptops, protective gear and other online learning aids to start the online classes at the prison next month.


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