TBA Law Blog


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Posted by: Kate Prince on Jul 12, 2022
News Type: Passages

Attorney Michael Barry Swindle of Altamonte Springs, Florida, died on June 18. He was 77. Swingle attended college at the University of Tennessee and, after a brief stint with the U.S. Army and as a member of the Office of Staff Judges Advocate (JAG), returned to UT where he earned his law degree from the College of Law. Swindle eventually made his way to the Orlando area, where he practiced law for the remainder of his career. Though he lived for many years in Florida, his friends say he always identified as a Tennessean. A celebration of life will be held on Friday at 10 a.m. EDT at All Saints Episcopal Church of Winter Park, 338 East Lyman Ave., Winter Park, FL 32789. The family asks in lieu of flowers, a donation be made to All Saints Episcopal Church in Winter Park.

Posted by: Stacey Shrader Joslin on Jul 12, 2022
News Type: BPR Actions

White County lawyer Stephanie Branam Johnson was reinstated to the practice of law on July 8. Johnson had been suspended on June 13 for failing to respond to the Board of Professional Responsibility regarding complaints of misconduct. The board reported to the court that Johnson provided a response that was deemed sufficient for dissolution of the suspension.

Posted by: Stacey Shrader Joslin on Jul 12, 2022

The Tennessee Supreme Court last week dismissed a petition for reinstatement filed by Florida attorney David Brian Wilford. After receiving the petition, The Tennessee Board of Professional Responsibility reported to the court that Wilford had paid outstanding professional privilege taxes but remained noncompliant with continuing legal education requirements. The court sent two letters to Wilford advising him of the CLE requirements, and that the petition would be dismissed if he did not respond by July 5. The court reports that Wilford had not responded.

Posted by: Stacey Shrader Joslin on Jul 12, 2022

The Tennessee Supreme Court recently rejected a recommendation for discipline as too lenient. The Board of Professional Responsibility had recommended that Sevierville lawyer James Ralph Hickman Jr. be suspended for one year, with “no less than 90 days” to be served on active suspension and the remainder on conditional probation. The court said it was concerned that the punishment was too lenient and “not comparable to the punishment imposed in similar cases.” It also expressed concern about the indefinite language used to define the period of active suspension. The board now has 30 days to file additional information. Hickman has 20 days to file his brief, after which, the board will have 20 days to file its brief.

Posted by: Kate Prince on Jul 12, 2022
News Type: Passages

James “Jim” Montague Jr., a longtime Knoxville criminal defense attorney, passed away Saturday. He was 66. Originally from Nashville, Montague moved to Knoxville and earned his law degree from the University of Tennessee College of Law. He practiced with Randall Reagan at the firm Montague and Reagan before joining the Knox County Public Defender’s Office where he spent the last 25 years of his career. A funeral mass will be held tomorrow at 2 p.m. EDT at Cathedral of the Most Sacred Heart of Jesus, 711 S. Northshore Drive, Knoxville. A celebration of life will follow at approximately 3:30 p.m. EDT at The Square Room, 4 Market Square. Burial and graveside service will occur later in the week at Calvary Cemetery in Nashville. In lieu of flowers, the family requests that donations be made in Montague’s honor to Catholic Charities of East Tennessee or the Juvenile Diabetes Research Foundation - Make a Memorial Donation.

Posted by: Kate Prince on Jul 12, 2022
News Type: Legal News

Eighth Judicial District Judge E. Shayne Sexton has left the bench after more than two decades of service. Speaking with the Administrative Office of the Courts, Sexton says he feels good about his years of service to Campbell, Claiborne, Fentress, Scott and Union counties. “We made a difference,” Sexton said, noting his work on the creation of the district’s recovery court. He spent nine years as assistant district attorney general in the 8th district and one year in private practice before being elected to the bench in 1998. Although his official retirement date was June 30, Sexton will continue his judicial duties through the end of August.

Posted by: Kate Prince on Jul 12, 2022
News Type: TBA CLE

The TBA’s Tennessee FastTrack program is coming to Nashville on Sept. 16. Fulfill all your annual CLE requirements with this program, which will provide attendees with tips and updates in a wide range of practice areas. The program will provide you with a combination of 15 hours of live credit and prepaid credits to complete online anytime — at home or on your mobile device — allowing you to customize your learning to your schedule. The Nashville program will run from 8 a.m. until 5 p.m. CDT at Belmont University College of Law. The series will also hold sessions in Memphis on Aug. 26 and Knoxville on Sept. 23.

Posted by: Kate Prince on Jul 12, 2022
News Type: Your Career

Memphis law firm Nahon Saharovich & Trotz PLC is now accepting resumes for an associate attorney position. Successful candidates will have one year of legal experience and strong academic background. Experience in the personal injury field is preferred. To apply, email Greg Coen. Read more about this posting and find others like it on the TBA’s JobLink site.  

Posted by: Stacey Shrader Joslin on Jul 11, 2022

House Speaker Cameron Sexton and Lt. Gov. Randy McNally confirmed Friday they are considering a special session to adopt legislation that would bypass the Metro Nashville Council and deal directly with the Convention and Visitors Bureau for a host agreement with the Republican National Convention. Tennessee Lookout also reports that legislators could penalize the council for refusing to consider the agreement with convention planners. The council had been set to vote on an agreement last week but pulled the measure before votes were cast, the Tennessean reports. In a statement, Sexton said he hopes "bipartisanship will prevail, and in the next two weeks, we will have a better idea of what needs to be done — if anything — to secure the convention.”

Posted by: Stacey Shrader Joslin on Jul 11, 2022
News Type: U.S. Supreme Court

The U.S. Justice Department is calling on the U.S. Supreme Court to throw out a recent ruling that sidelined the Biden administration’s immigration enforcement priorities, Bloomberg Law reports. Department lawyers filed a request for a stay, arguing that the U.S. District Court for the Southern District of Texas overstepped its authority when it halted the policy. The 5th Circuit Court of Appeals refused to stay the district court decision. The guidelines in question direct immigration officials to prioritize the detention and deportation of people who threaten national security, public safety or border security. The Trump administration had cast a broader net, targeting anyone in the country without authorization. The government argues that given limited resources, it must focus on the most serious cases.


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