TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 7, 2021
News Type: Legal News

A portrait of former Court of Appeals Chief Judge Charles D. Susano Jr. was unveiled recently in the Knoxville Supreme Court building where he heard countless cases over the course of his 25-year judicial career. Among those who spoke at the ceremony was Tennessee Supreme Court Justice Sharon G. Lee, who praised Susano for his generosity as a mentor to young lawyers and judges (including herself when she joined the court in 2004), for the more than 1,000 opinions he authored and for the many awards he received — including the Justice Frank F. Drowota III Outstanding Judicial Service Award from the TBA in 2017. She also referenced the physical challenges he has dealt with and how his perseverance has been an inspiration to others. Susano was appointed to the bench in 1994 after having served in private practice for 30 years. He served as presiding judge of the court from 2012 to 2014. At the time of his retirement in April 2020, Susano was the longest serving appellate judge in the state.

Posted by: Stacey Shrader Joslin on Apr 7, 2021
News Type: Passages

Retired Judge James Kenneth Porter, who served as a circuit court judge in the 4th Judicial District, died Monday in Newport, one day shy of his 87th birthday, the Administrative Office of the Courts announced today. Judge Porter retired from the bench in 1993. He was first elected as a circuit court judge in 1974 after having served as a state senator for one term and a state representative for four terms representing Cocke County. Porter graduated from the University of Tennessee College of Law in 1957. A private family graveside service will be held in Union Cemetery. In lieu of flowers, memorial donations may be made to a charity of the donor’s choice.

Posted by: Stacey Shrader Joslin on Apr 7, 2021

Spring Hill and Franklin Municipal Court Judge Deana Hood has been appointed to the Judicial Ethics Committee by the Tennessee Supreme Court, the Williamson Herald reports. She replaces Judge Paul Plant and will serve through Dec. 31, 2024. Hood has served as a municipal court judge in Spring Hill since 2018 and in Franklin since 2014. She also maintains a full-time law practice in Franklin. Hood studied political science at Middle Tennessee State University and received her law degree from the Cumberland School of Law at Samford University. The committee issues formal ethics opinions requested by judges.

Posted by: Stacey Shrader Joslin on Apr 7, 2021
News Type: Legal News

The Memphis City Council unanimously confirmed the nomination of Carolyn Watkins to Memphis Municipal Court, Division One, the Daily Memphian reports. Watkins was appointed by Mayor Jim Strickland to fill a vacancy on the court created by the death of Judge Teresa Jones in January. She has been a lawyer for more than 30 years with Shelby County government, working as the equal opportunity compliance administrator and at the public defender’s office.

Posted by: Stacey Shrader Joslin on Apr 7, 2021
News Type: Wellness Wednesday

For years, then NYU School of Law Assistant Dean for Student Affairs Arthur Fama offered regular yoga sessions for law students, believing it would make them better lawyers. In an article written for NYU News, Fama, who is now a mindfulness instructor, says that yoga offers five benefits for lawyers: (1) yoga helps develop the skill of listening mindfully, staying in the moment and staying focused; (2) yoga creates a balance between the different sides of the brain, allowing practioners to engage the analytical side with creative openness; (3) yoga helps develop sensitivities that are needed to understand clients, including discerning what clients really are saying and what they really need; (4) yoga slows everything down, a good habit to practice to create the space needed to properly assess problems; and (5) yoga helps filter out thoughts that don’t need attention, helping to develop the skill of being aware of thoughts without becoming preoccupied by them.

Posted by: Stacey Shrader Joslin on Apr 7, 2021
News Type: TBA CLE

Almost every civil case now goes through mediation, and most lawyers have to learn their mediation skills through trial and error. To help lawyers avoid mistakes, the TBA is presenting the online webcast “The Top 10 Horrible, No Good, Very Bad Mistakes Lawyers Make in Mediations” next Tuesday from noon to 1 p.m. CDT. Join David Taylor with Bradley Arant Boult Cummings to learn how to better prepare for mediation proceedings and get better results for your clients.

Posted by: Kate Prince on Apr 6, 2021
News Type: Legal News

Nashville attorney Jerry Morgan has filed a federal lawsuit against the Board of Professional Responsibility (BPR) for what he claims is a violation of his civil rights, Nashville’s NewsChannel5 reports. The suit claims Morgan was terminated in December 2020 after an attorney under investigation by the BPR filed a motion accusing him of being an “extreme anti-Muslim bigot” and arguing that Morgan might be biased against the attorney whose wife is Muslim. The motion cited several tweets from Morgan posted during the 2016 and 2020 elections. In a December email, the BPR told Morgan that his “speech has adversely impacted your ability to successfully perform your job duties,” and he was let go. Morgan disputes that claim, citing lack of any ethical violation against him. “I was terminated solely based on my political speech,” Morgan said. Read the full complaint here.

Posted by: Kate Prince on Apr 6, 2021
News Type: Upcoming

West Tennessee Legal Services will host its annual Law Day event on May 3 from 1 to 2:30 p.m. CDT. West Tennessee native Jim Emison is set to present on this year’s theme, “Advancing the Rule of Law Now.” Emison is an award winning lawyer who has been investigating the civil rights cold case murder of Elbert Williams in Brownsville, Tennessee. WTLS will also be recognizing pro bono attorneys in the area for their continued commitment to providing access to justice for all West Tennesseans. The free event will be held virtually and online registration is now open.

Posted by: Kate Prince on Apr 6, 2021
News Type: Legal News

U.S. District Judge Eli Richardson yesterday ordered the state to remove two men from the sex offender registry, the Associated Press reports. The ruling only affects two men who sued after being placed on the registry retroactively. Richardson had already ruled in February that parts of the law violated the Ex Post Facto Clause of the U.S. Constitution, which prevents people from being punished by a law passed after their crime was committed. Yesterday he ordered the state to stop enforcing any part of the law against the two plaintiffs and to remove their names from the sex offender registry.

Posted by: Kate Prince on Apr 6, 2021
News Type: U.S. Supreme Court

Tennessee yesterday asked the U.S. Supreme Court to reinstate a 48-hour waiting period for abortions while the case challenging it makes its way through the appeals process, Reuters reports. The 2015 law requires women to wait at least 48 hours before moving forward with an abortion. It was struck down by a district court judge in October who said the law placed an unconstitutional burden on women. The 6th U.S. Circuit Court of Appeals in February denied the state’s request to stay the lower court’s order, but the appeal was allowed to proceed. In its filing with the high court, the state noted that 14 other states have similar laws, but that “Tennessee is the only state in the nation that cannot enforce its law because of a federal judicial decree.” It further defended the law, saying that “some women will choose abortion without making an ‘informed and deliberate’ decision ... and some will later come to regret that irreversible decision.”


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