TBA Law Blog


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Posted by: Kate Prince on Jun 7, 2022
News Type: Legal News

The Tennessee Alliance for Legal Services (TALS) is now accepting nominations for its annual access to justice awards. The Janice M. Holder Award, the B. Riney Green Award and the New Advocate of the Year award recognize those who have contributed to Tennessee’s equal justice community and will be awarded during the annual Equal Justice University (EJU) conference on Aug. 31-Sept. 2. Nominations and supporting documents are due by July 8. Visit TALS’ award nomination page for nomination instructions, the awards nomination form, and specific eligibility and criteria for each of the three awards.

Posted by: Kate Prince on Jun 7, 2022
News Type: TBA Convention 2022

The annual Lawyers Luncheon will take place next Friday at noon CDT at the Downtown Nashville Hilton as part of the 2022 TBA Convention. The event will include presentation of a number of awards, including the Justice Frank F. Drowota III Award, the Justice Joseph W. Henry Award for Outstanding Legal Writing, the Judge Pamela L. Reeves Tennessee Professionalism Award, the Claudia Jack Award, the Fourth Estate Award, the YLD Fellows William M. Leech Jr. Public Service Award, and President’s Awards for those who served with distinction this past year. The lunch also will include passing of the gavel from TBA President Sherie Edwards to President-elect Tasha Blakney and oath of office administered by Tennessee Supreme Court Chief Justice Roger Page. Don’t miss this opportunity to celebrate the good work of colleagues and hear about Blakney’s vision for the new bar year. Admission to the luncheon is included in the full 2022 Convention registration or individual tickets can now be purchased.

Posted by: Stacey Shrader Joslin on Jun 6, 2022

The Tennessee Supreme Court today affirmed a 30-day suspension for Davidson County attorney Candes Vonniest Prewitt. A Board of Professional Responsibility (BPR) hearing panel found that Prewitt violated multiple provisions of the Tennessee Rules of Professional Conduct in her handling of a personal injury case for a client with whom she had a romantic relationship, including Rules 1.1, 1.3, 1.7, 1.16 and 8.4(a). The BPR recommended that the court impose a 30-day suspension, 10 extra hours of continuing education in ethics, and supervision by a practice monitor for six months after reinstatement. On appeal, the Davidson County Chancery Court and the Supreme Court affirmed the panel’s decision. The high court ruled that the discipline was supported by substantial and material evidence and was neither arbitrary nor an abuse of discretion. It also noted that though Prewitt complained of a hearing panel’s alleged conflict of interest, she waived the issue during the disciplinary proceedings.

Posted by: Stacey Shrader Joslin on Jun 6, 2022

Individual tickets to a number of TBA’s 2022 Convention events are now available for purchase. Tickets for events taking place next Thursday include law school alumni breakfasts, the Bench Bar Luncheon and the joint evening social event with judges at Fifth and Broadway. Tickets for next Friday’s Lawyers Luncheon also are available. Full convention registration, which includes all of the events above plus nine hours of CLE credit, also remains available.

Posted by: Stacey Shrader Joslin on Jun 6, 2022

Following this year’s Bench Bar program, which focuses in part on judges as leaders, the Bench Bar Luncheon will feature a judge who has been a leader throughout her career: U.S. 6th Circuit Court of Appeals Judge Bernice Donald. In 1982, Donald was elected to the General Sessions Criminal Court, where she became the first African American woman to serve as a judge in the history of the State of Tennessee. When she was later appointed as a judge on the U.S. Bankruptcy Court for the Western District of Tennessee, she became the first African American woman in the history of the United States to serve as a bankruptcy judge. From there she went on to serve on the U.S. District Court for the Western District of Tennessee and the 6th Circuit Court of Appeals, becoming the first Black female judge on each of those courts. Don’t miss the opportunity to hear from Judge Donald, who is set to take senior status on the court as soon as her replacement is confirmed. Admission to next Thursday's luncheon is included in the full 2022 Convention registration or individual tickets can now be purchased.

Posted by: Stacey Shrader Joslin on Jun 6, 2022
News Type: Legal News

Tennessee lawmakers last year created a rare chance for defendants on death row to have their sentences reviewed under new intellectual disability standards. Attorneys for Byron Black — who was sentenced to death for three 1998 murders — now have filed an appeal with the state Court of Criminal Appeals after Senior Judge Walter Kurtz declined to review it earlier this year, the Tennessean reports. Kurtz ruled that because Black previously challenged his sentence under the old law and lost, he is not eligible to bring a challenge under the new law. Black’s attorneys have long argued Black’s intellectual disabilities should bar him from execution. Nashville’s district attorney also supported the motion considered by Kurtz, which would have allowed Black's sentence to be reset to life in prison without parole.

Posted by: Stacey Shrader Joslin on Jun 6, 2022
News Type: Legal News

The Tennessee Department of Revenue has started issuing notices related to 2022 legislation affecting the agency. Notices issued last week include one related to a change in county motor vehicle title fees and six related to application of the state sales tax, including for computer software, gun safes and safety devices, broadband investment, coins/currency/bullion, vendor’s compensation, and food tax holiday. To receive alerts as new notices are issued, sign up for the department’s email list.

Posted by: Stacey Shrader Joslin on Jun 6, 2022

The Arts & Business Council's Volunteer Lawyers and Professionals for the Arts is joining the law firm of Bradley Arant Boult Cummings in providing free legal services for Black-owned small businesses and nonprofits at a clinic next Thursday. Issues to be covered include questions about business formation, corporate governance, contract review and navigating local ordinances and state regulations. Eligible businesses may receive up to one hour of assistance but must register by June 13. Clients may sign up online. To volunteer, email vlpa@abcnashville.org.

Posted by: Stacey Shrader Joslin on Jun 6, 2022

Tennessee Rep. Vincent Dixie, D-Nashville, says he plans to sponsor a bill in 2023 requiring handgun buyers to register with the state, Tennessee Lookout reports. The legislation would be modeled on a North Carolina law that requires handgun purchasers to obtain a pistol purchase permit from a local sheriff. The requirement would also apply to private sales, gifts and inheritances, but it would not apply if the individual has a concealed handgun permit from the state. In the wake of recent shootings, Dixie says this should be the “bare minimum” for people who want to buy handguns. “We need to stop the sale of guns to people who should not have them.”

Posted by: Stacey Shrader Joslin on Jun 6, 2022

Davidson County Chancellor Russell Perkins ruled Friday that the Tennessee Republican Party violated the state open meetings act when it met in private to remove Robby Starbuck from the primary ballot in the 5th Congressional District race. In declaring the removal void, Perkins ruled that Starbuck’s name should be restored to the ballot, Tennessee News Journal reports. The party could decide to appeal but the timing is tricky; the deadline to finalize ballots for the Aug. 4 primary is Friday. The Journal has the opinion.


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