The Tennessee Supreme Court today issued a special order clarifying that Rule 8, RPC 1.8(e) does not exclude the Tennessee Alliance for Legal Services (TALS) and its four partners from giving financial aid to clients. The rule maintains that lawyers cannot provide financial assistance to clients in connection with pending or completed litigation. TALS, Legal Aid of East Tennessee, Legal Aid of Middle Tennessee and the Cumberlands, Memphis Area Legal Aid Services and West Tennessee Legal Services last week wrote to the high court, asking it to consider an exception that would allow the organizations to administer aid through a grant funded by the Temporary Assistance for Needy Families (TANF) funds. The grant money will be used to expand TALS’ 2Gen legal assistance program that focuses on helping families avoid homelessness by paying their rent, housing debts, resettlement costs and more. The Supreme Court granted the request today, writing that TALS and its partners will not be in violation of the rule when using donations to provide humanitarian aid to those in need. TALS anticipates having up to $13.8 million dollars available to assist up to 1,160 families.

The state House of Representatives last night passed legislation that changes police use-of-force policies, the Nashville Post reports. The bill, SB1380/HB1406, bans chokeholds unless an officer believes deadly force is authorized, requires officers to intervene if witnessing excessive force by other officers, requires de-escalation policies be developed and prohibits the issuance of no-knock warrants. The Senate unanimously approved the bill last week.

Firearms Policy Coalition (FPC), a California-based gun-rights organization, has filed a federal lawsuit challenging the age restrictions in Tennessee’s permitless carry law, the Times Free Press reports. The new gun law goes into effect on July 1 and will allow most adults aged 21 and older to carry handguns in public without state-issued permits. The civil rights complaint was filed in the U.S. District Court for the Eastern District of Tennessee on behalf of three Knox County men who are between the ages of 18 and 20 and excluded from permitless carry under the new statute. The lawsuit claims there are federal constitutional problems with regard to the age requirements in the new law. According to the FPC’s website, the group has filed similar suits in California and Pennsylvania.  

The Memphis Bar Foundation, the philanthropic arm of the Memphis Bar Association, annually nominates attorneys and judges to become fellows based on their service to the legal profession. See the 23 new fellows of the 2021 class. The foundation also presented its Irvin Bogatin Scholarship and Irvin Bogatin Social Justice Award to two students at the University of Memphis Cecil C. Humphreys School of Law. First-year student Lexi Hivner received the scholarship, while third-year student Sierra Knight received the award. Bogatin was a charter fellow and first president of the Memphis Bar Foundation. He also helped to found Memphis Area Legal Services and served as president of the Memphis Bar Association.

The Bureau of Workers’ Compensation is now accepting nominations for the Sue Ann Head Award for Excellence in Workers’ Compensation. Nominees must have a minimum of five years of involvement with the state’s workers’ compensation system in one of the following categories: employer or employer’s representative, employee representative, service provider, claims professional, medical provider or legal profession. The award will be given to the nominee who has made a positive impact on the workers’ compensation system through a single act or sustained record of positive contributions. Nominations are due by June 15. Read more about the award and how to make a nomination on the Bureau’s website.

After detailed analysis of the current real estate market and the short and long-term needs of the Tennessee Bar Association, the TBA Board of Governors and trustees of the Tennessee Legal Community Foundation (TLCF) have decided to market the Tennessee Bar Center in downtown Nashville and look for short term office space while determining long term needs. The TLCF, which owns the Bar Center, created a committee in 2019 to study the space, occupied since 2000 by the TBA and other tenants. Former TBA President Lucian Pera chaired the committee, which worked with Colliers and TBA staff to determine if the TLCF should invest in renovating the office space at 221 4th Avenue North or put the building on the market. Any questions about the building should be directed to TBA Executive Director Joycelyn Stevenson or Mike Driscoll at Colliers.

The story in yesterday’s issue of TBA Today about bar exam passage rates had incorrect data and ranking of schools for first-time test takers. The correct ranking should be as follows: Vanderbilt University Law School graduates recorded the highest passage rate – 100% percent for first timers – followed by University of Memphis School of Law at 94.1%, Belmont University College of Law at 75%, University of Tennessee College of Law at 66.7%, Lincoln Memorial University Duncan School of Law at 50% and the Nashville School of Law at 10%. Access all exam data from the Board of Law Examiners here.

Well-Being Week in Law continues today with a focus on aligning work and personal life with values, goals and interests. Keeping with today’s theme, “Align: Spiritual Well-Being,” the Institute for Well-Being in Law suggests reading the WeWork.com article, “Ways to Incorporate Your Spirituality at Work,” and watching a video featuring law professionals on how they integrate their personal approach to spirituality into their work lives. Today’s activity is an “Awe Walk,” a 15-minute uninterrupted walk without a phone. While walking, look for new and inspiring details on your path, explore and be open to inspiration and take time to reflect on emotions after the stroll has ended. Read more on Well-Being Week in Law.

Understanding and Confronting Unconscious Bias 2.0 is designed to help lawyers avoid bias in the decision-making process and better respond to allegations of bias from clients or third parties. The one-hour program will utilize exercises that help reveal biases, help participants better understand microaggressions and provide tools for improving cross-cultural communication at the organizational and personal levels. Nashville lawyer Luther Wright with Ogletree Deakins will present the program on May 11 from noon until 1 p.m. CDT. Missed the first installment of this program? Catch up here.

The House Finance Committee today considered and passed an amendment to HB1130/SB868, legislation that previously would have created a new statewide chancery court. The latest amendment, which replaces all previous versions of the bill, would create a new Court of Special Appeals composed of three judges, one from each grand division of the state. The governor would appoint the judges, and then the voters would elect each judge through a statewide retention election. Initial terms would begin on Oct. 1 of this year.
 
The Court of Special Appeals would have jurisdiction over appeals of cases challenging the constitutionality of a statute, Executive Order or administrative rule brought against the state, a state department, a state agency or any state official acting in an official capacity. The amendment defines “challenging the constitutionality” as a civil cause of action “alleging a statute, rule or Executive Order is unconstitutional at all times and under all circumstances or has been applied in an unconstitutional manner.” Additionally, the state attorney general could ask the Court of Special Appeals to review a judgement on the issue of constitutionality in a proceeding in which the attorney general has intervened on behalf of the state. Both the Court of Special Appeals and the trial court would have to grant permission for the interlocutory appeal. The original court of jurisdiction would maintain jurisdiction over the remainder of the case and would stay its proceedings until the Court of Special Appeals or Supreme Court ruled on the issue certified. Review by the Court of Special Appeals is de novo.
 
Finally, the amendment provides that the jurisdiction of the Court of Special Appeals would be appellate only, except that it would have original jurisdiction over any case challenging a statute that apportions or redistricts state legislative or congressional districts.  
 
The Court of Special Appeals would sit in the supreme court buildings in Knoxville, Nashville and Jackson and act as a three judge panel with the majority prevailing.
 
HB1130 as amended is scheduled to be on the House floor tomorrow. The Senate Finance Committee is also scheduled to consider the legislation tomorrow, but it is unknown whether Senate leaders have agreed to the House amendment. The legislature is expected to adjourn for the year this week.