Third year Vanderbilt Law School student Ramon Ryan is the guest co-host of this month’s episode of the TBA BarBuzz Podcast. Ryan helps recap the latest legal news, upcoming and recent events at the bar association and gives some special shout outs to attorneys in the Tennessee legal community for their good work. Ryan also discusses his recent ABA award-winning scholarship on the Federal Communication Commission’s policy that excludes commercial satellites from environmental review. BarBuzz is a monthly show and is part of the TBA Podcast Network. It can be found anywhere you listen to podcasts or on the TBA’s website.

Legal Aid Society of Middle Tennessee and the Cumberlands has announced dates for a series of virtual legal clinics to assist victims of the March 2020 Middle Tennessee tornadoes. The clinics, held for low-income residents of Davidson, Putnam and Wilson counties, will be staffed by pro bono attorneys with experience in legal issues stemming from natural disasters. The Davidson County clinic will be held this Saturday from 8:30 a.m. until 10:30 a.m. CST. More information can be found here.

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 (CWA), the Clean Air Act (CAA), SMCRA, CERCLA and/or RCRA is preferred. The position is located in Nashville, but TDEC attorneys are currently working remotely and there is expected to be some flexibility going forward. Read the full job description and instructions on how to apply.

President Joe Biden today signed his $1.9 trillion COVID-19 rescue package into law, The Hill reports. The bill includes funding for $1,400 direct payments to most Americans, vaccine distribution efforts, school reopenings, enhanced unemployment benefits through September and state and local governments, along with an expansion of the child tax credit and an expansion of ObamaCare, among other provisions. The White House says it expects many Americans to receive their direct payments by the end of March. Biden will deliver a prime-time address later this evening about the administration's pandemic response.

A bill that would allow mentally disabled people on death row to challenge their sentence is being considered by a House subcommittee, WPLN reports. The Tennessee Black Caucus filed House Bill 1/Senate Bill 1236 in November to shield intellectually disabled people convicted of a crime from the death penalty. It is now being considered by the House Criminal Justice Subcommittee. The bill has been backed by several high-profile figures, including the president of the American Bar Association and former independent prosecutor of the Whitewater investigation, Ken Starr. Although state law no longer allows those with an I.Q. of 70 or below to be executed, federal public defender Kelley Henry told lawmakers at a hearing on Wednesday that the bill was needed to provide the same protection for people who have already been sentenced. The state Black Caucus filed the bill on behalf of Pervis Payne, a man with intellectual disabilities who is scheduled to die in April.

The Tennessee Supreme Court today suspended Albert Fitzpatrick Officer III from the practice of law for six years, with six months active suspension and the remainder on probation. Officer is ordered to continue his monitoring agreement with the Tennessee Lawyers Assistance Program, engage the services of a practice monitor, pay restitution in the amount of $1,250 and reimburse the board for all costs in the disciplinary proceeding. Officer pleaded guilty to the amended criminal charge of misdemeanor DUI. He also failed to take action to prosecute or advance a client’s case, failed to advise his client in a matter that had been appealed, failed to file appellate responses resulting in the court removing him as the attorney of record, failed to deposit client funds into his trust account and appeared in court representing his clients while administratively suspended.

House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, have filed a rare, joint bill aimed at cracking down on legislators doing business with the state, the Tennessean reports. If passed, HB1040/SB798 would prevent legislators with political consulting companies from billing other members' state postage and printing accounts for constituent update mailers, which multiple lawmakers have recently done. The measure comes after an FBI raid on the homes and offices of Rep. Glen Casada, R-Franklin, Rep. Robin Smith, R-Hixson, and Rep. Todd Warner, R-Chapel Hill, over their dealings with campaign marketing businesses.

A measure that would declare racism a “public health threat” has passed through Tennessee House committees and is now ready for a floor vote, the Tennessean reports. House Joint Resolution 10 (HJR10), sponsored by Rep. Antonio Parkinson, D-Memphis, cites the policy adopted by the American Medical Association (AMA) last year, which refers to racism as such and commits itself to "dismantling racist policies and practices across all of health care." The resolution ends by saying the General Assembly will "commit ourselves to openly and honestly addressing racism to end areas of disparity and inequity." It passed on a voice vote.

Conservatorships have been a trending topic recently due to the “Framing Britney Spears” documentary, which highlights the pop star’s conservatorship and the movement advocating for its end. However, as Director of the Metro Nashville Office of Conservatorship Management (OCM) Amy Bryant writes in an opinion published by the Tennessean, “Conservatorships in Davidson County do not play out the way they do in the movies.” In the article, Bryant breaks down how conservatorships are handled in Nashville, including the proof needed to establish them and the layer of oversight and protection that the OCM provides those who are subject to conservatorship. Bryant is the 5th District Governor on the TBA’s Board of Governors and the chair of the Public Education Committee. She’s a member of the Elder Law and Estate Planning & Probate sections and a member of the TBA Leadership Law Class of 2019.

Attorney General Herbert Slatery has filed suit against health management organizations Care Services Management and Marquis Mobile Dental Services for making false TennCare claims. According to the state, the defendants targeted residents at long-term care facilities, who were receiving Medicaid assistance and were eligible for healthcare expense deductions, like dental care, from the payment of their facilities. Those deductions resulted in TennCare paying for a larger portion of the long-term care. In exchange for referrals, the defendants also provided free administrative services to the LTC facilities and free dental services for some of their residents, constituting an illegal kickback arrangement. The state is seeking damages and the maximum civil penalty for each violation. The AG’s website has more.