TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 7, 2020
News Type: Wellness Wednesday

Self-awareness is one of five essential inner skills, says Dr. Rick Hanson. (The others are letting go of painful experiences, insight into oneself, taking in positive experiences, and choosing well.) But when we suddenly start feeling angry or frustrated or sad — and don’t understand where those feelings are coming from — a well-developed sense of self-awareness will help us respond in more healthy and productive ways. To improve self-awareness, Hanson recommends these five practices: (1) spend a few minutes each day to “check in” with your emotions, thoughts and desires; (2) do an honest assessment of “inner world” areas that typically are ignored, suppressed, denied or disowned; (3) cultivate a daily practice that is centering and use it to create an inner sanctuary of peaceful, kind awareness; (4) reflect on the experiences of your younger self; if there are places where negative messages have been internalized, try being kind to yourself; and (5) keep practicing these skills!

Posted by: Stacey Shrader Joslin on Oct 7, 2020

The Knoxville Bar Association is hosting a virtual legal advice clinic for victims of domestic violence this month. Intake of clients will take place between Oct. 19 and 21 and Oct. 24. Participants will be matched with an attorney who will talk with clients during an assigned three-hour time slot on Oct. 27 or Oct. 28. Each appointment will last no more than 20 minutes. Volunteers are needed in a range of specialties, including family law. Sign up here to help.

Posted by: Stacey Shrader Joslin on Oct 7, 2020
News Type: TBA CLE

Make plans now to join the TBA International Law Section for a virtual fall symposium Tuesday at 9 a.m. CDT. The theme of the 2020 HBCU Globalization Symposium is "Understanding, Developing and Implementing HBCU Globalization." The program will focus on HBCUs and the global market in understanding, developing and implementing equitable access to the benefits of international research outreach and economic growth. Speakers include faculty, administrators and practitioners from Nashville area HBCUs and private practice law firms. They will explore how global programs — such as education outreach, medical research, and other types of international business engagement — can be leveraged to spur economic growth in the United States. The program will provide five hours of general CLE credit.

Posted by: Stacey Shrader Joslin on Oct 7, 2020
News Type: BPR Actions

A number of lawyers were recently reinstated after being suspended for administrative violations. The group includes 18 who were reinstated after complying with CLE requirements for 2019, 2018, 2010 and 2008; seven who were reinstated after paying professional taxes for 2020 and 2018; 10 who were reinstated after paying their annual fee for 2020, 2019 and 2015; and one who was reinstated after paying the inactive fee for 2013. View all administrative suspensions and reinstatement lists here.

Posted by: Kate Prince on Oct 6, 2020
News Type: Legal News

A group led by University of Tennessee at Chattanooga Professor Dr. Betsy Darken is asking the Hamilton County Commission to remove a Confederate statue from the lawn of the county courthouse, the Chattanoogan reports. Darken says the bust of Confederate General A.P. Stewart is “divisive and exclusive” and “belongs in a history museum, not in front of a court of law.” The statue has been on the south lawn of the courthouse since 1919. In 2017, the commission considered a similar request, but opted to leave the monument at the courthouse. Darken also started a petition in support of removing the statue, which currently has more than 1,000 signatures.

Posted by: Kate Prince on Oct 6, 2020
News Type: Legal News

A Nashville non-profit led by formerly incarcerated women has established a fund to help restore voting rights to some Tennesseans with felony convictions, WPLN reports. The Free Hearts Fines and Fees Fund was launched this month to help those individuals pay off debts that would otherwise block them from the ballot box. Tennessee is one of only a few states that requires residents with felony convictions to pay off all court fines and fees before they can vote. Director of outreach for Free Hearts Jawharrah Bahar served as a case study for the organization to learn firsthand how daunting and overwhelming the voter restoration process can be. Bahar had to sit out several elections before pushing forward. Her court debt is now resolved and she says she’s looking forward to voting this fall. “I’m excited that I finally feel like I’m part of this community, that I’ll be able to vote locally and in the presidential election,” Bahar said. “I just feel like it’s very important for everyone to fight for what we’re doing and let your voices be heard.”

Posted by: Kate Prince on Oct 6, 2020

The Tennessee Supreme Court today released an opinion that affirms a holding of the Court of Appeals that the Brentwood company Crouch Railway Consulting LLC met its burden of establishing personal jurisdiction to sue LS Energy Fabrication LLC. Crouch filed a breach of contract and unjust enrichment action against LS Energy after it failed to pay what Crouch claimed it was owed for design and consulting services. LS Energy, a Texas company, filed a motion to dismiss, claiming that Tennessee lacked personal jurisdiction over the Texas company. The trial court granted the motion to dismiss, but that ruling was later overturned by the Court of Appeals. LS Energy appealed to the state’s high court, which, in a unanimous opinion, found that the Tennessee court’s exercise of specific personal jurisdiction over LS Energy in this case was constitutionally permissible. Read more on the Administrative Office of the Courts website.

Posted by: Kate Prince on Oct 6, 2020
News Type: Legal News

Two months shy of his execution date, Pervis Payne’s legal team is asking Gov. Bill Lee to grant the death row inmate clemency, the Commercial Appeal reports. In their application for executive clemency, Payne’s lawyers say Tennessee law prevents Payne from “adjudicating his intellectual disability.” The petition asks Lee to be “the solution to the problem,” by commuting Payne’s sentence to life imprisonment until the legislature creates a statute that would allow  him to bring his disability before the courts. The Tennessee Black Caucus for State Legislators has drafted such legislation, but cannot introduce it until after Payne's Dec. 3 execution date. Payne’s defense team is also awaiting results from DNA testing being conducted on certain evidence from the crime scene. That testing, which was approved by a Shelby County judge last month, is expected to be completed by mid-November.

Posted by: Kate Prince on Oct 6, 2020

Thirteenth Judicial District Circuit Court Judge Jonathan Lee Young has been issued a public reprimand from the Board of Judicial Conduct. According to the reprimand, Young acknowledged to an investigative panel that he had sent inappropriate messages to various women on social media from 2015 to 2020. The messages were sent to a legal professional employed by a firm that conducted business in Young’s court and a litigant who previously had a child custody matter before Young and ranged from “flirtatious to overtly sexual.” Most of the messages depicted Young in his judicial robe. In addition to the reprimand, Young is suspended for 30 days, which will be held in abeyance if there are no meritorious complaints regarding ethical misconduct for the remainder of his current term. He must also refrain from using a picture of himself in judicial robes as his profile picture on any social media account, complete a judicial ethics program at his own expense and refrain from engaging in similar misconduct.

Posted by: Kate Prince on Oct 6, 2020
News Type: Legal News

Eleven attorneys have applied for an opening on the Court of Criminal Appeals, Middle District. Applicants include: Jill Bartee Ayers, Charles R. Blanton, Keith M. Davis, Dustin Faeder, Kim R. Helper, I'Ashea L. Myles, Manuel B. Russ, Barry R. Tidwell, David Veile, Larry J. Wallace and Jonathan H. Wardle. The Governor's Council for Judicial Appointments will hold a public hearing to interview the candidates at the end of October. The hearing will be livestreamed on the Administrative Office of the Court’s YouTube page.


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