TBA Law Blog


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Posted by: Kate Prince on Jun 16, 2020

Rep. John DeBerry announced yesterday that after 26 years of serving as a Democrat, he will file to run as an independent in the next election, the Commercial Appeal reports. Earlier this year, the state’s Democratic Party Executive Committee voted to remove DeBerry from its ballot for the Aug. 6 primary after taking issue with his voting record and his history of accepting donations from GOP-aligned political action committees. The party removed him from the ballot after the filing deadline had passed, preventing DeBerry from filing again under another party. DeBerry’s announcement comes after legislation (HB1278/SB1009) passed through the General Assembly amending state election law to allow an incumbent to file on the opposing party’s ballot at least 90 days before the primary election or 90 days before the general election if running as an independent.

Posted by: Kate Prince on Jun 16, 2020

State House Speaker Cameron Sexton, R-Crossville, yesterday moved to amend a law to make camping outside the state Capitol a felony, the Tennessean reports. Sexton’s move comes days after a small campsite was set up outside the Capitol and reports began to circulate that a group of individuals intended to establish an “autonomous zone” there. The autonomous zone movement began in Seattle where organizers made a temporary encampment covering multiple blocks of the city in an effort to demonstrate a society without law enforcement. The current law, passed in 2012 after the Occupy Nashville protest, makes it a misdemeanor to camp on certain state properties that aren’t marked for doing so. Sexton’s amendment, in addition to making camping on most state property a felony, also clarifies that merely erecting a tent would qualify as camping.

Posted by: Stacey Shrader Joslin on Jun 16, 2020
News Type: Correction, Upcoming

A headline in yesterday’s issue of TBA Today misidentified the organization that is hosting an upcoming voting rights webinar. It is the YWCA Nashville & Middle Tennessee that is holding the event on June 24 from noon to 1 p.m. CDT. “Stand Against Racism: Voting in a Time of Crisis” will be moderated by Nashville lawyer Charles K. Grant of Baker Donelson and include representatives from the ACLU of Tennessee, Free Hearts and The Equity Alliance. The panel will address voting rights restoration, absentee voting and how racism affects access to the ballot. Register here to receive the link to the program. 

Posted by: Stacey Shrader Joslin on Jun 15, 2020

A record 800 lawyers have signed up for the TBA’s 2020 Virtual Convention, which kicked off today with sessions about the recent legislative session, including the effects of the pandemic on the current and future work of the General Assembly, the status of budget negotiations and the fate of policy proposals such as elimination of the professional privilege tax. Attendees heard from House Judiciary Committee Chair Michael Curcio and committee member Bill Beck, Sen. Raumesh Akbari, TBA lobbyist Brad Lampley and Berkley Schwarz, director of public policy and government affairs. A smaller group enjoyed a morning exercise session while law firm managing partners gathered in the late afternoon to share their challenges and successes. Don’t forget to tune into tomorrow for another a great day of free programming.

Posted by: Stacey Shrader Joslin on Jun 15, 2020
News Type: Legal News

The legal labor force is still dominated by white workers according to Bloomberg Law’s analysis of employment data released June 5 by the U.S. Bureau of Labor Statistics. The analysis found that blacks are under-represented in legal occupations relative to representation in the civilian workforce, while white and Asian representation in the legal field is higher than those groups’ representation in the workforce. And while there are smaller racial disparities in legal occupations as a whole, there are profound gaps in the representation of black lawyers in law firms, in-house legal departments and the federal judiciary. Read more from Bloomberg.

Posted by: Stacey Shrader Joslin on Jun 15, 2020

Knox County Circuit Court Judge Kristi Davis will take a seat on the Tennessee Court of Appeals by default without confirmation of the legislature due to the COVID-19 pandemic, Knoxnews reports. Davis was appointed by Gov. Bill Lee on May 28 to replace Charles Susano II, who retired April 30. Davis appeared remotely before the Senate Judiciary Committee on June 9 but was told by committee chairman Sen. Mike Bell, R-Riceville, that she was not going to be approved for “financial ramifications.” If confirmed, Davis would have been listed on the Aug. 6 ballot for a “yes” or “no” vote. Bell later said that it would have cost $700,000 for ballots to be reprinted or have new ones printed with her name. So, instead, her confirmation will be automatic in 60 days and then she will be on the ballot 2022. She plans to take the oath of office informally on Aug. 3 and have a more formal investiture with the governor later.

Posted by: Stacey Shrader Joslin on Jun 15, 2020
News Type: Legal News

The American Bar Association today announced the launch of a new web page to serve as a clearinghouse of ABA-related information and resources for attorneys, the legal profession and the public. The Racial Equity in the Justice System page will include statements, policies and positions, articles, model rules and standards, webinars, toolkits and training that address issues such as bias, racism, and prejudice in the justice system, law enforcement and society.

Posted by: Stacey Shrader Joslin on Jun 15, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court today declined to consider several high-profile cases, including those involving Second Amendment rights and legal protections for the police, the Hill reports. The justices chose not to hear new gun-rights disputes or the doctrine of qualified immunity during its next term. Justice Clarence Thomas dissented from the decision to deny the reviews. He was joined by Justice Brett Kavanaugh in dissenting from the denial of a new Second Amendment dispute. They argued the court should have granted review to one of the cases in order “to clarify that the Second Amendment protects a right to public carry.”

Posted by: Stacey Shrader Joslin on Jun 15, 2020
News Type: Passages

John “Jack” Scott Ballman died June 8 at the age of 93. He was a native of Chicago, but moved to Chattanooga in 1953. Ballman served in the U.S. Navy during World War II. After the war, he attended the University of Michigan, graduating with a bachelor and master degree in accounting. He became a certified public accountant and worked in that field for 11 years. In 1959, he obtained a law degree from the McKenzie College of Law in Chattanooga. In 1962, he was named treasurer and chief financial officer of Jorges Carpet Mills. In 1977, he started his own carpeting business, which he sold in 1999 when he retired. Memorial contributions may be made to the First Presbyterian Church, World Mission Fund or Bible in the Schools.

Posted by: Stacey Shrader Joslin on Jun 15, 2020
News Type: Legal News

The Napier-Looby Bar Association, an affiliate of the National Bar Association, has issued a statement on the “untimely and heinous murder of George Floyd and countless other unarmed and defenseless African-Americans.” The group, under the leadership of President Mary Beard, says it stands with the National Bar Association and its “Let Us Live” campaign. The group also says it is partnering with six African-American churches to develop community education forums and will continue to assist with pro bono legal clinics and collaborate with bar associations and civil organizations to pursue justice and fairness for African-Americans. Read the full statement.


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