TBA Law Blog


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Posted by: Suzanne Craig Robertson on Aug 30, 2021
News Type: Election 2022

Blount County Assistant District Attorney General Ryan Desmond, who has served since 2010, recently announced his intent to run for district attorney general in 2022, The Daily Times reports. Since 1977, only two district attorneys general have been voted into office for Blount County’s judicial district; Mike Flynn, the second elected, has served since 1990. Flynn has not officially announced retirement, but he has indicated he is in support of Desmond’s run, according to the paper.

Posted by: Suzanne Craig Robertson on Aug 30, 2021
News Type: Legal News

Attorney General Herbert H. Slatery III, leading a 20-state coalition, filed a lawsuit in the Eastern District of Tennessee today, seeking to stop the Biden Administration from enforcing more broadly interpreted federal antidiscrimination laws. "The complaint challenges federal guidance issued by the Equal Employment Opportunity Commission and the Department of Education concerning issues of enormous importance," a release from Slatery's office says. "The guidance purports to resolve highly controversial and localized issues such as whether schools must allow biological males to compete on girls’ sports teams, whether employers and schools may maintain sex-separated showers and locker rooms, and whether individuals may be compelled to use another person’s preferred pronouns."

Posted by: Barry Kolar on Aug 30, 2021

The Tennessee Supreme Court recently amended Supreme Court Rule 9, Sections 31.3(f) and 34.3(a) dealing with lawyer disciplinary proceedings. The changes, which went into effect with the filing of the order on Aug. 24, more explicitly describe parts of the process, but do not change current practices.

Posted by: Suzanne Craig Robertson on Aug 30, 2021
News Type: Passages

Memphis lawyer Jerry Edward Mitchell, who would have turned 79 today, died Aug. 26. He earned his law degree from Georgetown University, worked in the office of Sen. Albert Gore Sr., served the JAG Corps as a lieutenant in Vietnam, received an honorable discharge and returned to Memphis in 1971 to practice law. He then joined with John Thomason, Frank Crawford, Roy Hendrix, Al Harvey and Kim Johnson to begin the law firm known today as Lewis Thomason.  Following private burial, a memorial service will be at 2 p.m. Sept. 3 at Hope Church, 8500 Walnut Grove Road, Cordova, TN. The service will also be livestreamed. For details about this or a forthcoming secular celebration, email the family at jerryemitchellfamily@gmail.com. In lieu of flowers, the family has asked that donations be made to Autism Speaks, The Arc Mid-South, the University of Memphis or Germantown Performing Arts Center.

Posted by: Kate Prince on Aug 30, 2021

Davidson County Circuit Court Judge Hamilton Gayden confirmed last week that he will not seek reelection in 2022. Gayden was appointed in 1974 by then-Gov. Winfield Dunn and has served 47 years on the bench — the longest judicial tenure in the state. "It's been an honor and a privilege to serve the citizens of Davidson County,” Gayden said in a statement. “I will miss being on the bench but at 82 years old, it is time to hand the gavel over to a younger judge." 

Posted by: Stacey Shrader Joslin on Aug 30, 2021

The Tennessee Supreme Court has issued an order seeking comments on proposed amendments to the Tennessee Rules of Appellate Procedure and Rules of Civil Procedure. The amendments were recommended by the Advisory Commission on the Rules of Practice & Procedure at its June 11 meeting. Comments should be submitted by Nov. 23 to the attention of Appellate Clerk James Hivner, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219.

Posted by: Kate Prince on Aug 27, 2021
News Type: Legal News

The U.S. District Court for the Eastern District of Tennessee today honored the late Chief Judge Pamela L. Reeves with a memorial garden and portrait unveiling. Judge Travis McDonough gave remarks, followed by the unveiling by Reeves’ family, Charles, Reedy and Amanda Swanson, of the portrait by Sergei Chernikov. The Rev. Dr. Jan B. Wade and Rev. Dr. Harold Middlebrook gave the invocation and benediction and Noelle Harb Brundidge sang “Amazing Grace.” Judge Susan K. Lee introduced the memorial garden, which was planted in the courtyard of the U.S. Federal Courthouse. Remarks were also made by Judge Thomas Varlan, former Gov. Bill Haslam and Judge Clifford Shirley. Reeves’ husband, Charles Swanson, gave a response. A reception followed in the courthouse atrium. Guests included former TBA Presidents Marcy Eason, Jackie Dixon and Jonathan Steen and TBA President Sherie Edwards, President Elect Tasha Blakney, Executive Director Joycelyn Stevenson and Assistant Executive Director Barry Kolar. View pictures from the event on the TBA's website

Posted by: Kate Prince on Aug 27, 2021

The Tennessee Supreme Court recently announced it has appointed 26th Judicial District Circuit Court Judge Roy B. Morgan Jr. as senior judge, effective Sept. 1. Morgan will retire from his current position on Aug. 31 and assume his new role for a term of four years. He was first elected to the circuit court bench in 1998, winning reelection campaigns in 2006 and 2014. Prior to this position, Morgan served as a general sessions court judge in Madison County for eight years. “At the end of this term, I will have served 32 years as a member of the judiciary,” Morgan said. “What an honor it has been to serve for so many years. The Senior Judge appointment by the Supreme Court gives me an opportunity to slow down a little while still being able to continue to serve the justice system and the citizens of our state.”

Posted by: Kate Prince on Aug 27, 2021

The TBA Estate Planning Section will host an interactive webinar regarding Tennessee Public Chapter No. 420, which introduced numerous changes to laws regarding trusts. Signed into effect by Gov. Bill Lee in May, the legislation makes pointed revisions to oversight, administration and judicial considerations, among other concerns for trustees. Join seasoned experts Michael Goode of Lewis Thomason and Rob Malin of First Horizon Bank, who will lead the discussion and provide the information you need to stay on top of these changes. This free event is open to everyone and will take place virtually via Zoom on Sept. 14 from noon until 1 p.m. CDT. Connection info will be sent the week of the program. One hour of CLE credit is available upon request for a fee of $45 for TBA members. Register here.

Posted by: Kate Prince on Aug 27, 2021

Shelby County filed suit yesterday against Gov. Bill Lee for his executive order allowing parents to opt their children out of mask mandates at K-12 schools, the Daily Memphian reports. The federal suit, filed in U.S. Division for Western District of Tennessee, says Executive Order 84 should be revoked under U.S. Constitution protections under the 14th Amendment. It argues that children who are not eligible for the vaccine have no protection against exposure to students infected with COVID-19, “potentially causing them to suffer fear, uncertainty and possibly even death.” The suit also says the executive order “violates the decencies of civilized conduct” in an action that “shocks the conscience.” Shelby County is represented by attorneys from Burch, Porter and Johnson in Memphis.

On Monday, the 6th U.S. Circuit Court of Appeals upheld a federal judge’s refusal to block a mask mandate in a challenge brought by a Catholic elementary school in Lansing, Michigan.


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