Davidson County Chancellor Ellen Hobbs Lyle yesterday ordered the state to give all registered voters the option to request a ballot by mail, The Tennessean reports. Currently, Tennessee has limited the use of absentee ballots and mail-in voting to those who are actively sick, disabled, traveling or elderly. The risk of being exposed to COVID-19 has not been considered justification to submit a vote by mail. State attorneys argued that making mail in voting widely available was not feasible. Lyle countered that argument by pointing to a number of other Southern states that are making such an option available. In a statement released today, Tennessee Attorney General Herbert H. Slatery III said the court “gave little weight to the unanimous expertise of state and county election officials that hastily expanding absentee voting is impracticable and risks disenfranchising Tennessee voters.” 

The TBA hosted a virtual program for new lawyers today as part of this month’s celebration of new admittees. The program offered an opportunity for newly admitted lawyers to meet and ask questions of TBA leaders. Next week, attendees have been invited to several virtual social events with leaders of the TBA Young Lawyers Division. Swearing-in proceedings are being held mostly for individual lawyers by local courts due to the COVID-19 pandemic and need for continued social distancing.

The TBA’s Animal Law Forum 2020 will take place Sept. 18 at the Nashville Zoo and will provide updates on trends and advancements in animal law. The zoo’s president and chief executive officer will be on hand to discuss conservation efforts, laws affecting procurement, care for zoo animals and more. Four other speakers will cover topics such as wildlife conservation in the state, farm animals and the law, veterinary malfeasance, cases involving injuries caused by animals, and a legislative update. Programming will run from 8:30 a.m. to 5 p.m. CDT Zoo admission, breakfast and lunch are included.

After a recess in March due to the COVID-19 pandemic, the Tennessee General Assembly is officially back in session. And if the legislature is back in session, so are TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley. A new episode of the TBA Legislative Updates podcast is out now and features a status report on the professional privilege tax and TBA-sponsored bills, including legislation from the Business Law (SB1990/HB1886), Real Estate (SB1989/HB1885) and Adoption Law (SB1769/HB1676) sections. Legislative Updates is part of the TBA Podcast Network and can be found on the TBA’s website and anywhere you listen to podcasts.

Legal Aid of East Tennessee is now hiring for a staff attorney available out of the Knoxville, Chattanooga, Johnson City or Morristown office to assist seniors in general civil legal matters. This position will be part of a state-wide Elder Trust Consortium, a first-of-its-kind partnership between legal aid programs in Tennessee to bring high-quality legal services to seniors. Ten years of legal experience is preferred. Demonstrated commitment to high-quality legal work and equal access to justice is required. The position is funded through October 2021 and continuation is contingent on continued grant funding. Applicants should submit a letter of interest, resume, three references and a writing sample to Crystal Lugo, Human Resource Specialist, Legal Aid of East Tennessee, 535 Chestnut Street, Suite 360, Chattanooga, TN, 37405.

Reference and customer support services at Fastcase will be unavailable Friday as the company gives its New York and Washington, D.C., based employees a paid mental health holiday. The Fastcase, Docket Alarm and NextChapter software services will all be online and functioning. Fastcase Vice President of Alliances and Business Development Joe Patz Vineyard says its team has been “buckling down” to put users first during the COVID-19 pandemic and after a week of standing in solidarity with “those who are fighting for human rights,” the break is needed. “These events have pressured a team already stretched very thin, and to support our co-workers, we are going to close all Fastcase offices for a paid mental health holiday tomorrow.”

Davidson County Chancellor Ellen Hobbs Lyle in a virtual hearing yesterday called the state’s guidelines about who can vote by mail due to the COVID-19 pandemic “very ambiguous,” the Associated Press reports. Two lawsuits have been filed against the state, seeking absentee voting for all voters this year in an attempt to help keep the COVID-19 virus from spreading at polling locations. Lyle cited “weighty proof” that other states have expanded to let all voters cast absentee ballots this year, but cautioned that whatever she orders needs to be “a practical, workable solution, or it will throw the election into chaos.” She said she will rule next week on whether to issue a temporary injunction to allow all voters to request absentee ballots for the Aug. 6 primary, something Tennessee officials say is not feasible. A federal lawsuit is also pending.  

Gov. Bill Lee has asked the state Senate to prioritize a bill that would release him from having to proclaim July 13 as Nathan Bedford Forrest Day, the Tennessean reports. State law currently requires the governor to proclaim that annual day of observation honoring the Confederate general and early Ku Klux Klan leader. It is among several special days of observation in Tennessee pertaining to the Confederacy. Lee signed the proclamation last year and, within days, after widespread criticism announced he would work to undo the existing requirement. The bill passed through the House in March, but was not originally among legislation the Senate said it would take up before adjourning for the year. Lee’s bill would remove the requirement that he proclaim Forrest Day and, after it was amended by the House, would now extend to all days he is currently required to proclaim.

The Tennessee Court of Criminal Appeals will livestream oral arguments on June 9, the first time any in-person appellate proceeding in the state has been livestreamed. The intermediate appellate court will hold in-person proceedings on four cases in Nashville. Under the judicial emergency currently in effect, access to the courthouse will be limited, but proceedings will be livestreamed and available through video or call-in. Judge Thomas T. Woodall, Judge Robert L. Holloway Jr. and Judge Timothy L. Easter will hear the cases at 9 a.m., 10:45 a.m., 1:30 p.m. and 3:15 p.m. CDT. The cases will be livestreamed through the Tennessee State Courts YouTube page. For those who want to listen in only, the State Courts website has more information on how you can dial in.

A total of four men have been arrested on varying charges related to damage at the Metro Historic Courthouse on Saturday, the Tennessean reports. The vandalism took place after a peaceful rally to protest the death of George Floyd, a black man killed by a police officer in Minneapolis. Wesley Somers and Jesse Lee Clark were charged with aggravated arson, vandalism and disorderly conduct after police say they broke courthouse windows and set fires inside. Police also claim Tondrique Fitzgerald ripped down a granite plaque commemorating the civil rights movement from the courthouse’s exterior and Vincent Hamer used objects to break at least two courthouse windows. Both of those men have been charged with aggravating rioting and vandalism. Officials say a small group of instigators infiltrated the peaceful “I Will Breathe” rally and march on Saturday, which drew more than a thousand people to downtown Nashville.