TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 25, 2021
News Type: Congressional News

Bryan Wayne Ivey of Crossville pleaded guilty this week to a minor protesting charge related to the Jan. 6 riot at the U.S. Capitol, the Tennessean reports. He admitted to knowingly entering restricted areas of the Capitol and agreed to pay $500 in restitution. Additional fines or prison time may be imposed at a Sept. 28 sentencing hearing. The charge carries up to six months in prison, a fine of up to $5,000 and/or probation for up to one year. Ivey was arrested on March 4 on four charges. The other charges were dropped as part of a plea agreement. At least 15 people with Tennessee ties have been charged in connection to the riot. In related news, U.S. House Speaker Nancy Pelosi announced this week that she will launch a select committee to probe the events of that day. Last month, the U.S. Senate fell a few votes short to move forward on legislation to establish an independent commission to investigate the attack. The Hill reports on that story.

Posted by: Stacey Shrader Joslin on Jun 25, 2021

The Legal Aid Society of Middle Tennessee & the Cumberlands will hold a virtual phone clinic and in-person legal advice clinic next week for those with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. The phone clinic will take place Monday from 4:30 to 6 p.m. CDT. The in-person clinic will take place Wednesday from 11 a.m. to 1 p.m. CDT at Operation Stand Down Nashville, 1125 12th Ave. S. To help answer questions, contact Andrae Crismon or Kendra Cheek or call 615-780-7131.

Posted by: Stacey Shrader Joslin on Jun 25, 2021
News Type: BPR Actions

The Tennessee Supreme Court suspended 10 attorneys Wednesday for failure to pay the annual registration fee. Six of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the June 23 fee suspension order and IOLTA suspension order. See the list of all lawyers suspended for fee and IOLTA violations in 2021 or access all administrative suspensions dating back to 2005.

Posted by: Kate Prince on Jun 25, 2021
News Type: Legal News

This month’s episode of BarBuzz was recorded live from The Peabody in Memphis during the TBA’s Annual Convention last week. TBA Board of Governors member Trey Thacher of Burch, Porter & Johnson in Memphis co-hosts the episode, which covers important legal news from the last month and gives a rundown of events and award recipients from the convention. BarBuzz is part of the TBA Podcast Network and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Kate Prince on Jun 24, 2021
News Type: Legal News

The Appellate Division of the New York Supreme Court today announced that it is suspending Rudy Giuliani’s law license, The Hill reports. The court concluded in its 33-page decision that Giuliani made “demonstrably false and misleading statements” to courts, lawmakers and the public while representing former President Donald Trump and his campaign in an effort to overturn the 2020 election results. His license will remain suspended while disciplinary action continues to be considered which, the court added, will “likely result in substantial permanent sanctions.”  

Posted by: Kate Prince on Jun 24, 2021

Elizabeth TaylorMurfreesboro assistant city attorney Elizabeth Taylor was chosen as the recipient of this year’s Larry Dean Wilks Leadership Award by fellow members of the TBA Leadership Law (TBALL) class. All 33 members of the leadership training program met for one final session last week during the TBA’s Annual Convention in Memphis. Taylor was presented with the award during the group’s graduation ceremony on Friday. The award is named for former TBA president Larry D. Wilks and recognizes a TBALL class member who exhibits exceptional leadership qualities.

Posted by: Kate Prince on Jun 24, 2021
News Type: Legal News

The new Tennessee State Library and Archives (TSLA) building has made available more than 10,000 boxes of full state Supreme Court case files, some that date back to the early 19th century. The high court’s opinions in those cases have long been available to the public, but the associated case files have not. According to the Administrative Office of the Courts, TSLA staff worked for roughly 15 years to painstakingly clean and index the records—a massive undertaking led by Court of Appeals Judge Andy Bennett. “If you really want to go behind the opinion, these documents are great,” Bennett said. The TSLA also houses a legislative history collection containing old volumes of state codes and recordings of legislative hearings. The new building opened in April and is located at 1001 Rep. John Lewis Way N. in Nashville.  

Posted by: Kate Prince on Jun 24, 2021
News Type: Legal News

The Tennessee Judicial Conference Foundation (TJCF) is working to fund a scholarship in honor of retired Court of Criminal Appeals Judge Jerry L. Smith who died in February. Smith, who was appointed to the court in 1995, was elected to full terms in 1998 and 2006. Prior to joining the bench, he worked for the Tennessee Attorney General's Office as an assistant attorney general and deputy attorney general. Smith was an instructor at Nashville School of Law and an adjunct faculty member at Belmont University College of Law. Donations to the scholarship fund can be made to the TJCF, and sent to 629 Woodland Street, Nashville, TN 37206-4211.

Posted by: Barry Kolar on Jun 24, 2021
News Type: TBA Convention 2021

If you weren't able to make it to the TBA Convention in Memphis last week or missed the live stream, the video from Friday's Lawyers Luncheon is now available online. A number of Tennessee lawyers were recognized for their service to the profession and communities at the event, and Brentwood lawyer Sherie Edwards took the oath of office to become the new president for the association. Among those honored were AC Wharton and Ruby Wharton, with the William M. Leech Jr. Public Service Award; Todd Pinckley, with the Justice Joseph W. Henry Award for Outstanding Legal Writing; Willie Santana, with the Claudia Jack Award (note that audio in the presentation from Buck Lewis is now available at the 21:30 mark); Al Harvey, with the Judge Pamela L. Reeves Tennessee Professionalism Award; and Judge Pamela L. Reeves, with the Justice Frank F. Drowota III Outstanding Judicial Service Award presented posthumously.

Posted by: Kate Prince on Jun 24, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday ruled that when police officers pursue someone suspected of a misdemeanor, that pursuit does not automatically allow for warrantless entry into a home the suspect has entered, the Associated Press reports. “On many occasions, the officer will have good reason to enter — to prevent imminent harms of violence, destruction of evidence, or escape from the home,” Justice Elena Kagan wrote in the majority opinion. “But when the officer has time to get a warrant, he must do so — even though the misdemeanant fled.” Chief Justice John Roberts and Justice Samuel Alito suggested the majority’s opinion gave “no guidance at all” to officers in the field and left too much for them to consider in the midst of a chase.


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