TBA Law Blog


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Posted by: Kate Prince on May 5, 2022

Have you heard of a “lollipop” moment? Today’s #WellbeingWeekinLaw theme is CONNECT: Social Well-Being. Watch the TEDx talk “Creating More Lollipop Moments” on how everyday acts of kindness or social connection can have a large impact.

Posted by: Kate Prince on May 4, 2022
News Type: Legal News

Gov. Bill Lee has until Friday to sign the new truth-in-sentencing bill or it will become law without his signature, the Tennessee Lookout reports. Some lawmakers had suggested Lee might veto the measure as it conflicts with his criminal justice reform efforts and is expected to drive up prison costs. The bill, HB2656/SB2248, would require those convicted of certain violent crimes to serve 100% of their sentence. In an opinion piece for the Tennessean, Nashville criminal defense attorney David Raybin calls on Lee to veto the bill. “With his veto pen, Governor Lee has an opportunity to give the General Assembly a chance to reconsider ill-advised, mass incarceration legislation,” Raybin writes. 

Posted by: Kate Prince on May 4, 2022
News Type: Legal News

After abruptly halting the execution of Oscar Franklin Smith last month, Gov. Bill Lee on Monday announced "an investigation by a respected third party” into the state’s lethal injection protocols. Heading up that investigation is Memphis attorney Ed Stanton III, West Tennessee’s top federal prosecutor during the Barack Obama administration. Now an attorney at Butler Snow, Stanton’s assignment doesn’t address the validity of the death penalty itself. Instead, the governor’s office said Stanton will investigate "What led to testing the lethal injection chemicals for only potency and sterility but not endotoxins, a sign of bacteria in the compound, ahead of the April 21 execution." Former Memphis and Shelby County Mayor A.C. Wharton said the job is “one of the most important assignments any member of the legal profession could receive.” The Commercial Appeal has more on Stanton and his latest assignment from the governor.

Posted by: Kate Prince on May 4, 2022
News Type: Legal News

The town of Mason, Tennessee, yesterday announced it has reached an agreement with the state that will prevent the Tennessee Comptroller from taking over its finances, the Associated Press reports. Mason, a predominantly Black town, had argued that state officials were placing unfair scrutiny on their finances and treating town leaders differently than white administrators in the same financial situations. Davidson County Chancellor Anne Martin last month denied the town’s request to temporarily halt the takeover while it made its way through court. The deal will require Mason officials to notify the state of any non-payroll expenditures over $1,000. They’ll also have to file monthly reports, instead of the weekly reports as originally negotiated, and the monthly payment Mason must make to its water and sewer funds was cut down by almost 50%. The agreement must still be approved by Martin.

Posted by: Kate Prince on May 4, 2022
News Type: Upcoming

TBA President Sherie Edwards will give an ethics presentation during the Ninth Annual Mid-South Agriculture and Environmental Law Conference scheduled for June. Edwards’ talk, “Attorney Wellness & Diversity in the Legal Profession: Ethics,” will draw heavily from the top priorities she set as TBA president. “…three of my top priorities have been business education, attorney wellness, and diversity,” Edwards said. “I’m looking forward to addressing attorneys and wellness in such a unique venue that pulls in a large number of attorneys and other ag professionals from throughout Tennessee and the region.” The conference will be hosted by the University of Memphis Cecil C. Humphreys School of Law on June 9 and 10. Edwards will present at 9:30 a.m. CDT on June 10. Read more on the event.

Posted by: Kate Prince on May 4, 2022

A bill that critics say criminalizes homelessness will become law without the approval of Gov. Bill Lee, the Tennessee Journal reports. The measure, House Bill 978, makes camping on public property a misdemeanor punishable by a $50 fine or community service. It defines camping as erecting temporary structures, cooking, or sleeping outside of a motor vehicle. Lee earlier this week expressed concerned about “unintended consequences” contained within the bill, but didn’t elaborate.

Posted by: Kate Prince on May 4, 2022
News Type: Legal News

Intuit Inc., the owner of TurboTax, has agreed to pay $141 million for deceiving consumers into paying for tax services that should have been free. All 50 states and the District of Columbia have signed onto the settlement which was led by Tennessee Attorney General Herbert Slatery and New York Attorney General Letitia James. About 111,000 Tennessee consumers will be eligible to receive payments of about $30 for each year during tax years 2016-2018 they used a paid TurboTax product when they qualified to file free through the IRS program. An investigation into Intuit was initiated following a ProPublica report that showed the company was using deceptive digital tactics to steer low-income consumers toward its commercial products and away from federally-supported free tax services. Read more on the case from the AG’s Office.

Posted by: Kate Prince on May 4, 2022
News Type: Team TBA

Please welcome the newest member of the TBA staff – Jamie Rhode! Jamie is our new CLE Coordinator and will be managing CLE customer service and supporting CLE programs and events. Jamie was previously a customer support agent at V Shred and has an extensive background in customer service, most notably with companies like Lyft and Verizon. Outside of the TBA, Jamie is a competitive ballroom dancer and just returned from a competition in Milwaukee!

The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff member 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.

Posted by: Kate Prince on May 4, 2022
News Type: Election 2022

Voters across Tennessee cast their ballots yesterday during the state’s May primary election. In Davidson County, the Tennessean reports that incumbent District Attorney Glenn Funk held on to the Democratic nomination and will not face a Republican opponent in August. The Tennessean has results from the primary. According to the Chattanoogan, Coty Wamp has unseated incumbent Hamilton County District Attorney Neal Pinkston in the Republican primary. She will face off with Democrat John Allen Brooks in August. The Times Free Press has more election results from Hamilton County. The Knoxville News Sentinel reports Democrat Debbie Helsley won her primary and will run against incumbent Mayor Glenn Jacobs in the fall. Attorney and Shelby County Mayor Lee Harris last night earned the Democratic nod in his primary, reports the Commercial Appeal. Harris will face Republican Worth Morgan in the general election. The Daily Memphian reports former Shelby County Commissioner Steve Mulroy won the Democratic nomination for district attorney last night and will challenge incumbent Amy Weirich on the August ballot. The Tennessee Secretary of State’s website has a complete list of election results for each of the state’s counties. Early voting in the general election will run July 15-30 with election day on Aug. 4.  

Posted by: Kate Prince on May 4, 2022
News Type: Legal News, Politics

Robby Starbuck, a former candidate for Tennessee’s 5th Congressional District, this week filed suit against the state Republican Party, claiming it illegally removed him from its primary ballot, the Tennessean reports. The party’s executive committee voted to remove Starbuck and fellow candidates Morgan Ortagus and Baxter Lee after finding the three did not meet Republican “bona fides.” Starbuck claims that vote was conducted secretly and against the party's own bylaws in a manner "inconsistent with federal and state law." He is asking the court for an injunction that would stop his official removal from the primary ballot.


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