TBA Law Blog


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Posted by: Berkley Schwarz on Mar 20, 2020

In light of the ongoing COVID-19 pandemic, state lawmakers recessed last night after passing an amended, bare-bones budget, the Tennessean reports. Lawmakers are scheduled to return on June 1. Not surprisingly, the newly passed budget looks very different from the budget proposed earlier in the year. The scaled back budget establishes a $150 million fund to cover public health issues related to the pandemic, makes a $350 million contribution to Tennessee's reserve fund, and includes $37 million to start the governor's signature voucher initiative, all while making $401 million in reductions from Lee's initial proposal. Many items were cut, including funds that would have allowed the professional privilege tax to be eliminated or reduced, and money to increase spending for indigent representation.

Before the early adjournment, the TBA’s adoption bill (SB1769/HB1676) was signed into law and the TBA’s business law legislation (SB1990/HB1886) passed the House and Senate and was sent to Gov. Lee on March 17. All other pending legislation is on hold for now. The TBA will continue to work with lawmakers on legislation during the recess and will be ready to go on June 1 or whenever the legislature reconvenes.

Posted by: Stacey Shrader Joslin on Mar 20, 2020
News Type: TBA CLE

Yesterday’s issue of TBA Today contained an old link for this program. Now you can watch any of the seven videos from the forum or buy the whole package through our 1-Click offerings. The Law Tech Forum continues to be one of TBA’s most popular programs. Don’t miss your chance to catch the Bill and Phil Show, Future Proofing the Practice of Law, Digital Forensics in the eDiscovery World and much more.

Posted by: Kate Prince on Mar 19, 2020

More than 300 law students, paralegals and student paralegals from across the country have joined forces to provide pro bono assistance for COVID-19 related matters. These students stand ready to provide research, drafting and other support on projects including drafting for bail motions, supporting efforts to seek release from immigration custody and research regarding paid leave policies. Students interested in volunteering need to fill out this form. Attorneys interested in receiving student support need to fill out this form. Questions and concerns can be directed to Alyssa Leader, a student helping to coordinate this pro bono effort. 

Posted by: Kate Prince on Mar 19, 2020
News Type: Upcoming

The American Bar Association today cancelled its Equal Justice Conference, scheduled for May 6-9. It is exploring the possibility of rescheduling for a date later this year. The ABA asks that those already registered for the event hold off on requesting a refund until a decision on rescheduling is made, however, if that is not possible full refunds can be requested by emailing EJC@americanbar.org.

Posted by: Stacey Shrader Joslin on Mar 19, 2020

Updates from the TBA include the postponement of the Dispute Resolution Forum and the Bankruptcy Forum, both originally scheduled in April and May. News from other legal organizations is posted online at the TBA’s Pandemic Resource Center. Updates for today include news from the Hamilton County Circuit Court Clerk's Office, National Legal Aid & Defender Association about its Equal Justice Conference, Tennessee Attorney General’s Office and Volunteer Lawyers & Professionals for the Arts. The site also includes resources for the legal community for office management and well-being during a pandemic.

Posted by: Kate Prince on Mar 19, 2020

The Office of the Attorney General is closed to outside visitors at this time, but has made alternative arrangements for service of process. During this time, the personal service requirement has been waived. Service may be mailed to Office of the Attorney General and Reporter, P.O. Box 20207, Nashville, TN 37202-0207, if it meets the following conditions: the summons and complaint is emailed in PDF format to tnattygen@ag.tn.gov; the subject line of the email clearly states that a complaint has been filed; a cover letter is attached to the email stating the caption of the action, the trial court file number, a list of all attached documents, the date of transmission, and the sender’s name, address, telephone number and email address. Acknowledgement of receipt of the summons and complaint will be returned in PDF format to the email address provided by the sender. For questions call 615-741-3491 or email tnattygen@ag.tn.gov.

Posted by: Kate Prince on Mar 19, 2020
News Type: Legal News

U.S. District Judge Eli Richardson will allow a lawsuit filed by a Wayne County student against Rep. David Byrd, R-Waynesboro, to proceed, WSMV reports. The student claims school officials violated free speech rights by telling students to wear t-shirts promoting Byrd during a 2018 trip to “Senior Day on the Hill," an event hosted by Byrd for high school seniors. Lawyers for Byrd argued that the student didn’t attend the field trip and asked for the case to be dismissed, but Richardson ruled Wednesday that those arguments were not sufficient.

Posted by: Kate Prince on Mar 19, 2020

Davidson County Sheriff Daron Hall said today that some inmates will be released in response to the COVID-19 threat, the Tennessean reports. “It’s critical we reduce the inmate population now,” Hall said in the statement. He also encouraged others in the criminal justice system to do the same. Approximately 15 people will be released immediately. In Memphis, Shelby County Sheriff Floyd Bonner told the Daily Memphian that he lacks the authority to release detainees, but will work to review the files of nonviolent inmates who could then be passed to the courts for release consideration.

Posted by: Kate Prince on Mar 19, 2020
News Type: Legal News

A federal judge has issued a preliminary injunction in a lawsuit over Davidson County’s long-running cash bail policies, the Tennessean reports. The American Civil Liberties Union (ACLU) filed suit against Davidson County last month on behalf of the Nashville Community Bail Fund (NCBF), an organization that claims the county’s practices are unconstitutional. The injunction, filed Tuesday in federal court, stops the city from requiring defendants to agree that money posted to ensure release can be seized as payment of court fees that have not yet been set. Currently, the injunction only applies to cases handled by the NCBF, but a press release from the ACLU says the final order may be applied to all Davidson County cases.    

Posted by: Barry Kolar on Mar 19, 2020

The TBA has postponed the Reporters Workshop planned for May 1-2 in Nashville. A new date will be announced once it has been established. The program, sponsored by the TBA and its Communications Section, provides training for journalists, with a focus on access to government information, defamation and privacy concerns in reporting, and other timely topics. Journalists can still apply to take part in the program, which is limited to 15 participants. All applicants will be notified once a new date is set.


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