TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 14, 2020
News Type: TBA CLE

Practicing in the Tennessee Supreme Court requires thorough preparation as well as a mastery of oral and written advocacy. The Supreme Court Boot Camp, presented by the TBA Appellate Practice Section, will help attorneys to develop these skills. Participants will observe oral arguments in real cases before the court and then join in an analysis and discussion on preparation, presentation tips and considerations for deciding to seek review. The forum will take place virtually on Nov. 4 beginning at 9 a.m. CST and offer six CLE hours.

Posted by: Stacey Shrader Joslin on Oct 14, 2020
News Type: Legal News

A federal judge today declared unconstitutional a 2015 Tennessee law that requires waiting periods before an abortion, the Tennessean reports. The law required a woman seeking an abortion to make two trips to a clinic: one for in-person counseling with a doctor and one at least 48 hours later for the procedure. Three of the state's abortion providers challenged the law, arguing it stigmatizes women seeking abortions and imposes particularly tough burdens on low-income women. The state argued it has two key interests in maintaining a waiting period: protecting fetal life and providing women time to form "mental clarity" about their decision.

Posted by: Stacey Shrader Joslin on Oct 14, 2020

The heart of sensory awareness practice is living an awake and responsive life and is based on the principle that we cannot heal what we are not willing to address. Sensory awareness practitioner Lee Klinger Lesser will offer a two-day online workshop on the mornings of Oct. 24 and 25 beginning at 11 a.m. CDT each day to introduce the practice and how it can be used to address hard issues in our country’s past. The “Cultivating our Capacity to Respond: Sensory Awareness and Anti-Racism” workshop will explore the basics of sensory awareness, how to quiet sensations, and how to move into action. She will be joined by Jarvis Masters, who teaches mindfulness while serving on death row at San Quentin Prison. Proceeds from the workshop will benefit the Equal Justice Initiative, which is committed to ending mass incarceration and excessive punishment, challenging racial and economic injustice, and protecting human rights.

Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court today granted the Trump administration’s request to halt the census count while an appeal is pending, The Hill reports. The emergency order comes after the 9th Circuit Court of Appeals denied the administration’s request to overturn a district court ruling that the count must continue through the end of October. The administration has been seeking to end the count early, arguing that maintaining the original date of Oct. 31 would prevent the Secretary of Commerce from reporting data by the Dec. 31 statutory deadline, Jurist.org reports.

Posted by: Stacey Shrader Joslin on Oct 13, 2020

Bradley Arant Boult Cummings and Mid-South Immigration Advocates are offering a free virtual program on the topic of “Domestic Violence in Civil Litigation” on Oct. 27 from 9 a.m. to noon CDT. The program will focus on orders of protection, domestic violence divorce considerations and ethics in domestic violence civil litigation, with the goal of equipping lawyers to provide quality pro bono service. The program will be led by Elizabeth R. McClellan, an experienced domestic and sexual violence litigator and appellate practitioner who has successfully appealed and made new law in the area of orders of protection. Please register by 5 p.m. CDT on Oct. 26 to receive the Zoom link. 

Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: Legal News

The Shelby County Commission rejected one police reform measure yesterday, while others were withdrawn by their sponsors, the Daily Memphian reports. The proposal voted down would have required the Shelby County Sheriff’s Office to decertify deputies who use excessive force and to keep a record of officers who are fired or resign because of an excessive force complaint. NAACP Memphis Chapter President and Commissioner Van Turner said the action will not end the debate. “It’s a conversation we need to have because people are dying,” he said, noting times when he has been stopped by police and sheriff’s deputies and treated differently because he is Black. “Unfortunately, in too many cases, the situation still does not allow that individual to live. That’s what has to be addressed.” The issue likely will come up again given that Memphis Mayor Jim Strickland has created a task force to “reimagine police.”

Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: Legal News

A group of 13 judges from across the state are participating in a new training and education regimen focused on opioid addiction, the Administrative Office of the Courts reports. The pilot — known as Project ECHO (Extension for Community Healthcare Outcomes) — is designed to provide education on issues such as physiology of addiction, evidence-based programming interventions, and medication-assisted treatment. The program was originally developed for healthcare professionals, and this is the first time judges are participating. The pilot program in an initiative of the Appalachian/Midwest Regional Judicial Opioid Initiative (RJOI). “When I saw a demonstration of Project ECHO, I knew this was exactly what our judges need,” said Judge Duane Slone, chair of RJOI and a circuit court judge in Tennessee’s Fourth Judicial District. "Addiction has impacted every court in the state and judges are in a position to positively impact many people struggling with addiction issues." 

Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: Legal News

The 2020 bar exam experience will likely be remembered as the most stressful testing event on record for law school graduates, Law.com reports. But for one Illinois woman, the online exam proved additionally challenging after she went into labor, but was not allowed to leave her seat or break eye contact with the screen. Brianna Hill was in active labor by the time she finished the first day of the test. Her baby was born at 10:10 p.m. that night. The next day, she finished the test from the hospital, nursing the baby between breaks.

Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: Legal News

Hamilton County Chancellors Jeff Atherton and Pamela Fleenor have appointed County Clerk & Master Robin Miller to a second term, the Hamilton County Herald reports. Miller, who was first appointed in 2014, will serve a second six-year term. Chancellor Atherton cited Miller’s efficiency in running the office — especially during the pandemic — improvement in service to the public, and improvement in coordination with county government as reasons for the decision. He also praised her for extending mediation services to low income litigants. Before joining the court, Miller was a trial and estate lawyer.

Posted by: Stacey Shrader Joslin on Oct 13, 2020
News Type: BPR Actions

The Tennessee Supreme Court today denied two petitions from the Board of Professional Responsibility asking the court to consider criminal contempt and appointment of a special master for Shelby County lawyer Bretran Renaldo Thompson. On Jan. 4, 1996, Thompson was disbarred from the practice of law. On Feb. 24, the BPR filed a petition for criminal contempt, alleging that Thompson failed to comply with the terms of his disbarment by engaging in the unauthorized practice of law. On June 2, the BPR filed a motion for appointment of a special master. The court rejected the petitions saying the alleged misconduct is best addressed through criminal charges in the Shelby County Criminal Court.


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