Bradley County Criminal Court Judge Andrew Mark Freiberg has recused himself from any future proceedings in a case involving 10th Judicial District Attorney General Steve Crump, the Chattanooga Times Free Press reports. “Living and residing within this community has meant exposure to pervasive sources of alleged information, opinions and commentary about this case preventing the continued ability to be a fair and impartial jurist," Freiberg wrote in his order of recusal. He will, however, preside over a previously scheduled hearing on Oct. 9. Crump is being accused by Miranda Cheatham of having been blackmailed into securing her 2018 conviction. He has denied the allegations, which came to light in filings seeking a new trial for Cheatham, who has maintained she acted in self-defense in killing her husband.

The TBA Federal Law Section will present its 2020 Annual Forum as a virtual program next Tuesday beginning at 2:30 p.m. CDT. During the two-hour live presentation, University of Memphis School of Law Professor Steven Mulroy will provide details on voting in 2020 and Cecile VanDevender, appellate chief with the U.S. Attorney's Office for the Middle District of Tennessee, will provide an update on U.S. Supreme Court cases. Those registering for this year's forum also will have access to two one-hour recordings to watch at any time — Canons of Constitutional and Contract Interpretation with Sherrard Roe Voigt & Harbison lawyer Eric Osborne and Corpus Linguistic with Annika Boone, a law clerk with the Utah Supreme Court — for a total of four hours of CLE credit.

The Memphis Bar Association and the Ben F. Jones Chapter of the National Bar Association are inviting lawyers to join a 21-day “Equity Habit Building Challenge” to better understand the intersection of race, power, privilege, supremacy and oppression. Beginning on Oct. 1, participants will complete a short assignment every day for 21 days. Activities include reading articles, watching videos and listening to podcasts. Sign up to participate and access the assignments here. Learn more about the national challenge movement from the ABA.

Constitution Day is an American federal observance that commemorates the formation and signing of the U.S. Constitution. It is celebrated each year on Sept. 17. The TBA has a range of resources available for those who want to mark the day. The ABA also has resources and several key issues to highlight on this year’s anniversary, including the importance of voting, the Census and civic engagement. The ABA also is offering a free webinar tomorrow at 4 p.m. EDT on the scope of free speech rights. The session will address two issues: when demonstrations are within the scope of the First Amendment and when they exceed constitutional protection, and when law enforcement officials are lawfully trying to restore order and when they are abusing the rights of protestors.

The American Civil Liberties Union of Tennessee, Just City and several attorneys today filed an amended complaint in federal court, building on a class action suit that calls for the release of “medically vulnerable” detainees from the Shelby County jail, the Commercial Appeal reports. The initial suit requested the release of around 300 detainees who are over 65 or have certain chronic conditions. The complaint alleges Shelby County has “utterly failed” to comply with Federal Judge Sheryl Lipman’s August order to remedy jail conditions that are rife with the risk of infection. The amended complaint states that "wholly ineffective" quarantine practices, non-testing of new arrestees and the failure to "seriously pursue" social distancing in sleeping quarters and during meals, pill calls, and while detainees use the phone has perpetuated risk of COVID-19 exposure. As of Sept. 11, nearly 240 detainees have contracted the virus at the jail. 

The Nashville Conflict Resolution Center will host “Legacy of Trauma: The Impact of Historical Trauma on African Americans” on Thursday and Friday from 9 until 11 a.m. CDT. The event is a two-day learning session that will provide a compelling overview of social history, trauma theory and the interventions that can build resilience and healing for all members of our society in conflict. Register for the program here.

Secretary of State Tre Hargett recently told reporters that it will be a surprise if full voting results are available by the end of Election Day, the Tennessee Journal reports. “We’re going to see a spike in absentee ballots. I don’t know how heavy that will be,” Hargett said. “I hope I’m pleasantly surprised like I was in August, when 95 counties had their election results done by midnight.” Early voting runs from Oct. 14 until Oct. 29 and the deadline to request an absentee ballot is Oct. 27. Absentee ballots must be received by Election Day to count.

Longtime Lewisburg attorney Walter Bussart speaks to former TBA Young Lawyers Division President Troy Weston and his own daughter, Marshall County Judge Lee Bussart, in a new episode of the TBA YLD Presents: War Stories. Bussart discusses memorable moments from his storied legal career, gives advice for young lawyers and dishes on what was going on behind the scenes during his 1994 gubernatorial primary run — a race that saw him first running in the Democratic primary and later endorsing the Republican candidate, Don Sundquist. War Stories is part of the TBA Podcast Network and can be found anywhere you listen to podcasts or on the TBA’s website.

A Rutherford County attorney wanted by authorities for skipping court after being indicted on rape charges killed himself last week after being confronted by officers, the Daily News Journal reports. David Whelan, 49, missed a scheduled court appearance last week on charges of rape and kidnapping involving his clients and teen babysitter. Whelan was also set to appear before Judge David Bragg on Oct. 1 for various charges including aggravated rape, statutory rape by an authority figure, promoting prostitution, aggravated sexual battery and more. The Tennessee Bureau of Investigation said in June that after an investigation, it was found that Whelan “forced or coerced female clients into sex as a way to re-pay their attorney fees.” He was briefly put on the TBI’s Most Wanted list before he was located in Mobile, Alabama, on Thursday. When officers went to confront Whelan, he reportedly produced a weapon and shot himself.

Lieutenant Gov. Randy McNally, R-Oak Ridge, and House Speaker Cameron Sexton, R-Crossville, yesterday said they believe there is an additional step that must be taken before the controversial Nathan Bedford Forrest bust can be removed from the State Capitol, the Tennessean reports. The State Capitol Commission in July voted in favor of removing the bust and the matter was set to be heard by the Tennessee Historical Commission for a final vote in October. But, in a letter to state architect Ann McGauran, McNally and Sexton wrote that the Historical Commission cannot vote on the removal of the bust until it is also approved by the State Building Commission. The lawmakers point to a section of state law that says actions of the Capitol Commission “shall be subject to the concurrence of the state building commission." McNally and Sexton are both members of the Building Commission. Gov. Bill Lee’s office maintains that proper protocol has been followed, but is reviewing the letter from the speakers.