Gov. Bill Lee is one of four governors nationwide who have endorsed a proposed amendment to the U.S. Constitution to limit the number of U.S. Supreme Court justices to the current count of nine, Tennessee Star reports. Other governors who have endorsed the “Keep Nine Amendment” include Doug Ducey of Arizona, Mike DeWine of Ohio and Pete Ricketts of Nebraska. The proposed amendment has been introduced in the U.S. House of Representatives as H.J. Resolution 11 and in the Senate as S.J. Resolution 9. Another Tennessean has connections to the effort as well. Former Tennessee Attorney General Paul Summers is one of the organizers of the “Keep Nine Amendment” campaign.

The Tennessee Department of Environment and Conservation is now hiring for a senior environmental counsel position. The position requires a minimum of five years of experience in the full-time practice of law. Experience applying the Clean Water Act, Clean Air Act, SMCRA, CERCLA and/or RCRA is preferred. The position is located in Nashville, but TDEC attorneys are currently working remotely and it is expected there will be some flexibility going forward. Read the full job description and instructions on how to apply.

The state of Tennessee will scrap a $123 million contract to provide mental health care in prisons after evidence surfaced that a top state official privately shared internal documents with the winning bidder, the Tennessean reports. Former Tennessee Department of Correction chief financial officer Wes Landers shared confidential information about the procurement process with health care giant Centurion. Landers now works at the company. The department announced it will start anew with a request for proposals. Until a new contract is awarded, Centurion will continue providing mental health services to state prisoners.

Lawyers for death row inmate Pervis Payne are asking the Shelby County Criminal Court to declare that he cannot be executed because he is intellectually disabled, Tennessee Tribune reports. The petition takes advantage of a new state law that provides an opportunity for death row inmates to claim their execution would violate the Tennessee and U.S. Constitutions because of an intellectual disability.

Nashville District Attorney Glenn Funk is calling on the courts to vacate and dismiss the 2003 conviction of Paul Garrett, the Tennessean reports. "The office knows of clear and convincing evidence establishing Mr. Garrett was convicted of a crime he did not commit," Funk wrote in a court filing Tuesday. The document details numerous deficiencies with the case, including "fabricated" testimony from the lead detective and DNA testing that identified another man with a violent past. Officials within the police department and the district attorney's office have been raising concerns about the case for 10 years. Garrett pleaded guilty to a charge of voluntary manslaughter. Funk now says the plea was likely the result of manipulation. Garrett previously was released from prison. The Nashville Scene first reported the news.

The Tennessee Court of Criminal Appeals has denied a request from the estate of Sedley Alley to test DNA from his case in an attempt to exonerate him posthumously, the Daily Memphian reports. Alley was executed in 2006 for the murder of 19-year-old Lance Cpl. Suzanne Collins outside the Millington Naval base in 1985. Alley’s daughter petitioned the court through the nonprofit Innocence Project to test DNA from the case. In November 2019, Shelby County Criminal Court Judge Paula Skahan ruled that the estate did not have standing in the case. Attorneys appealed arguing that the DNA Act authorizes the estate of a deceased defendant to petition for DNA testing. A three judge panel of the appellate court agreed with Skahan, finding that an estate is not a person within the definitions of the act. The Innocence Project said it plans to appeal to the Tennessee Supreme Court.

The 2021 TBA Annual Convention, presented this year as both an in-person and virtual event, offers eight hours of CLE credit. One of the key offerings will be the annual Bench/Bar Program, which will include three distinct presentations this year. The first session will focus on neurodiversity in the courtroom. The second session will focus on vicarious trauma and secondary PTSD. Buddy Stockwell, executive director of the Tennessee Lawyers Assistance Program (TLAP), will provide an overview of “compassion fatigue” and talk about how he dealt with distressing situations as a family law practitioner. Then TLAP Clinical Director Holly Wade will discuss even more debilitating levels of distress such as PTSD and what therapy and recovery look like for those cases. The program is designed to equip participants to recognize symptoms in themselves and others for early intervention and best outcomes. See all CLE programs being offered during the convention and register here.

The TBA’s Tax Law Section continues its Tax Law CLE Series 2021 with a session on State Tax Remedies: The Informal Conference Process on May 26 from noon to 1 p.m. CDT.  The program will cover the informal conference process, an alternative to court for taxpayers who want to challenge a proposed assessment issued by the Tennessee Department of Revenue. The department holds about 350 informal conferences a year! Renew your TBA membership and get three prepaid CLE credits to use on this program.

Clarksville lawyer and former TBA President F. Evans Harvill died Monday at 95. A graduate of Vanderbilt University Law School, Harvill first practiced law at a Clarksville firm that would later became Daniel, Harvill, Batson & Nolan and then Batson Nolan PLC. Another TBA president, Dan Nolan, still practices at the firm. Harvill served as TBA president from 1979-1980. He also spent decades promoting Austin Peay State University as one of its most trusted ambassadors and advisors, the Leaf Chronicle reports. He helped launch the Mabry Concert Hall project, raised more than $500,000 for fine arts, and established several endowed scholarships in the arts. His connection to the school began when his father joined the faculty to teach history. He later went on to serve as president of the school. Visitation will be held Sunday from 1 to 5 p.m. and Monday from noon to 1 p.m. at Madison Street United Methodist Church of Clarksville. A Celebration of Life Service will follow visitation on Monday at the church. Burial will follow at Greenwood Cemetery.

The Chattanooga and Nashville chapters of the Federalist Society will host a free webinar May 19 from 1:30 to 3 p.m. EST on “The Free Exercise Clause in 2021.” The program will explore two key court cases on the topic: Employment Division v. Smith and Fulton v. City of Philadelphia. Speakers include Lori Windham, with The Becket Fund for Religious Liberty; Notre Dame Law School Professor Richard W. Garnett; and University of Tennessee at Chattanooga Professor Kody Cooper. Judge Katherine A. Crytzer of the U.S. District Court for the Eastern District of Tennessee will moderate the program.