TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 27, 2020

The Pandemic Response Accountability Committee, a panel of two dozen federal inspectors general charged with coordinating oversight of the coronavirus relief effort, has named Robert Westbrooks as its director. Westbrooks, a certified public accountant and an attorney, previously served as inspector general of a federal retirement benefit program, and has held senior positions at the Small Business Administration, Department of Transportation and U.S. Postal Service. The committee is also being led by acting chair Michael Horowitz, the Justice Department’s inspector general, Politico reports. In addition to naming its leadership, the group unveiled a website that catalogues its ongoing review of the federal response and provides an option to submit allegations of waste, fraud, abuse or retaliation against whistleblowers; feedback about the government's response; and a clearinghouse for all U.S. attorney statements and filings related to the pandemic.

Posted by: Stacey Shrader Joslin on Apr 27, 2020
News Type: TBA CLE

Interested in improving your writing? Join us on Wednesday from 3 to 4 p.m. CDT for a presentation by Lucy Jewel, professor of law and director of legal writing at the University of Tennessee College of Law. Jewel will explain how to apply classical principles of rhetoric to craft compelling briefs. The course offers one dual credit.

Posted by: Stacey Shrader Joslin on Apr 27, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court on Friday declined a request by states who cited the COVID-19 pandemic in asking the justices to temporarily halt a Trump administration policy making it harder for legal immigrants to become permanent residents if they use public benefits. The justices had voted 5-4 in January to allow the administration to implement its policy while lawsuits against it continued. But lawyers for Connecticut, New York, Vermont and New York City asked the justices to reconsider, saying the rule was hindering their ability to stop the spread of the virus by “deterring immigrants from accessing healthcare and public benefits.” Friday’s order was brief with no justice noting disagreement. The Times Free Press has the report from the Associated Press.

Posted by: Stacey Shrader Joslin on Apr 27, 2020

Finance Commissioner Butch Eley announced a state hiring freeze in a memo to department heads today, the Tennessee Journal reports. Departments are also instructed to put off equipment purchases not related to the COVID-19 response or work-from-home initiatives. Exceptions include “mission critical areas necessary for the public welfare.” Promotions, demotions, and transfers within agencies are not covered by the freeze unless they lead to an increase in the employee count. Eley writes that the “economic effects of the worldwide public health crisis brought on by COVID-19 will ripple through the state’s economy and have a negative impact on the state budget” thereby requiring “each agency begin to restrain discretionary spending … until further notice.”

Posted by: Stacey Shrader Joslin on Apr 27, 2020

Those leaving prison are finding that adjusting back to “normal” life is not really an option right now, WPLN reports. Bettie Kirkland, executive director of Project Return — an organization dedicated to helping newly released individuals transition into the workforce — says, “People getting out of prison have always faced … nearly insurmountable odds, [but] with COVID-19, it’s just raised it to a whole other level.” Those recently released are facing limited job opportunities, resources and support systems. Nashville defense attorney David Raybin also says they are not able to meet with parole officers to get the help they need.

Posted by: Stacey Shrader Joslin on Apr 27, 2020

Tennessee Attorney General Herbert H. Slatery III issued an opinion today regarding the priority of Gov. Bill Lee’s executive orders governing the state’s emergency response during the COVID-19 health crisis, finding that state emergency directives supersede any conflicting action taken by local governments. The opinion was requested by Lt. Governor Randy McNally and state House Speaker Cameron Sexton. In the opinion, Slatery writes that, “The General Assembly clearly intended the Governor’s emergency management powers to be exclusive and to override any action taken by political subdivisions and local agencies that conflicts with the Governor’s executive orders. This avoids the unmanageable predicament of multiple governmental actions in the midst of an emergency.” Read more in this release.

Posted by: Stacey Shrader Joslin on Apr 27, 2020

The California Supreme Court has delayed the July bar exam until September and directed officials to “make every effort possible” to administer the test online with a combination of electronic and remote proctoring, the ABA Journal reports. The court declined to adopt “diploma privilege” for graduating law students but said if the September exam becomes infeasible, it would consider altering or amending its directives. In related news, the Massachusetts Supreme Judicial Court and the Board of Bar Examiners announced last week that it will create and deliver its own online bar exam if it is unsafe to deliver the traditional test in September, though they note that such an exam would only allow for local admissions. It also declined to adopt emergency diploma privilege, Law.com reports.

Posted by: Stacey Shrader Joslin on Apr 24, 2020
News Type: COVID-19 News, TBA CLE

The TBA’s Adoption Law Section will host a videoconference roundtable discussion next Thursday from 1 to 2 p.m. CDT regarding best practices and tips for adoption lawyers in these uncertain times. Join Adoption Law Section members to discuss changes in business, DCS interactions, in-person surrenders and other issues that have arisen and the steps taken to address them. This roundtable discussion is free and open to all TBA members.

Posted by: Stacey Shrader Joslin on Apr 24, 2020

President Donald Trump today issued a disaster declaration freeing up federal assistance for eight Tennessee counties slammed by heavy storms and tornadoes in mid-April, the Times Free Press reports. The president's action makes federal funding available to affected individuals as well state and local recovery efforts in Bradley and Hamilton counties. Individual assistance includes grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs to help individuals and business owners recover. Those eligible for assistance can begin the application process at disasterassistance.gov and can get help by calling 800-621-3362. In addition, the declaration makes funding available to state and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency work as well as repair or replacement of facilities damaged in six other counties: Campbell, Marion, Monroe, Polk, Scott and Washington.

Posted by: Stacey Shrader Joslin on Apr 24, 2020

The Court of Workers’ Compensation Claims said yesterday that it will continue with telephonic settlement approvals through the month of May and possibly beyond. It also reports that the Bureau of Workers’ Compensation has postponed its Workers’ Compensation Educational Conference, which was scheduled for June 10-12 in Murfreesboro. The agency says it is polling constituents to gauge interest in a rescheduled event later this year. Finally, the court issued several opinions in the last week, one that affirmed an alleged mental injury, one that reaffirmed the Direct and Natural Consequence Rule and one that reaffirmed the concept that subject matter jurisdiction is a "threshold inquiry." Read about the last two here.


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