TBA Law Blog


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Posted by: Kate Prince on Mar 22, 2022
News Type: Legal News

Hamilton County District Attorney Neal Pinkston, the Tennessee District Attorneys General Conference (TNDAGC) and Tennessee Voices for Victims will soon launch a statewide virtual support group for those affected by homicide, the Chattanoogan reports. The groups, which will be led by trained counselors, aim to provide connectivity and understanding and give attendees the tools they need to create a “new normal” in their lives. There is no cost to participate. “We hope these support groups can be beneficial for members of our district and go the extra step to build an even stronger sense of community,” Pinkston said of the support groups. The public can sign up for a group on the TNDAGC’s website

Posted by: Kate Prince on Mar 22, 2022
News Type: TBA CLE

The TBA is hitting the road and coming to a city near you during its 2022 Court Square series. The series of three-hour programs is designed to provide attorneys with the latest developments in multiple areas of the law and to focus on the legal communities, needs and interests of each city. Each session will begin with lunch, a networking opportunity with TBA leadership and a wellness discussion with the TBA Attorney Well Being Committee. An ethics update also will be included. The series will kick off in Columbia on April 21, followed by programs in Murfreesboro on May 17, Cookeville on May 19 and Chattanooga on June 3.

Posted by: Kate Prince on Mar 22, 2022
News Type: BPR Actions

The Board of Professional Responsibility yesterday issued a public censure to Anderson County lawyer Brian Jamie Hunt. After taking military inactive status in 2012, Hunt failed to apply for reinstatement and failed to pay attorney registration fees when he returned to private practice. He practiced law while his license status was military inactive in violation of Rule of Professional Conduct 5.5 dealing with unauthorized practice.

Posted by: Stacey Shrader Joslin on Mar 21, 2022

The cost of the “truth-in-sentencing” bill working its way through the Tennessee General Assembly depends on who you ask, according to the Commercial Appeal. In fact, the Tennessee General Assembly staff estimate the cost to be $40 million annually while the Tennessee Department of Corrections estimates it will cost the state $77 million annually 10 years after enacted. Last week, the Senate Judiciary Committee passed the bill, which would require certain felons to serve 100% of their sentence. David Raybin with the Tennessee Association of Criminal Defense Lawyers spoke against the bill saying it would effectively double or triple some sentences. The bill is backed by Senate leadership and has strong support among Republicans but Gov. Bill Lee has not endorsed it. His criminal justice reforms passed last year were designed to reduce sentences.

Posted by: Stacey Shrader Joslin on Mar 21, 2022

Two new bills pending before the Tennessee General Assembly aim to protect domestic violence victims while their attacker is awaiting a court date, the Tennessean reports. One would require defendants accused of committing lethal acts of domestic violence to wear a GPS monitoring device as a condition of bail. The other would raise the bail amount in these cases, making it more costly to secure pretrial release. The bills are supported by Alex Youn, who has become a victim advocate after his sister, Marie Varsos, and mother, Debbie Sisco, were killed last April by Varsos’ husband, who was on bail from previously attacking Varsos. Youn testified before the House Criminal Justice Subcommittee and Senate Judiciary Committee last week. Both bills passed the House subcommittee and now are headed to the full Criminal Justice Committee. The Senate Judiciary Committee is expected to consider the bills this week.

Posted by: Stacey Shrader Joslin on Mar 21, 2022

Tennessee lawmakers are considering legislation that would consider some types of violent crime — such as shooting into crowds of people — as community terrorism. A bill by Rep. G.A. Hardaway, D-Memphis, passed out of the House Criminal Justice Subcommittee last week and is set to be considered by the full committee on Wednesday, Action 5 News reports. “Terrorism, as defined on the national and international stages, is about using intimidation to instill fear in a population,” Hardaway says. He argues that indiscriminate shooting “is nothing more than an effort by criminal gangs who are terrorizing the community.” State Sen. Sara Kyle, D-Memphis, is sponsoring the Senate version of the bill.

Posted by: Stacey Shrader Joslin on Mar 21, 2022
News Type: Election 2022

Shelley T. Gardner has announced her candidacy for reelection as 15th Judicial District public defender, Wilson Post reports. A Wilson County native, Gardner earned her law degree from the Nashville School of Law in 2001. She joined the office in 2002, and in 2018, Gov. Bill Haslam named her public defender. Gardner’s campaign says she has handled more than 15,000 criminal cases in all five counties in the district and served as a member of the district’s Judicial Drug Court team since 2002. In other roles, Gardner serves as vice president and president-elect for the Tennessee District Public Defender’s Conference, and as a board member for Court Appointed Special Advocates (CASA).

Posted by: Stacey Shrader Joslin on Mar 21, 2022

Judge Ketanji Brown Jackson, President Joe Biden’s nominee to replace Justice Stephen Breyer on the U.S. Supreme Court, appeared before the Senate Judiciary Committee today to introduce herself and make an opening statement. She told senators that she sees Breyer as a judicial model and would “hope to carry on his spirit,” The Hill reports. Jackson once clerked for Breyer and if confirmed, would replace him when he retires this summer. Members of the committee also made opening statements but asked no questions. Questioning will begin tomorrow at 9 a.m. EDT. Watch the proceedings on the committee’s website. Photo: Associated Press

Posted by: Stacey Shrader Joslin on Mar 21, 2022
News Type: Upcoming

YWCAs across the country are participating in the Stand Against Racism Challenge, a virtual learning tool designed to create dedicated time and space to build more effective social justice habits, particularly those dealing with issues of race, power, privilege and leadership. The challenge will launch on April 4 and involve 21 days of activities such as reading an article, listening to a podcast or reflecting on a personal experience. The challenge is designed to help participants discover how racial and social injustice impact communities and identify ways to dismantle them. Join the challenge with the YWCA Knoxville and the Tennessee Valley or YWCA Nashville & Middle Tennessee.

Posted by: Stacey Shrader Joslin on Mar 21, 2022
News Type: Legal News

The Department of Homeland Security is discontinuing a policy expanded under former President Donald Trump that allowed for expedited removal of individuals who were undocumented, had committed fraud or misrepresentation, or had been in the country for less than two years. In a statement to Newsweek, the agency said it conducted a thorough review and found that ending the program "was consistent with the Department's need to prioritize its limited enforcement resources.” The department estimates that some 25,000 migrants waiting in shelters south of the U.S.-Mexico border could be affected by the change.


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