The Tennessee General Assembly last night adjourned for the year with a flurry of last-minute negotiations over proposed changes to the court system, the Tennessean reports. Lawmakers reached a compromise regarding HB1130/SB868, which sought to create a statewide chancery court. In the end, the conference committee crafted a measure that created a three-judge panel of trial court judges – two of whom are to be appointed by the Supreme Court and must hail from the other two grand divisions – to handle constitutional challenges and declaratory/injunctive claims against the state, a department/agency of the state, and/or one of its officers. The measure, which combined a number of elements of previously unsuccessful bills – including the venue for out-of-state plaintiffs to be held in Sumner County – passed the House 67-22-1 and the Senate 27-2 just minutes before adjournment. For more in depth information on this bill and several others, check out the latest episode of the TBA Legislative Update podcast. TBA Executive Director Joycelyn Stevenson hosts today's episode and interviews TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley for a behind-the-scenes look at TBA’s lobbying efforts. Legislative Updates can be found on the TBA’s Facebook page, website and anywhere you listen to podcasts.

Second Gentleman Doug Emhoff and Secretary of Labor Marty Walsh visited the Dr. Benjamin L. Hooks Job Corps Center in Memphis’ Whitehaven neighborhood this morning, the Commercial Appeal reports. The stop is part of a tour to highlight benefits of the Biden-Harris administration’s American Jobs Plan. The $2.3 trillion plan is aimed at improving the nation's infrastructure and advancing the fight against climate change while creating jobs. U.S. Rep. Steve Cohen, D-TN, and Memphis Mayor Jim Strickland joined Emhoff and Walsh for a listening session between one of the participants of the Job Corps program and program leaders. The Jobs Corps program is a decades-old program housed within the U.S. Department of Labor.

Funeral services were held today for Memphis lawyer Arnold Edwin Perl who died Tuesday at 81. Perl earned his law degree from the University of Illinois. He worked at the Memphis law firm Glankler Brown, practicing in labor and management relations, and served as general counsel for the Tennessee Chamber of Commerce and Industry and as secretary and general counsel for the Memphis Chamber of Commerce. Perl played a pivotal role in the completion of what is now known as the FedEx Forum in Memphis, fulfilling his promise that the arena would be completed “on time and on budget.” In addition to serving on the New Memphis Arena Public Building Authority, Perl spent about 30 years as a member of the Memphis-Shelby County Airport Authority, including 16 years as chair. The family requests that memorials be made to Temple Israel, 1376 E Massey Rd., Memphis, TN 38120; Memphis Jewish Federation, 6560 Poplar Ave., Germantown, TN 38138; or MD Anderson Cancer Center, 1515 Holcombe Blvd., Houston, TX 77030. The Daily Memphian has more on Perl’s career and civic work.

Twenty fifth Judicial District Circuit Judge Joe H. Walker III will retire on July 1, the Administrative Office of the Courts reports. Walker was elected in 1990 to the 25th Judicial District bench, which covers Fayette, Hardeman, Lauderdale, McNairy and Tipton counties. He had previously been appointed by then Gov. Lamar Alexander to serve as chancellor for what was then the 9th Chancery Division in 1982 and later served for a number of years as the city judge for Ripley. To commemorate his years of service, a portrait of Judge Walker was recently hung in the Lauderdale County courthouse. The AOC has more on Walker’s career.

Today’s Well-Being Week In Law theme is “Connect: Social Well-Being,” which means building connection, belonging and a reliable support network. To explore this topic, the Institute for Well-Being in Law suggests reading the 2020 New York Times article “Working From Home Poses Hurdles for Employees of Color,” by Nelson D. Schwartz. The institute also recommends watching a podcast/YouTube video on the science of friendship, how deep and meaningful friendships can help you thrive and reach your goals. Finally, follow along with a 15-minute guided Loving-Kindness Meditation. The exercise is meant to strengthen feelings of kindness and connection toward others.

Ron Swafford, who has served as Chattanooga City Court Clerk for eight years, announced yesterday that he is retiring, the Chattanoogan reports. Swafford began a long career of public service in 1978 at the Hamilton County Juvenile Court, where he was elected Juvenile Court Clerk for 12 years. 

The ABA Journal last month profiled Nashville attorney and federal public defender Kelley Henry and her work advocating for those on death row. Henry, based in Nashville, has served as the chief of the Capital Habeas Unit at the Federal Public Defender's office for the Middle District of Tennessee since 2003 and has been co-counsel in more than 30 capital cases during her career. The article details Henry’s representation of Lisa Montgomery, who was executed by the federal government on Jan. 13. Henry had argued that Montgomery was incompetent for execution and Henry even tested positive for COVID-19 while working to defend her client. “I see myself as someone who is defending the Sixth Amendment, the Eighth Amendment, the 14th Amendment, because if you say it’s OK to violate those rights because you just don’t like my guys, then your rights are next,” she said of her job. Henry is a member of the TBA and its Federal Practice and Criminal Justice sections. Read the full article.

Don’t miss TBA CLE’s Advanced Issues in Arbitration Law webcast, airing May 10 from noon until 1 p.m. CDT. This program provides a roadmap for some of the most frequent questions that arise, including discovery issues, subpoenas, interim relief, dispositive motions, evidentiary standards and post-award disputes. Particular emphasis will be placed on the rules of the American Arbitration Association. Continuing Mediation Education (CME) is available through this course. Use the prepaid CLE credits that come with your TBA Complete Membership. Not a TBA member? Join now to start saving! 

HB1072/SB915, legislation from Sen. Brian Kelsey, R-Germantown, and Rep. Michael Curcio, R-Dickson, that would have banned local governments from filing lawsuits to challenge the constitutionality of state laws, was amended and passed by the Senate today on a 17-10 vote. The amended legislation provides that in a suit brought against the state, department, agency or official that challenges the constitutionality of a state statute, the state may appeal as of right from an interlocutory order of a circuit or chancery court that grants, continues or modifies an injunction; or denies a motion to dissolve or modify an injunction. The amended bill will now be considered by the House.

Additionally, today the Senate passed SB868, as amended by the Senate Finance Committee, to create a statewide chancery court, despite the House passing a version of the bill that would create a Court of Special Appeals. As reported last night, the two chambers will have to work out their differences in a conference committee. House members appointed to the conference committee are Rep. Andrew Farmer, R-Sevierville; Rep. Michael Curcio, R-Dickson; Rep. Johnny Garrett, R-Goodlettsville; and Rep. Darren Jernigan, D-Old Hickory. As of press time, the Senate had not yet announced its members of the conference committee. Earlier today, the Senate announced it will adjourn for the year tonight.

The TBA continues to work with lawmakers on these bills. To learn more about TBA’s lobbying efforts related to these bills and other legislation this session, tune in tomorrow to TBA’s Legislative Update on FacebookLive or the TBA Podcast Network. TBA Executive Director Joycelyn Stevenson will sit down with TBA Director of Public Policy and Government Affairs Berkley Schwarz and TBA lobbyist Brad Lampley of Adams and Reese to discuss the final days of the legislative session.

Tennessee Rep. Justin Lafferty, R-Knoxville, is facing criticism for remarks he made on the House floor yesterday during debate on whether educators should be restricted when teaching about racism in America. According to New Channel 5, Lafferty said the 18th century policy designating a slave as three-fifths of a person was adopted for “the purpose of ending slavery.” Black Caucus Chair Rep. Antonio Parkinson, D-Memphis, called the comment "alarming," and insulting when other Republican members clapped for Lafferty. The Three-Fifths Compromise was adopted in 1787 during the nation’s Constitutional Convention. It classified an enslaved person as three-fifths of a person for the purpose of apportioning taxes and states’ representation in Congress.