TBA Law Blog


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Posted by: Jarod Word on Apr 13, 2021

The Tennessee Senate Judiciary Committee is set to consider a bill seeking harsher sentences for minors convicted of sex crimes, the Commercial Appeal reports. Under HB0323/SB0220, TCA Title 37, Chapter 1, Part 1 and Title 39, Chapter 13, would be amended to allow judicial discretion on placing juveniles convicted of rape and aggravated rape into the custody of the Department of Children's Services for a period of one year. Sponsored by Rep. Jason Hodges, D-Clarksville, and Sen. Bill Powers, R-Clarksville, the proposed amendment comes in response to a case where the parents of a minor in these lawmakers’ district were forced to endure laughter and lack of remorse from the 13-year-old offenders in a court hearing regarding the recorded rape of their daughter. Rep. Hodges commended the girl’s courage, saying: "being able to come out and talk about (the rape), knowing that it's not going to change her circumstances, but being willing to do it to change somebody else’s ... that just makes her a hero in this story.” The House passed its version of the bill last week by a vote of 91-0.

Posted by: Jarod Word on Apr 13, 2021
News Type: Legal News

Attorneys with the Southern Poverty Law Center and the Civil Rights Corps have threatened to sue Knox County over its pretrial bail practices, the Knoxville News Sentinel reports. In a letter sent to county officials, the organizations say they will file a lawsuit if the municipality's judges continue using pretrial monetary bonds to secure release of accused criminals, arguing it is a violation of their constitutional rights and tantamount to jailing those who are "unable to purchase their freedom.” The nonprofits recently won a similar suit in Hamblen County where a judge was ordered to cease the practice. Knox County’s five General Sessions judges have issued a statement regarding the lawsuit, saying “All of the Knox County sessions judges are committed to protecting the constitutional and statutory rights of every person who is accused at every stage of the criminal justice process, as well as victims and witnesses … We have and will continue to examine and re-examine our processes to ensure that we handle bonding matters (and every matter) in a way that is fair and just under the law.”

Posted by: Kate Prince on Apr 13, 2021
News Type: Legal News

Gov. Bill Lee this week presented his annual budget amendment to legislators, the Tennessean reports. The amendment includes a $42.6 billion spending plan featuring several additional programs and initiatives. $16 million of that plan is allotted to reduce the professional privilege tax by 25%, which would result in attorneys paying $300 per year, instead of the current $400. The TBA will continue to lobby the legislature to eliminate the tax entirely. Additionally, the spending plan would be used to offset two weeks of tax-free meals at restaurants and tax-free groceries in Tennessee. TNJ: On the Hill has a full breakdown of the governor’s plan.

Posted by: Kate Prince on Apr 13, 2021
News Type: Passages

Memphis attorney Warner Hodges died April 10 at his home in Germantown. He was 99. Hodges attended Vanderbilt University Law School on the GI bill, earning his law degree in 1949. After several years of private practice, he was appointed as an assistant U.S. District Attorney for the Western District of Tennessee and was later appointed as the U.S. District Attorney by President Eisenhower. He returned to private practice in 1961, becoming a prominent defense attorney in Memphis. Visitation will be held tomorrow at 1 p.m. CDT at the Memphis Funeral Home, 5599 Poplar Ave., followed by a service at 2 p.m.

Posted by: Kate Prince on Apr 13, 2021
News Type: Legal News

Former TBA president and Adams and Reese attorney Lucian Pera has been appointed to serve on the Leadership Council of the Legal Services Corporation (LSC). The council is comprised of legal, corporate and academic professionals from across the country who work to raise national public awareness of the justice gap and the need for increased civil legal aid. Pera is a partner at the Memphis office of Adams and Reese where he practices in civil trial work, including commercial litigation and media law, and counsels lawyers, law firms, and others on questions of legal ethics and the professional responsibility of lawyers. He served as president of the TBA during the 2017-2018 bar year. LSC is a nonprofit corporation that promotes equal access to justice and provides grants for high-quality civil legal assistance to low-income Americans.

Posted by: Kate Prince on Apr 13, 2021
News Type: Legal News

Memphis attorney Quinton Thompson of Morgan & Morgan co-hosts this month's episode of the TBA BarBuzz podcast. Tune in to get the scoop on bar association and legal news for the month, upcoming events, special shoutouts to attorneys in the Tennessee legal community and more. BarBuzz is part of the Tennessee Bar Association Podcast Network and can be found on the TBA’s website or anywhere you listen to podcasts.

Posted by: Kate Prince on Apr 13, 2021
News Type: BPR Actions

Shelby County attorney Robert Harris Golder was today publicly censured by the Board of Professional Responsibility of the Tennessee Supreme Court. Golder represented two clients in petitions for post-conviction relief and a third client in a petition for habeas relief. In all three matters, Golder delayed in taking proper action on behalf of his clients, failed to respond to inquiries from his clients and failed to keep his clients updated on the status of their cases. In the habeas proceeding, Golder also missed applicable court deadlines and failed to deposit unearned fees into his trust account. A public censure is a rebuke and warning to the attorney, but it does not affect the attorney’s ability to practice law.

Posted by: Kate Prince on Apr 13, 2021
News Type: Legal News

Six applicants are vying for the 14th Judicial District Circuit Court vacancy, which covers Coffee County. Applicants include: Robert T. Carter; Jason Huskey; Margaret C. Lamb Kilgore; William Lockhart; Edward H. North; and Felicia B. Walkup. The Trial Court Vacancy Commission will hold a public hearing to consider these applicants on May 14 at 9 a.m. CDT at the Meeting Hall of the Coffee County Administrative Plaza (C-CAP Building) located at 1329 McArthur St., Manchester 37355. The commission is expected to vote immediately following the interviews and forward three names to Gov. Bill Lee for his consideration. The Administrative Office of the Court has more on each applicant.

Posted by: Kate Prince on Apr 13, 2021
News Type: Legal News

The Tennessee Bar Association has been named one of Nashville’s 2021 “Best Places to Work” by the Nashville Business Journal. Now in its 18th year, the rankings recognize Nashville companies for their teamwork, mutual respect among employees and leadership. The list is assembled after a nomination process and an employee survey that measures team effectiveness, trust in senior leaders, manager effectiveness and more. Organizations are then ranked and winners are chosen in each size category by their composite score. The TBA was honored in the “Small (10-24 employees)” category. The bar association will be featured in a special print publication and on the NBJ’s website and will be honored during a special virtual awards ceremony on May 18.

Posted by: Kate Prince on Apr 13, 2021

The Tennessee General Assembly has unanimously confirmed Judge Jill Bartee Ayers to the Court of Criminal Appeals Middle District. Ayers, who was previously a circuit court judge for the 19th Judicial District, was appointed to the role by Gov. Bill Lee in January. She joins 12 Court of Criminal Appeals judges from the Eastern, Middle and Western divisions. Middle District cases are traditionally heard at the Nashville Supreme Court building, but Ayers will likely hear cases from the other divisions as well. Ayers, who says she is “humbled” by the appointment, is the first addition to the Court of Criminal Appeals since 2016. Read more from the Administrative Office of the Courts.


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