TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 1, 2022
News Type: Legal News

Hamilton County General Sessions Court has received a grant from the National Center for State Courts’ Eviction Diversion Initiative to strengthen eviction diversion efforts and improve housing stability across Hamilton County. The court is one of 13 state and local courts selected through a competitive application process for the funding, Chattanoogan.com reports. General Sessions Court Judge Alexander McVeagh says the money will be used to hire a new housing stability facilitator, who will be housed in city offices but work directly with county judges to assist landlords and tenants before eviction cases are adjudicated in court. McVeagh said the grant will provide a “legal mechanism for property owners, tenants and community partners to work together in constructive ways." Learn more about the initiative.

Posted by: Stacey Shrader Joslin on Jun 1, 2022
News Type: Legal News

The Tennessee Court of Workers' Compensation Claims announced today that it will implement a new process for settlement approvals in Memphis and open a new satellite office in Lauderdale County to help alleviate the volume of cases at the Memphis office. The Memphis office will transition from an appointment to a first-come, first-served process. On Tuesdays, 20 settlements will be accepted from 8:30 to 11:30 a.m. and nine will be accepted from 1-2 p.m. CDT. On Thursdays, the office will accept 20 settlements in the morning. Then in July, the court will operate a satellite location in Ripley on the third Friday of each month from 9 to 11:30 a.m. CDT in the chancery courtroom. The satellite location also will operate on a first-come, first-served process.

Posted by: Stacey Shrader Joslin on Jun 1, 2022

The Tennessee Supreme Court today upheld mandatory minimum sentences imposed by the Hardin County Circuit Court for drug offenses that occurred in a drug-free zone near a public park, but it reversed the appeals court, which had added an additional enhancement of one classification level. Under state law, drug-free zones related to schools and public parks carry mandatory minimum periods of confinement. But with regard to the enhancement of one classification level, the court found that the legislature required that for drug-free zones at schools but not at parks. Read more about the decision from the Administrative Office of the Courts or access the opinion.

Posted by: Stacey Shrader Joslin on Jun 1, 2022
News Type: Wellness Wednesday

For those who are anxious to begin with, the prospect of taking time out to be alone with one's thoughts might sound anything but soothing. But mindfulness is growing in popularity among legal professionals, who say this form of meditation can be extremely beneficial in a line of work that is predicated on constantly hopping from one task to the next without ever stopping to reflect. The practice is generally understood as being aware of one’s own feelings without trying to judge or interpret the sentiments. For those who would like to incorporate mindfulness into their wellness plan, this article from the San Diego County Bar Association would be a good place to start.

Posted by: Stacey Shrader Joslin on Jun 1, 2022
News Type: Congressional News

A new House Republican bill would make leaking confidential Supreme Court information a crime punishable by up to five years in prison and a fine. The legislation, sponsored by Rep. Mike Johnson, R-Louisiana, is a response to the May 2 leak of a draft opinion that would strike down the landmark abortion ruling Roe v. Wade, Bloomberg Law reports. “The unauthorized leak of the draft opinion in Dobbs v. Jackson Women’s Health constitutes a grave breach of judicial ethics and a deliberate attack on the independence of the Supreme Court,” Johnson said in a statement about the bill. An investigation into the leak is continuing. Yesterday, the Supreme Court Marshal’s Office reportedly requested that clerks turn over their private phone records.

Posted by: Stacey Shrader Joslin on Jun 1, 2022

Metro Nashville government has filed a petition asking the Tennessee Supreme Court to review its recent decision that the state’s school voucher program, known as the Education Savings Account (ESA) Act, does not violate the “Home Rule Amendment” of the state constitution. Davidson and Shelby counties had challenged the law, but the court found that the amendment applies only to local education agencies. Nashville Mayor John Cooper now says the court did not properly account for the fact that Nashville and Davidson County included their combined school system in the new metropolitan government when the entities merged in 1962. The filing argues that because Nashville’s public schools are part of Metro, the ESA Act applies directly to Metro, and the state constitution’s Home Rule Amendment also applies. Nashville is also questioning the court’s wisdom in finding that the ESA Act does not impose obligations on counties, arguing that the act “triggers existing county funding obligations by forcing school districts to include students participating in the ESA program." Read more from WSMV.

Posted by: Stacey Shrader Joslin on Jun 1, 2022

Gov. Bill Lee signed new legislation this week aimed at protecting the elderly population in the state, Action News 5 reports. Backed by the Tennessee Commission on Aging and Disability, HB630/SB439 creates a searchable registry of unlicensed facilities and increases the penalty for operating a facility without a license. “This law will provide transparency for Tennessee families as they look to find care for a loved one and deter habitual unlicensed operators who seek to take advantage of our most vulnerable,” said commission director James Dunn. The state’s Elder Abuse Task Force reported in 2022 that elderly and vulnerable adults residing in unlicensed facilities are especially susceptible to neglect, abuse and financial exploitation.

Posted by: Stacey Shrader Joslin on Jun 1, 2022
News Type: Legal News

After months of trying to get answers as to why his son died while in custody at the Hardeman County Correctional Facility, Eddie Tardy now knows. With the help of attorney Daniel Horwitz and questions from Tennessee Lookout, Tardy has learned that his 34-year-old son Laeddie Coleman was fatally stabbed by three inmates in a prison day room in September 2021. District Attorney General Mark Davidson said his office has received a file on the case and will present it to a grand jury in September. Coleman is at least the fifth inmate to be murdered at the Hardeman County facility since 2014, Tennessee Lookout reports. In 2020, the Tennessee Comptroller’s Office conducted an audit that found both CoreCivic, which operates the facility, and the Tennessee Department of Correction failed to properly document inmate deaths and identify the causes.

Posted by: Stacey Shrader Joslin on Jun 1, 2022
News Type: Your Career

Disability Rights Tennessee is seeking an attorney for its Children & Youth Program. The position will review requests and determine eligibility for services, provide legal oversight for the program, represent individuals with disabilities in legal matters, draft white papers, and assist in the development of content for social media and print publications. Candidates should have knowledge of the juvenile justice and/or educational system and awareness of the disability community. Five years or more of related experience as well as experience in systemic litigation and/or civil rights cases — especially in the areas of juvenile justice, mental health treatment facilities and/or special education — is preferred. See the full job posting and other openings on TBA’s Job Link.

Posted by: Kate Prince on Jun 1, 2022
News Type: Team TBA

Time to meet the Communications Team! This is Ateia Aldridge, TBA’s Young Lawyers Division & Law Student Development Coordinator! Ateia works with the YLD to plan programs, meetings and special projects like pro bono clinics, the annual Tennessee High School Mock Trial Competition and the award-winning Diversity Leadership Institute -- just to name a few. In her spare time, Ateia loves gardening and teaching her two and four-year-old boys how to grow and care for their flowers, fruits and veggies!

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff members makes the association run. Check back every Wednesday for a new staff profile in TBA Today and on the TBA's Facebook, Twitter and Instagram accounts.


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