TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 29, 2021
News Type: Legal News

Gov. Bill Lee today named Lisa Helton as interim commissioner for the Tennessee Department of Correction. Helton will assume the office on Wednesday. Helton currently serves as the assistant commissioner for the Tennessee Department of Correction Community Supervision Division and has more than 25 years of experience across the criminal justice field. She earned her bachelor’s degree from Trevecca Nazarene University and master’s degree from Vanderbilt University. She will serve until a permanent commissioner is named to replace retiring commissioner Tony Park.

Posted by: Stacey Shrader Joslin on Nov 29, 2021
News Type: Legal News

The number of applicants to law school nationwide has declined year-over-year for the first time since 2018, according to data from the Law School Admission Council. As of Nov. 28, some 22,662 people had applied to start law school in the fall of 2022, nearly 5% fewer than this time last year. Reuters has more on the development and what it means for the legal industry.

Posted by: Stacey Shrader Joslin on Nov 29, 2021
News Type: Upcoming

Knox County Juvenile Court invites the legal community to a celebration honoring Magistrate Michael Fortune’s career with the court. The event will take place Dec. 8 from 3 to 4 p.m. EST. Those who are interested also may send a note or card to the court to be presented to Fortune at the ceremony. Send correspondence by Dec. 6 to Debbie Wade, Knox County Juvenile Court, Carey E. Garrett Juvenile Court Building, 3323 Division St., Knoxville, TN 37919.

Posted by: Stacey Shrader Joslin on Nov 29, 2021
News Type: Politics

Earlier this month, the National Republican Congressional Committee added U.S. Rep. Jim Cooper, D-Nashville, to its list of 2022 targets in a sign that national Republicans seem to be growing more optimistic they can win the Nashville-based district, the Nashville Post reports. That effort could be aided if state Republicans split Nashville into multiple congressional districts, potentially putting the city’s reliably Democratic electorate into GOP-friendly districts. Cooper has been warning about a possible split for months, even going to the state legislature to publicly ask lawmakers to leave his district intact. And while he faces the possibility of a redrawn district, Cooper also must weather a primary challenge from Odessa Kelly, his "most spirited" opponent yet according to the paper.

Posted by: Stacey Shrader Joslin on Nov 29, 2021
News Type: Legal News

U.S. Attorney General Merrick Garland has directed federal prosecutors to prioritize cases involving violence on flights amid an increase in assaults on airline workers, WSMV reports. In making the announcement, Garland cited dozens of violent air travel incidents referred to the FBI for investigation by the Federal Aviation Administration. The FAA has received 5,338 reports of unruly passengers, about three-quarters involving the federal transportation mask mandate, and has opened more than 1,000 investigations. It has publicly disclosed more than $1.6 million in fines against passengers accused of violence or misbehavior.

Posted by: Stacey Shrader Joslin on Nov 29, 2021
News Type: Legal News

U.S. District Judge Waverly D. Crenshaw Jr. has ordered the Tennessee Department of Correction to remove a Nashville man from solitary confinement, the Tennessean reports. Alex Friedmann, a criminal justice advocate accused of concealing guns and contraband inside the Davidson County jail, spent nearly two years in an isolated cell without being convicted of a crime. Friedmann sued the corrections department earlier this year alleging his confinement in a cold, dark steel cell was unconstitutional. He also sued for damages, though Crenshaw did not rule on those claims. Friedmann faces a range of state and federal charges, including felony vandalism. A federal trial on an illegal weapons charge is slated for February 2022.

Posted by: Stacey Shrader Joslin on Nov 29, 2021
News Type: BPR Actions

Madison County attorney Sherry Marie Percival was reinstated to the practice of law last week. She was suspended on May 27, 2021, for five years, with six months to be served on active suspension and the remainder on probation. Percival filed a petition for reinstatement on Sept. 23, which the Board of Professional Responsibility found to be satisfactory. The Tennessee Supreme Court adopted the board’s recommendation but conditioned the probation on Percival engaging a practice monitor and meeting with the monitor monthly to assess her trust account practices, case load, timeliness of tasks and adequacy of communication with clients. The court also directed her to engage a certified public accountant to reconcile her trust account on a quarterly basis.

Posted by: Stacey Shrader Joslin on Nov 29, 2021
News Type: Upcoming

The TBA Mentoring Committee will host a free virtual event from 3-4 p.m. CST this Thursday. The program will feature guest speakers J. E. "Buddy" Stockwell III, executive director of the Tennessee Lawyers Assistance Program (TLAP), and Rachel Rosenblatt, employment counsel with Zillow, who will talk about burnout, stress and services provided by TLAP. To RSVP for the event, email Ateia Aldridge.

Posted by: Stacey Shrader Joslin on Nov 29, 2021

U.S. District Judge Matthew Schelp in the Eastern District of Missouri today blocked the Biden administration’s vaccine requirement for healthcare workers, finding the agency issuing the rule likely exceeded its authority. The ruling prevents the U.S. Centers for Medicare and Medicaid Services (CMS) from enforcing its vaccine mandate until the court can hear a legal challenge from 10 Republican state attorneys general. The group sued the administration in early November to block the CMS requirement, alleging it would worsen healthcare staffing shortages. Schelp’s ruling applies in Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota and New Hampshire. Yahoo.com has the story from Reuters.

Posted by: Stacey Shrader Joslin on Nov 29, 2021

Members of the public have submitted at least 17 proposals for redrawing Tennessee's state legislative and congressional districts, but the state legislature says it will not release them for now, the Tennessean reports. State residents are allowed to submit designs as long as they follow certain guidelines and meet deadlines. The House deadline for new submissions was Nov. 12 while the Senate deadline was Nov. 22. House Speaker Cameron Sexton, R-Crossville, said he thinks the public proposals should not be released until the House Redistricting Committee draft map is finished. "When that map is ready, then everything will be released at the same point in a hearing," he said. "That's the way the process has always worked." By contrast, Lt. Gov. McNally believes the maps should be made public and “anticipates they will be made public when they are discussed at a future meeting of The Senate Ad-Hoc Committee on Redistricting," according to a spokesperson.


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