At this week’s virtual ABA Annual Meeting, U.S. Supreme Court Justice Stephen Breyer shared insights on an array of topics, including what he considers to be the biggest threat to the rule of law: the current political divisions in the country. “Convince other people. Talk to them. Don’t shout at them. And convince them you’re right … And if you can’t convince people this time, maybe you will next time.” He also said he is optimistic for the future because the country has experienced "slavery, a civil war and a legal system of segregation" but has overcome them all and will continue to overcome new challenges. Read more about his comments or watch the interview with ABA President Judy Perry Martinez. Also during the meeting, the ABA presented its highest honor to former ABA president and World Justice Project founder William Neukom. Earlier in the day, Neukom led a discussion with Microsoft Corp. co-founder Bill Gates on the nation’s response to COVID-19 and recent protests around racial injustice.

The Tennessee Supreme Court Access to Justice Commission today released its 2020 Strategic Plan, which outlines the group’s goals for the next two years, specifies the actions necessary to meet those goals and describes how successes and impact will be measured. The 2020 plan explores the Commission’s role in addressing racism in the justice system and follows the Supreme Court’s statement addressing the racism and injustice that remain a mortal threat to the lives of Black people. According to the plan, action items needed to eliminate barriers to racial fairness include the creation of live virtual training sessions on implicit bias, racial injustice, poverty and related topics developed for all judicial and legal system participants. The Commission will also host one large scale virtual training event each quarter and will work with its faith-based initiatives to develop ongoing virtual town halls. Read the full strategic plan on the Tennessee State Courts website.

While nationwide, there are roughly four lawyers for every 1,000 residents, a new report from the ABA says there are broad swaths of the country that have few or no lawyers. In fact, of the country’s 3,100 counties, 54 have not a single lawyer, and another 182 have just one or two lawyers, according to 2020 Profile of the Legal Profession. “Most people think the access-to-justice problem is strictly urban, but that’s far from true,” ABA President Judy Perry Martinez told Bob Ambrogi in his LawSites blog. “In fact, nearly every state in the nation has large stretches of rural counties with few lawyers – or no lawyers at all.” The report shows that in Tennessee there are 2.8 lawyers for every 1,000 people.

Vanderbilt Law alum Taylor Owings has been appointed acting chief of staff and senior counsel of the Antitrust Division at the U.S. Department of Justice. “Taylor has excelled in her role as counsel, advising on appellate and intellectual property issues, as well as overseeing matters in the Technology & Financial Services Section and civil matters in the San Francisco Office," Assistant Attorney General Makan Delrahim of the Antitrust Division said in announcing her appointment. "In addition to her primary responsibilities, Taylor has made herself invaluable whenever a critical or novel issue comes up."

The TBA will offer the live Zoom webcast Making the Most of Technology: Bringing Virtual Legal Proceedings Closer to Home on Aug. 5 from noon to 1 p.m. CDT. Attendees can expect to hear a discussion on the benefits of incorporating legal technology into attorneys’ arguments and an explanation of the efficient development and appropriate use of demonstratives. The program will also cover tips and tricks for creating persuasive visual aids and choosing the right technology necessary to present arguments while being budget-minded. Zoom information will be emailed to the address associated with your TBA account and attendees will be able to ask questions through the chat feature during the event.

The Tennessee Court of Criminal Appeals last week made public its landmark ruling that Tennesseans have the right to confront accusers in court and not by video, the Knoxville News Sentinel reports. “While we concede that two-way videoconferencing more closely approximates face-to-face confrontation, it is in no way constitutionally equivalent to the face-to-face confrontation envisioned by the Sixth Amendment,” Appellate Judge Robert W. Wedemeyer wrote. While the opinion doesn’t forbid the use of video technology outright, it does advise judges to only allow it as a last recourse “to further an important public interest.” It’s not immediately clear how the first-of-its-kind ruling will impact the Tennessee Supreme Court’s pandemic-related decision to authorize video technology as a substitute for in-person proceedings or whether the Tennessee Attorney General’s office will ask the high court to review the decision.

The Tennessee Supreme Court today heard oral arguments on the expansion of absentee voting, the Tennessean reports. The high court heard arguments on whether concerns over the spread of the COVID-19 virus is a valid excuse to receive an absentee ballot. A lower court ruled last month that it was, but the state has appealed that decision all the way to the Supreme Court. Janet Kleinfelter, the attorney for the state, was questioned by all five justices, with Justice Sharon Lee reportedly becoming frustrated when asking Kleinfelter about the state’s position on voters with underlying health risks. Kleinfelter told the court that voters with health issues, or those living with them, would be able to request an absentee ballot. That position contradicts previous statements from Elections Coordinator Mark Goins, who was quoted in mid-May as saying, “fear of getting ill does not fall under the definition of ill.” Kleinfelter argued that the lower court erred in its ruling, which she said was open ended with "no limitation" on how long the state is mandated to apply the lower court's interpretation of the statute. It’s unclear when the justices will rule on the issue, with Chief Justice Jeff Bivins calling the decision an “incredibly important case for all Tennesseans.” You can watch the full recording of oral arguments on the TNCourts YouTube page. 

Join the Corporate Counsel Section for Knowledge Nibbles — Bring on the Booze: An In-House Counsel's Guide to Alcohol Permitting in Tennessee on Aug. 11 from 10 a.m. until noon CDT. This live virtual event will feature Rachel Lawson of Schaffer Law Firm PLLC who will discuss obtaining and maintaining an alcohol permit in the state of Tennessee. The second hour will end with participants engaging in a Q&A with Lawson and other attendees. Don't miss your chance to be part of this conversation by registering now. 

The Tennessee Supreme Court will hear arguments tomorrow in two lawsuits seeking to make absentee voting available to all eligible Tennesseans during the COVID-19 pandemic. The hearing will be live streamed starting at 10:30 a.m. CDT on the court’s YouTube page. On June 4, a lower court ruled the state must make absentee voting available to every eligible voter for all elections in 2020, including the Aug. 6 primary and Nov. 3 general election. The state has appealed. Learn more about the cases: Earle J. Fisher et al v. Tre Hargett et al., and Benjamin Lay et al. v. Mark Goins et al.

State Sen. Katrina Robinson has been charged with theft and embezzlement involving government programs and wire fraud, U.S. District Attorney Michael Dunavant announced today. The criminal complaint alleges Robinson used federal grant money issued to her for-profit nursing college to buy a vehicle for her daughter and pay for her wedding and honeymoon. She is also accused of using funds to pay off credit cards and student loan payments, buy beauty products and fund a campaign event, the Commercial Appeal reports. Robinson, a Democrat, represents Senate District 33, which includes portions of Memphis. She was elected in 2018.