TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 26, 2020
News Type: Upcoming

The Alliance for Justice is hosting a new virtual series: May I Approach? Courts and the Power of Inclusion. The first session will take place Wednesday at 5 p.m. CDT and will focus on the impact of black women appellate judges. According to organizers, the event will explore the current landscape of diversity among appellate judges, the opportunities and obstacles to increasing representation of Black women on appeals courts, and why diversity is important on the bench. Panelists will include U.S. Circuit Court of Appeals for the 6th Circuit Judge Bernice B. Donald, the first Black woman elected judge in Tennessee.

Posted by: Stacey Shrader Joslin on Jun 26, 2020
News Type: Legal News

The National Law Journal this week released its “Women’s Scorecard,” a ranking of the percentage of female attorneys and female partners at the largest 350 firms in the country in 2019, issued as part of the annual NLJ 500. Overall, women accounted for 37% of firm lawyers, 24% of partners and 21% of equity partners. Firms in the Top 10 with offices in Tennessee included Constangy Brooks Smith & Prophete, FordHarrison, Jackson Lewis, Littler Mendelson and Ogletree Deakins. Above the Law reports it was the first appearance on the list for Ogletree, which recently created a sponsorship program to support female nonequity partners advancing to the equity level. In related news, Frost Brown Todd recently announced it was named a “Gold Standard Law Firm” by Women in Law Empowerment Forum for the eighth year. The designation recognizes inclusion and equality efforts based on several benchmarks.

Posted by: Stacey Shrader Joslin on Jun 26, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court ruled 7-2 yesterday that the government can remove some people seeking asylum without allowing them to make their case to a federal judge, SCOTUSBlog reports. The ruling dealt with “the narrow legal question” of whether an asylum seeker can file a petition for habeas corpus to review any alleged legal or constitutional errors by an asylum officer. The court found the habeas claim was not applicable in this situation. Expedited removal allows immigration officials to make an immediate decision to remove a person without a hearing if the person is apprehended within 100 miles of a border and are unable to prove they have lived in the country for more than two weeks.

Posted by: Kate Prince on Jun 25, 2020
News Type: Legal News

Gov. Bill Lee announced today that he has appointed Logan Hampton, president of Lane College, to the state Capitol Commission, the Knoxville News Sentinel reports. Lee also named Department of Finance and Administration Commissioner Butch Eley as the new chairman of the commission, replacing Stuart McWhorter, who was chairman before leaving the Lee administration to enter the private sector. The commission is responsible for deciding whether the keep or remove the controversial Nathan Bedford Forrest bust that sits on the second floor of the state Capitol. After hearing arguments from both sides in February, then-chairman McWhorter said the group would not decide until all its vacancies had been filled. Hampton replaces former Jackson Police Department Deputy Chief Tyreece Miller, who left the post after being nominated by President Trump to serve as U.S. marshal for the Western District of Tennessee. One vacancy is left to fill after the recent death of commission member Reavis Mitchell. Lee said he will call the commission to meet shortly after all vacancies are filled.

Posted by: Kate Prince on Jun 25, 2020

A bill that reforms Tennessee’s drug-free school zone law passed through the state House and Senate last week, but advocates of the reform say it doesn’t completely fix the problem. The drug-free law, which dates back to 1995, adds mandatory minimum sentences for drug sales that take place near schools, daycare facilities, public libraries, recreation centers and parks and upgrades convictions to the next felony grade. Under the new legislation, HB2517/SB2734, drug-free zones shrink to 500 feet, judges are allowed more flexibility in sentencing and those convicted under the law will now be eligible for parole. However, the bill is not retroactive and about 400 people who were sentenced under the old law will remain in prison. Nashville attorney Daniel Horowitz, who has already helped free one client and is working to free another, wants Gov. Bill Lee to commute the sentences of those serving time under the old law. WPLN has the full story.

Posted by: Kate Prince on Jun 25, 2020
News Type: Legal News

Davidson County Chancellor Ellen Hobbs Lyle has ruled that Metro’s Sports Authority violated the Open Meetings Act in November 2018 when it met to approve the contract for a new professional soccer stadium, WPLN reports. Lyle says that $192 million contract between Metro and Mortenson/Messer Construction Company has no effect. The ruling states that the delayed 48-hour notice of the irregularly scheduled meeting to approve the contract, “when there was no immediate urgency or emergency for such short notice, was inadequate notice to the public.” In the lawsuit, Metro said it hadn’t violated the Open Meetings Act because the public can only observe Sports Authority meetings, but there’s no allocated time for comments. Lyle called that argument “irrelevant.” Metro will now have to reaffirm the contract in a public meeting if it wants to move forward with the stadium.

Posted by: Kate Prince on Jun 25, 2020

The Tennessee Supreme Court today released a statement reinforcing its commitment to providing equal justice for all Tennesseans. To help ensure that justice is served for all, the high court will continue to provide implicit bias training for all judges and says it has also directed the Access to Justice Commission to “establish a new initiative to identify and eliminate barriers to racial and ethnic fairness and justice.” The commission will work to advise the court on how to effect change in the areas of education and training, the judicial environment and court policies and procedures that in any way lead to racial bias. “Change is needed and only can happen through listening, as well as valuing and respecting a myriad of voices with different perspectives and views,” the statement says. “Our commitment today is another step in what will be a long, sustained journey.” Read the full statement from the State Courts website.

Posted by: Jarod Word on Jun 25, 2020
News Type: TBA CLE

There is still time to sign up for the TBA LGBT Forum 2020, taking place virtually tomorrow at 10 a.m. CDT. This year’s very special program will take an in-depth look at the Obergefell decision on its five-year anniversary, featuring federal judges, plaintiffs and the team who assisted with the monumental case that guaranteed marriage rights for all Americans. Don’t miss this rare opportunity to get a "behind the scenes" look at what it takes to prepare and argue a case before the nation’s high court and celebrate a milestone of equality. Attendees will be sent Zoom instructions upon registering for the forum.

Posted by: Kate Prince on Jun 25, 2020
News Type: Legal News

A crowd of more than 150 people, most of them lawyers, marched through the streets of Memphis yesterday during the Bar Unity March to protest racism. The Memphis Bar Association, Ben F. Jones Chapter of the National Bar Association and the Association for Women Attorneys organized the event to show the Memphis legal community’s recognition of racism in the legal system and to show their commitment to creating change. Marchers gathered at the Walter L. Bailey Jr. Criminal Justice Center at 201 Poplar at 8:46 a.m., signifying the 8 minutes and 46 seconds a now-fired Minneapolis police officer knelt on the neck of George Floyd, ultimately causing his death. The crowd heard remarks from attorney leaders and observed 8 minutes and 46 seconds of silence in Floyd’s honor before marching to the Juvenile Courthouse and back. TBA Young Lawyers Division President Terica Smith spoke at the march and urged lawyers to “choose accountability and be a voice for those who are systematically oppressed and prejudiced.” Read more from the Commercial Appeal

Posted by: Kate Prince on Jun 25, 2020

The Tennessee Supreme Court ruled yesterday that it will not block a judge’s order allowing a vote-by-mail option for all eligible voters during the COVID-19 pandemic, the Tennessean reports. Davidson County Chancellor Ellen Hobbs Lyle earlier this month ordered that expansion to protect the health of voters during the pandemic. The majority of the justices voted against stopping the absentee voting expansion pending appeal, but agreed with the state’s wish to fast-track the appeal without a lower appellate court considering it. State officials have opposed the expansion, saying it wouldn’t be feasible due to lack of money, personnel and equipment. The high court wrote that it considered those issues, but found that the state “has not met its burden of demonstrating that the balance of the relevant factors weighs in favor of a stay pending appeal." Voters can apply for an absentee ballot until July 30.


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