TBA Law Blog


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Posted by: Kate Prince on Nov 5, 2020
News Type: Election 2020

Election officials in Tennessee are reporting that 3,045,401 people cast their votes on Tuesday, smashing the previous record of 2.6 million voters in the 2008 election, the Tennessean reports. Voter turnout in Tennessee is often ranked among the lowest in the country, hovering in the 60% range since 1996. On Election Day, state election officials at all levels reported that everything went smoothly, possibly thanks to the unprecedented amount of early and absentee voters this year. Officials are expected to certify Tuesday's vote by Nov. 23.

Posted by: Kate Prince on Nov 5, 2020
News Type: Legal News

Nashville Mayor John Cooper’s office has released a new report that examines the city’s criminal justice fines and fees, and outlines ways to reduce, and eventually eliminate, reliance on such costs, WPLN reports. The report calls dependence on such fees “pennywise, yet pound foolish,” pointing to the cycle of recidivism and subsequent cost to taxpayers that can result. The report recommends eliminating the General Sessions probation fee and seven other fees; the criminal court clerk’s $15 late fee; fees for booking, work release and supervision; and more. To offset the loss of revenue, the report recommends placing fewer people on probation, reducing costs of incarceration and reforming the bail system. In fiscal year 2018, fines and fees generated nearly $8.5 million for the city.

Posted by: Stacey Shrader Joslin & Kate Prince on Nov 5, 2020
News Type: TBA CLE

The TBA’s 2020 Administrative Law Annual Forum will be held virtually this year on Nov. 20 from noon until 3 p.m. CST. Speakers will include Rachel Newton from the Tennessee Attorney General’s Office and Laura Chastain from the Board of Professional Responsibility, who will deliver an ethics presentation focused on social media. Attendees will receive one dual and two general credit CLE hours. Learn more and register now. Remember: all 2020 CLE hours can be taken online and TBA members get discounted pricing on all CLE programs.

Posted by: Kate Prince on Nov 5, 2020

The Ben F. Jones Chapter of the National Bar Association will honor Memphis attorneys Tannera Gibson, Van Turner Jr. and Amber Floyd on Saturday during its virtual 2020 Barristers Ball. Gibson, a member at Burch Porter & Johnson, will receive the A.A. Latting Award for Legal Excellence. Turner, a partner at Bruce Turner, will be awarded the A.A. Latting Award for Community Service. Floyd, Memphis deputy city attorney, will take home the President’s Award. This year’s event “A Night of Good Trouble: Honoring Our Freedom Fighters & Continuing the Pursuit for Justice” will be held at 6:30 p.m. CST.

Posted by: Stacey Shrader Joslin on Nov 4, 2020
News Type: Wellness Wednesday

Greater Good Magazine has eight questions to ask ourselves that can help us stay in touch with our feelings and build resilience to survive election stress. From “What’s happening in my body and mind today?” to “What am I grateful for today?” these questions remind us that no matter what happens with the election, we are not powerless. Check out the questions and the authors’ practical tips for maintaining our health and well-being during this challenging time.

Posted by: Stacey Shrader Joslin on Nov 4, 2020

The Tennessee Board of Medical Examiners has ordered professional probation for state Sen. Joey Hensley, R-Hohenwald, the Commercial Appeal reports. Hensley, who is a medical doctor and was reelected to state Senate District 28 yesterday, admitted to providing medical care and prescribing opioids and other controlled substances to several family members, but insisted the treatment was unavoidable because he is the only doctor in Hohenwald. In some cases, the board also found that he did not document the prescriptions or take mandatory steps to prevent addiction or misuse. The board placed him on three years of probation and required classes on medical ethics and safe prescribing. He also must pay a $2,000 fine.

Posted by: Stacey Shrader Joslin on Nov 4, 2020

The Tennessee Supreme Court has six cases set for its docket this week. The first five cases will be heard using livestream video conferencing, while the sixth case will be submitted on briefs. Hearings began today and continue Thursday. Cases include questions of double jeopardy in a death penalty case, fraud claims in a commercial trucking transaction, use restrictions on property originally part of a neighborhood development, commercial dispute between the city of Memphis and Elvis Presley Enterprises, a parental termination case, and a case involving the state’s criminal gang enhancement statute.

Posted by: Stacey Shrader Joslin on Nov 4, 2020
News Type: Legal News

Davidson County General Sessions Court Judge Lynda Jones has been elected president of the Tennessee General Sessions Judges Conference, the Administrative Office of the Courts announced today. Jones has been a member of the conference since her election in 2014. Her experience on the bench includes launching a Homeless Court to connect homeless individuals with needed resources and serving on the conference’s Education Committee. A graduate of the University of Memphis School of Law, Jones practiced bankruptcy law in Nashville before joining the court. She says she hopes to use her year as president to emphasize the benefits of diversity in the judicial system.

Posted by: Stacey Shrader Joslin on Nov 4, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court heard oral arguments today in a case that could have far-reaching implications for the rights of same-sex couples and religious institutions that want to consider the beliefs of those they serve. The case stems from the city of Philadelphia’s decision to stop referring children in need of foster care to Catholic Social Services after it learned the organization refused to place kids with same-sex couples. USA Today has the story while SCOTUSBlog has the filings.

Posted by: Stacey Shrader Joslin on Nov 4, 2020

The partisan makeup of the state’s congressional delegation did not change with yesterday’s vote, The Hill reports. Of the state’s nine representatives, seven remain in Republican hands. All incumbents held on to their seats. In the race to fill the open seat of retiring Rep. Phil Roe, Kingsport pharmacist and Republican Diana Harshbarger won over Air Force veteran Blair Walsingham. Her election means that a woman has won a full term to the seat for the first time, Knox News reports. The Secretary of State has all election results.


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