TBA Law Blog


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Posted by: Kate Prince on Oct 1, 2020
News Type: BPR Actions

The law license of Charles Terry Webber was today transferred to disability inactive status by order of the Tennessee Supreme Court. Webber cannot practice law while on disability inactive status, but may return to the practice of law after reinstatement by the Tennessee Supreme Court upon showing clear and convincing evidence that the disability has been removed, and he is fit to resume the practice of law.

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News, Your Career

The Trial Court Vacancy Commission is now accepting applications for a circuit court judge in the 16th Judicial District, covering Rutherford and Cannon counties. The vacancy will be created by the retirement of Judge David M. Bragg, effective Jan. 1, 2021. Qualified applicants must be residents of the 16th Judicial District who have lived in the state for at least five years, are licensed attorneys and are at least 30 years of age. To apply, submit the Trial Court Vacancy Commission Application to the Administrative Office of the Courts by noon CDT on Oct. 15. A virtual hearing will be held on this matter on Nov. 12 at 9 a.m. CST and will be livestreamed on the AOC’s YouTube page. Complete application instructions and information on who to contact if you’d like to express an objection to the commission are available on the AOC’s website.

Posted by: Kate Prince on Oct 1, 2020
News Type: Legal News

Belmont University College of Law Professor Lucian E. Dervan has been elected to a three-year-term on the American Bar Association Board of Governors, the law school’s website reports. The board is made up of 43 members and oversees general operation of the ABA and develops specific action plans. Dervan also will become a voting member of the ABA House of Delegates, the policy-making body of the association. He has been active with the ABA for several years, most recently having been appointed to serve as chair of the ABA Commission on the American Jury from 2019 to 2020. Dervan is a professor of law and the director of criminal justice studies at the law school where his research and teaching focuses on domestic and criminal law.

Posted by: Kate Prince on Oct 1, 2020

State officials say that 50-year-old death row inmate Marlon Kiser died on Wednesday of “apparent natural causes,” the Associated Press reports. Kiser was being held at Riverbend Maximum Security Institution in Nashville where there have been 74 confirmed cases of the COVID-19 virus. Cause of death is pending determination by the medical examiner, but officials said there had been no COVID-19 cases in Kiser’s assigned housing unit. Kiser was sentenced to death in the 2001 deadly shooting of Hamilton County Sheriff’s Deputy Donald Kenneth Bond Jr. in Chattanooga.

Posted by: Kate Prince on Oct 1, 2020
News Type: TBA CLE

Part of the Entertainment & Sports Law 2020 Webcast Series, They All Fall Down: Confederate Monument Removal Cases & Public Art Policy, is a one-hour webcast that will explore what place, if any, Confederate monuments have in the public sphere. Assistant professor of law at Belmont University College of Law Kristi Arth will provide an in-depth look at the lawsuits filed to prevent various monuments from being removed, outline emergent linguistic trends in the courts’ opinions related to public art policy and create a framework for how public art theory can better inform advocacy and judicial decision-making in these types of cases. The webcast will premiere on Dec. 2 from 3 to 4 p.m. CST and is worth one general CLE credit.

Posted by: Stacey Shrader Joslin on Sep 30, 2020
News Type: Legal News

The Hamilton County Election Commission today voted 4-1 to terminate Administrator Kerry Steelman, who has been on leave. Commission members said the move was necessary to save staff morale, the Chattanoogan reports. An investigation allegedly found that 10 of 12 employees interviewed said Steelman had mistreated them or they saw someone else being mistreated. Steelman’s attorney called the allegations false and said he planned to file an Americans Disability Act lawsuit. He said Steelman was in a serious auto accident and suffers seizures, especially during stressful situations. In other action today, the commission named Justin Furrow as its permanent attorney. The county attorney had been assigned to represent the commission, but officials said that had not been working out.

Posted by: Stacey Shrader Joslin on Sep 30, 2020
News Type: Legal News

Most recipients of Tennessee’s unemployment benefits have to resume looking for work starting this week, WPLN reports. The requirement had been waived through much of the pandemic. The state Department of Labor and Workforce Development says people now have to make at least three potential job contacts and certify the activity each week to receive their check. For those who are self-employed, calling on clients or advertising services constitutes proof of looking for work. The list of exemptions is longer than usual, including anyone who is on a temporary layoff with plans to return to the same job, those who are out of work because they have COVID-19, those who are caring for someone who is sick, and those taking care of a child whose school is closed because of the pandemic.

Posted by: Stacey Shrader Joslin on Sep 30, 2020
News Type: Legal News

The city of Nashville has created a review committee to assist with the selection of the next police chief, the Tennessean reports. Among those named to the five-member committee was Victor “Torry” Johnson, who served as Davidson County district attorney from 1987 to 2014. He is now a professor at Belmont University College of Law, where he teaches criminal law and procedure, wrongful convictions and trial advocacy. Other members are Deb Faulkner, who oversees the Franklin Police Department; Jill Fitcheard, executive director of Nashville’s Community Oversight Board; former Tennessee Bureau of Investigation director Mark Gwyn; and Diane Lance, head of Metro’s Office of Family Safety. The committee plans to meet next month and help narrow the applicants to a list of finalists.

Posted by: Stacey Shrader Joslin on Sep 30, 2020

A federal judge in Nashville yesterday blocked a new law that requires abortion providers to offer certain information to women seeking abortions while the law is challenged in court. District Judge William Campbell found that those bringing suit against the state “demonstrated a strong or substantial likelihood of success” on their claims that the law violates the First Amendment. The law, which was to go into effect on Thursday, requires abortion providers to inform women that chemical abortions may be reversed after the first treatment is taken. The plaintiffs question the scientific merit of such statements, the Nashville Scene reports.

Posted by: Stacey Shrader Joslin on Sep 30, 2020

The TBA LGBT Section will host a virtual roundtable on Wednesday, Jan. 27 from 1 to 2 p.m. CST. This opportunity will feature ethics considerations for attorneys when working from home, an open discussion on issues affecting LGBT lawyers and staying sane in a pandemic. The event is free and open to all TBA members. For those who would like CLE credit, there will be a $45 course filing fee. Connection info will be sent the week of the program.

REGISTER NOW


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