TBA Law Blog


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Posted by: Kate Prince on Mar 9, 2021

The Tennessee Senate on Monday evening passed a resolution that will allow voters to change the way the state attorney general is selected, the Chattanoogan reports. In a 25-7 vote, legislators passed Senate Joint Resolution 1 (SJR1) which calls for a transparent nomination process by the Tennessee Supreme Court in selecting the State Attorney General, followed by a confirmation vote of the nominee by a majority of both houses of the Tennessee General Assembly. Once the nomination is made, the legislature would have 60 days to go through the confirmation process. In the event that the candidate is rejected, then the court would have 60 days to make another nomination. SJR1 will now go before the House where it must receive a two-thirds majority. If the resolution clears the House, it must then be passed by the majority of Tennessee voters in the 2022 gubernatorial election.

Posted by: Kate Prince on Mar 9, 2021

The Tennessee Historical Commission today voted 25-1 in favor of removing the bust of early KKK leader and Confederate Gen. Nathan Bedford Forrest from the state Capitol, the Tennessean reports. Historians, pastors, activists and other interested citizens were among the 30 speakers who testified during the meeting, which lasted more than five hours. Commissioners voted to relocate the bust to the Tennessee State Museum. It is unclear when the relocation process will begin or whether last month’s request from the House and Senate speakers for an attorney general’s opinion will cause delays.

Posted by: Kate Prince on Mar 9, 2021
News Type: TBA CLE

Just in time for Women’s History Month, catch a rebroadcast of Tennessee's Role in Women's Suffrage and the 19th Amendment with award-winning journalist and author Elaine Weiss. As the 36th state to ratify the amendment, Tennessee put the vote for suffrage over the top. Weiss takes viewers through the story of Tennessee’s monumental role in the ratification of the 19th amendment during the centennial anniversary, honors key players and examines how the ratification impacted the legal profession. This program is worth one general CLE credit.  

Posted by: Stacey Shrader Joslin on Mar 9, 2021
News Type: BPR Actions

A number of lawyers have been reinstated to the practice of law after being suspended for failure to pay their annual registration fee or certify that eligible funds are held in IOLTA-approved accounts. They include: six who were suspended in 2021, 13 who were suspended in 2020, three who were suspended in 2019 and two who were suspended in 2012. In addition, the 2020 suspension for one lawyer was removed but he remains on inactive status.

Posted by: Stacey Shrader Joslin on Mar 8, 2021

A statewide coalition of concerned citizens has formed the Committee for an Independent Judiciary in response to a legislative effort "to unseat a prominent Tennessee judge and change the balance of power in the state." The effort is being coordinated by Nashville attorneys Bob Boston, Aubrey Harwell and Billye Sanders; Chattanooga attorney Roger Dickson; Memphis attorney Lucian Pera; and Knoxville attorney Wayne Ritchie. According to a press release issued Friday, the committee is dedicated to educating the public and elected leaders about the perils of the HR23, which would swiftly deconstruct the state’s system of justice by allowing the legislature to influence the decisions of Tennessee judges. The group also has drafted a sample op ed and is inviting any concerned Tennessean to support the effort by learning more and signing an online petition. In related news, on Friday the Memphis Bar Association joined other legal organizations in issuing a statement “strongly condemning” the resolution. Last week, the Tennessee Bar Association issued a statement, as did the Nashville and Knoxville bar associations and the Tennessee Trial Lawyers Association.

Posted by: Stacey Shrader Joslin on Mar 8, 2021

Legal Aid Society of Middle Tennessee & the Cumberlands will hold four phone clinics this week for members of the public with questions about housing and renters’ rights, bankruptcy, medical bills, debt collection, domestic violence, SNAP benefits and unemployment benefits. Clinics are Tuesday from 4:30 to 6 p.m., Wednesday from 11 a.m. to 1 p.m., Thursday from 3 to 4:30 p.m. and Saturday from 8:30 to 10:30 a.m., with a special focus on disaster assistance. All times central. LAS is looking for attorneys to help answer questions. To volunteer, contact Andrae Crismon or Kendra Cheek or call 615-780-7131.

Posted by: Stacey Shrader Joslin on Mar 8, 2021
News Type: Passages

Gary Ronald Thompson died Feb. 26 at the age of 77. A native of Ashland, Kentucky, Thompson attended Morehead State College before transferring to Western Kentucky University. After graduation, he enlisted in the U.S. Army and served a one-year tour of duty in Vietnam and was awarded the Bronze Star. Thompson returned to Nashville and worked at National Life and Accident Insurance Company while attending Nashville School of Law at night. Following graduation, he opened a private law practice in Huntingdon, where he also sat as a judge on occasion. He later moved back to Nashville and worked at Third National Bank as an in-house attorney until 1994. He finished his law career as senior counsel at the Tennessee Attorney General's office where he worked until his retirement in 2010. The family requests that memorial contributions be made to the American Foundation for Suicide Prevention, American Cancer Society, American Heart Association, Alzheimer's Association or Woodmont Christian Church.

Posted by: Stacey Shrader Joslin on Mar 8, 2021

The Tennessee Senate reopened to the public today after shutting down most access during the COVID-19 pandemic, the Tennessee Journal reports. The public now can access the Cordell Hull Building through the main entrance on Rep. John Lewis Way. Elevator access to the 7th floor is allowed but will be monitored by General Assembly staff. Senate Hearing Room I and the Senate Gallery are open with limited and socially distanced seating. Other hearing rooms remain closed. The public may access the Capitol through the tunnel for Senate floor sessions but no group meetings or tours will be allowed. Members of the public must wear face masks at all times and are encouraged not to enter a legislator’s office without an appointment. Finally, committee chairs may continue to choose whether to hold in-person or remote meetings.

Posted by: Stacey Shrader Joslin on Mar 8, 2021

The Tennessee Supreme Court today affirmed the assessment of costs associated with disciplinary proceedings taken against Memphis attorney Larry E. Parrish. The court also ordered him to pay the costs within 45 days. Parrish had challenged the assessment of fees, arguing that the court should have used a revised 2014 version of Rule 9, which was in place when he was reinstated, rather than the version of the rule in place in 2013 when disciplinary action against him was initiated. The court found that the version of Rule 9 that should be used in disciplinary cases is the version in effect at the time the proceedings are filed or initiated, not when the attorney is reinstated. The court also notes that failure to pay the costs on time may serve as grounds for revocation of reinstatement. Read more from the court.

Posted by: Stacey Shrader Joslin on Mar 8, 2021
News Type: Legal News

Nashville's legal team wants to pay $2.25 million to settle a wrongful death lawsuit filed by the family of Daniel Hambrick, a Black man fatally shot by police officer Andrew Delke in 2018. The proposed settlement would resolve a $30 million lawsuit filed by Hambrick’s family that claims police officers are trained to rely on lethal force and discriminate against people of color. Neither party would admit wrongdoing or liability as part of the settlement, the Tennessean reports. Delke is charged with first-degree murder and is free on bond awaiting trial. Delke's lawyers argue that he acted in self-defense after determining that Hamrick was armed with a pistol. In a statement, Delke's defense attorney David Raybin said the civil settlement would have no impact on the upcoming criminal trial.


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