Gov. Bill Lee’s private-school voucher plan was found unconstitutional again Tuesday, as a panel of the Tennessee Court of Appeals agreed with an earlier ruling from a Nashville court, the Nashville Post reports. Memphis and Nashville authorities challenged the law because it applied to only those two cities. Local officials said it was a violation of the state constitution’s home rule amendment. State officials and their nonprofit allies are expected to appeal to the Tennessee Supreme Court. Read the appeals court decision.

The U.S. Small Business Administration Office of Disaster Assistance is seeking an attorney advisor and a virtual paralegal specialist. The jobs are full-time, but temporary and may last from two to six months. Both positions will help review and close SBA disaster loans. Attorneys may be licensed in any state and those waiting on bar exam results may apply. Real estate experience is a plus. The new deadline to apply is Nov. 30.

Eight lawyers have applied for the 6th Judicial District Chancery Court vacancy in Knox County. They are: Kevin A. Dean, Julie D. Eisenhower, Sharon Diane Frankenberg, Stephen Kent Garrett, John Keith Harber Sr., Christopher D. Heagerty, Daniel Kidd and Esther Lois Roberts. The Trial Court Vacancy Commission will hold a hearing on the applicants via video conference on Oct. 29 at 10 a.m. EDT. The hearing will be livestreamed for public viewing on the court’s YouTube account. Interested individuals may also watch the livestream at the Knoxville Supreme Court Building, 505 Main St., Ste 200, Knoxville. Those who would like to speak in support or opposition to a candidate should contact Ceesha Lofton, 615-741-2687 by 4 p.m. CDT on Oct. 14 to make arrangements. The commission is expected to vote immediately following the interviews and forward three names to Gov. Bill Lee for his consideration. The successful candidate will fill a vacancy that will be created by the retirement of Judge Michael W. Moyers in January.

In a remote work world, setting up clear boundaries is integral to protecting mental health and personal well-being. And as the pandemic continues to chip away at the rhythms we once knew, those boundaries are even more important. Aytekin Tank, a tech executive, says there are four signs of impending remote work burnout. They are: (1) not taking accrued time off, (2) using work as an escape from stress or our new uncertain reality, (3) lacking time and space boundaries for work (e.g., do not view your whole home as your office and don’t work on a project during family movie night!), and (4) “panic working” to deal with fears about job security. Read more about these signs and how remote work boundaries can protect your mental health as well as your job.

The TBA’s 20th annual Health Law Primer and 32nd annual Health Law Forum are just around the corner! The primer will take place next Wednesday from 11:30 a.m. until 4 p.m. CDT and will provide a general overview and discussion of hot topics for those who are new to practicing in the health law field. Then, on Thursday and Friday from 9 a.m. until 2:30 p.m. CDT each day, the Health Law Forum will feature an array of presenters who will speak on topics like telehealth and privacy, fraud and abuse developments, practitioner databases, pandemic responses and more. Both programs will provide a heightened virtual experience with live and on-demand sessions. The forum also includes roundtable discussions for practitioners to dig deeper into the issues presented.

Register now to virtually run with the East Tennessee Lawyers Association for Women team in the 2020 Komen East Tennessee Race for the Cure! While the race can’t be held in-person this year, the virtual event will be held on Oct. 31 at 8:30 a.m. EDT. Team participation is open to all ETLAW members, their friends, families and pets. Go to the ETLAW team page to join the team or make a donation on behalf of a team member. The Knoxville Race raises funds that go directly back to local neighbors for mammograms, treatment and things as basic as food, gas and rent. Survivors will be honored in a one-mile Car Parade ending at World’s Fair Park which can be livestreamed on the Komen East Tennessee Facebook page.

The Tennessee Supreme Court today reinstated George H. Thompson III to the practice of law. Thompson was suspended in April for one year, with 30 days served on active suspension and the remainder on probation. He was also ordered to pay the Board of Professional Responsibility for all costs in the disciplinary proceeding. Thompson’s reinstatement to active practice is conditioned upon his engagement for 11 months of a practice monitor who will meet with him monthly to assess his case load, timeliness of tasks, adequacy of communication with clients and provide monthly written reports of progress to the disciplinary counsel. 

Gov. Bill Lee today announced he is extending Tennessee’s state of emergency through October, the Tennessean reports. Executive Order 63 also extends certain targeted provisions of previous orders, including remote online notarization and witnessing, which the order now extends through Oct. 30. The TBA recently asked lawyers in the state to provide feedback on whether remote notarization and witnessing should continue by filling out a survey. The survey found that 88% of the lawyers who responded were in support of the extension. Lee’s order also repeals all COVID-19-related restrictions on businesses and gathering in the state, but county health departments in Tennessee's six largest cities will continue to be able to set their own regulations. The order will allow county mayors to choose whether to impose mask mandates, though some counties in recent weeks had chosen to end their mandates ahead of the governor’s decision. Lee defended his decision to extend the state of emergency, saying he will choose to renew as long as there is a state of emergency at the federal level.

The Davidson County Election Commission has added additional legal counsel as the battle over a proposed referendum to repeal Nashville’s property tax increase begins to heat up, the Tennessean reports. Commissioners today voted to retain Bradley attorney Junaid Odubeko to assist their main legal counsel, former Tennessee Supreme Court Justice and current Nashville School of Law Dean William C. Koch Jr. The commission voted 3-2 on Friday to let a judge decide whether to place the petition on the ballot. The proposed ballot measure would roll back the city’s recent property tax increase, cap future increases to 2% without voter approval and require certain bonds to go before voters. Metro Legal released an opinion yesterday, saying the petition’s language is “not legal and enforceable.” Metro Law Director Bob Cooper, a former state attorney general, said the measure would violate the state law, which requires taxes be set by the Metro Council and not by voter referendum. The commission faces a quick turnaround to get a court decision and call for a special election on Dec. 15. 

Davidson County Chancellor Ellen Hobbs Lyle on Friday ruled that the state must again change its absentee ballot application, this time to reflect its promise to let voters cast mail ballots if someone in their household has an underlying health condition that makes them more susceptible to COVID-19, the Associated Press reports. Lyle sided with plaintiffs after they pointed out that a deputy attorney general made the eligibility comment for co-habitants last month in front of the Tennessee Supreme Court. The form on the secretary of state’s website was updated accordingly as of Monday. Secretary of State Tre Hargett’s office responded by saying that Lyle was “amending her own language – not language that state election officials wrote.”