TBA Law Blog


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Posted by: Kate Prince on Oct 22, 2020

The Republican-led Senate Judiciary Committee today advanced Amy Coney Barrett’s U.S. Supreme Court nomination, despite a boycott from Democratic members of the committee, the Associated Press reports. All 10 Democratic senators boycotted the vote to protest the GOP’s rush to install Trump’s nominee to replace the late Justice Ruth Bader Ginsburg. The committee’s 12 Republican members voted to send Barrett’s nomination to the full Senate, where a final confirmation vote will take place on Monday.

Posted by: Kate Prince on Oct 22, 2020

The Tennessee Judicial Conference met virtually for its annual fall meeting this month, marking the first conference the group has held since March. TJC President and 26th Judicial District Circuit Court Judge Roy Morgan opened the conference with a quote he recently read which he felt summed up the transition to a virtual meeting: “Change is the law of life.” Administrative Office of the Courts Director Deborah Taylor Tate highlighted the high court’s June statement on its commitment to equal justice under the law. She also gave a snapshot of the work Tennessee courts have done in recent months, including 6,512 Zoom sessions since April, $500,000 in personal protective equipment for the courts, nearly 300 livestreamed appellate arguments and more. Tennessee Supreme Court Chief Justice Jeff Bivins also spoke during the conference, commending the judges on their work to keep the courts open and functioning. Read the full story on the AOC’s website.  

Posted by: Kate Prince on Oct 22, 2020

Butler Snow attorney and former TBA President Randall Noel last week testified before the U.S. Senate Judiciary Committee regarding an evaluation of U.S. Supreme Court nominee Amy Coney Barrett, the ABA Journal reports. Noel, who is chair of the ABA Standing Committee on the Federal Judiciary, spoke about the committee’s evaluation process and explained how Barrett earned a “well qualified” rating. In his prepared remarks, Noel explained the evaluation is “based solely on its comprehensive, nonpartisan, non-ideological peer review of the nominee’s integrity, professional competence, and judicial temperament.” Noel is a partner at Butler Snow in Memphis and is engaged in a civil trial practice, with an emphasis on commercial, banking, antitrust, data security and products liability matters.

Posted by: Kate Prince on Oct 22, 2020
News Type: BPR Actions

Davidson County attorney C. LeAnn Smith yesterday received a public censure from the Board of Professional Responsibility of the Tennessee Supreme Court. In a custody matter in which she was a party, Smith lied under oath during a deposition in response to questions about her use of alcohol in the presence of the child. Smith’s conduct was not done in the representation of a client and she admitted her conduct under oath in her trial testimony in the same proceeding. The public censure does not affect Smith’s ability to practice law, but she must complete an assessment with the Tennessee Lawyers Assistance programs within 60 days, and follow any recommendations they make.

Posted by: Kate Prince on Oct 22, 2020
News Type: TBA CLE

Produced by the Dispute Resolution Section, this roundtable-style CLE session offers attendees an opportunity to interactively converse about non-monetary issues that arise in business and commercial disputes. The program will take place on Nov. 9 from noon to 1 p.m. CST via Zoom to allow attendees the opportunity to exchange ideas and thoughts with the speakers and other attendees. Dispute Resolution and Business Law Section members receive the discounted section member pricing. Register for the program here.

Posted by: Stacey Shrader Joslin on Oct 22, 2020
News Type: BPR Actions

The Tennessee Supreme Court suspended nine attorneys yesterday for failure to pay the annual registration fee and/or file proof that client funds are being held in an IOLTA-compliant account. See the list of all lawyers suspended for fee and IOLTA violations in 2020 or access all administrative suspensions. View the fee suspension order or the IOLTA suspension order.

Posted by: Stacey Shrader Joslin on Oct 21, 2020
News Type: Wellness Wednesday

Between the COVID-19 quarantine and the ever-more electronically-plugged-in world, many of us are communicating through electronic screens more than ever before. Throw in rising political polarization and the thinning of the line between our public and private lives, it’s no surprise Americans feel less connected and more divided. In a new podcast, journalist Celeste Headlee talks about navigating the hard conversations that are happening these days. Headlee has spent 20 years in radio and television, appearing on NPR, PRI, CNN and the BBC, producing a show for Georgia Public Broadcasting, and anchoring several NPR shows. She also has authored two books: “We Need To Talk: How To Have Conversations That Matter” and “Do Nothing: How to Break Away from Overworking, Overdoing, and Underliving.” Check out the podcast here.

Posted by: Stacey Shrader Joslin on Oct 21, 2020
News Type: Legal News

In Memphis today, U.S. Attorney General William Barr said the federal crime fighting initiative “Operation LeGend” has resulted in 64 arrests, the Daily Memphian reports. Charges have ranged from homicide to narcotics to firearms offenses. Barr came to Memphis to provide an update on the operation and used the opportunity to thank Memphis police and the 40 federal agents in the city as part of the initiative for doing their jobs in spite of increased pressure on law enforcement in the country. Across the nation, Operation LeGend is operating in eight cities and a total of 5,500 arrests have been made.

Posted by: Stacey Shrader Joslin on Oct 21, 2020
News Type: Congressional News

The U.S. Senate is scheduled to consider the nomination of Judge Amy Coney Barrett for appointment to the Supreme Court on Monday, The Hill reports. According to an announcement by Senate Majority Leader Mitch McConnell, the chamber will begin considering the nomination on Friday and work through the weekend, assuming the Judiciary Committee approves the nomination on Thursday as expected. Late today, committee Democrats said they will boycott the vote on Thursday. In a joint statement released with Senate Minority Leader Charles Schumer, D-N.Y., the group called the push to confirm Coney Barrett a "sham process" and accused Republicans of breaking "the promises and rules" established when Merrick Garland, former President Obama's final Supreme Court nominee, was not given a hearing or a vote.

Posted by: Stacey Shrader Joslin on Oct 21, 2020
News Type: Legal News

The U.S. Department of Justice announced yesterday that it is spending $3 million to create a new center to help police agencies across the nation, WATE reports. The center, which will be run by the International Association of Chiefs of Police, will provide training on issues such as officer safety, mental health, recruitment and retention. State, local and tribal police will all have access to the resources, which are designed to prevent the use of excessive force.


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