Are you interested in serving with the TBA in 2026? Several positions will be voted on this spring. Available opportunities include a new vice president from the Eastern Grand Division, three district governors and six grand division governors (two from each division) on the TBA Board of Governors, and four positions representing Tennessee in the American Bar Association (ABA) House of Delegates. Learn more about these positions in the 2026 Election Notice published in the November/December 2025 issue of the Tennessee Bar Journal or download a nominating petition. Nominating petitions should be submitted no later than Jan. 15, 2026 to barED@tnbar.org. Questions? Visit the TBA’s election webpage for more information.

Douglas Malcolm Carey, a 2023 graduate of the University of Memphis Cecil C. Humphreys School of Law, died Nov. 27 at his home in Crozet, Virginia. He had been working as a civil litigator for The Crone Law Firm in Memphis. Carey grew up in Virginia and New York. He attended the Waldorf School of Saratoga Springs where he focused on track, theater, the circus arts and martial arts. He attended SUNY Oswego and graduated with a dual major of philosophy and biochemistry in 2016. Outside of work, he was a certified personal trainer and was passionate about power lifting and running. A memorial service is being planned at the University of Virginia Chapel in Charlottesville, Virginia. In lieu of flowers, the family asks that donations be made to the TSC Alliance of Silver Spring, Maryland.

The TBA is offering an on-demand virtual 10-hour package as part of its Year End CLE event. The bundle includes a mix of sessions focused on ethics, AI, law practice management, professional skills, wellness and a legislative update. Check out the specific courses included in the package on the TBA website. Looking for something else? TBA also has six, eight, 12 and 15-hour packages, packages based on specific topics or practice areas, live webcasts, and on-demand videos all month long. Explore all the options to complete your CLE requirement by Dec. 31.

Join speakers from The Legal Burnout Solution on Dec. 9 for a one-hour webcast on developing mindful law practice management skills designed to strengthen your focus, organization and long-term success while protecting against burnout. The session will focus on using mindfulness to develop resilience, cultivate sustainable work habits, enhance focus and efficiency, and improve client and team communication and collaboration — all with an eye to protecting yourself against ethical missteps. Learn more or register on the TBA website.

The Governor’s Council for Judicial Appointments will consider five applicants when it meets to select nominees for an upcoming vacancy on the Court of Appeals Eastern Section resulting from the retirement of Judge D. Michael Swiney on Jan. 12, 2026. The applicants are Jeffery Scott Griswold, Christopher Dunn Heagerty, Rachel Park Hurt, William Erwin Phillips II and Melissa Thomas Willis. Public interviews are scheduled for Jan. 7, 2026, at 10 a.m. EST in the courtroom of the Knoxville Supreme Court Building at 505 W. Main St., Knoxville, TN 37902. After the interviews, the council will vote to send up to three applicants to the governor. For questions, contact Council Administrative Office of the Courts (AOC) Assistant General Counsel Laura Blount at 615-741-2687.  

Judge Thomas A. Varlan of the U.S. District Court for the Eastern District of Tennessee has announced that he will take senior status effective Oct. 5, 2026, The Chattanoogan reports. Varlan, who was nominated by President George W. Bush, has served as an active district judge for more than 22 years. He also served as chief judge of the district from 2012 to 2019. In commenting on his decision, Varlan said, “It has been my honor and privilege to have served our community and nation as a district court judge. I look forward to continuing to render substantial service to the court as a senior judge."

Republican Matt Van Epps prevailed over state Rep. Aftyn Behn, D-Nashville, in a special election for Tennessee’s 7th Congressional District Tuesday, The Tennessee reports. Van Epps edged Behn by nearly nine percentage points in a district Democrats have lost by more than 20 points in recent election cycles. With more than 95% of the votes counted, Van Epps received 53.9% of the vote, while Behn earned 45.1%. Van Epps, a West Point graduate and combat veteran who worked in Gov. Bill Lee’s administration, beat 10 Republicans to win the party primary.

Tennessee Attorney General (AG) Jonathan Skrmetti is leading a coalition of state attorneys general in opposing a new university participant agreement issued by the College Sports Commission (CSC), according to a press release from his office. The group argues that the terms of the agreement would harm student-athletes, eliminate institutional transparency and impose severe penalties on schools. In a letter to the CSC and the four athletic conferences, Skrmetti and seven other states’ chief legal officers warn that the agreement would allow the CSC to strip conference revenue, impose postseason bans and force universities into mandatory arbitration and sweeping gag orders. The letter also argues the agreement’s enforcement system is arbitrary and suggests it may be intended to bolster support for the controversial SCORE Act in Congress. The group urged the CSC to withdraw the proposal and work with member schools to craft a lawful framework that protects student-athletes and ensures transparency and accountability.

U.S. District Judge Eli Richardson recently dismissed a lawsuit from death row inmate Harold Wayne Nichols, who had sought to challenge Tennessee’s new lethal injection protocol. The Tennessean reports that Richardson ruled that the statute of limitations barred Nichols from bringing suit. Richardson also found that other execution methods would not be less painful, feasible or readily implemented than lethal injection by pentobarbital. Nichols’ attorney, Stephen Ferrell, said he was disappointed Richardson did not hold a hearing before dismissing the case. He has filed an appeal of the decision. Nichols is schedule to die on Dec. 11.

The state of Tennessee officially has asked an appeals court to overturn a lower court ruling that Gov. Bill Lee improperly sent the Tennessee National Guard to Memphis, The Daily Memphian reports. According to the paper, the state filed its application for an interlocutory appeal with the Tennessee Court of Appeals, arguing that Davidson County Chancellor Patricia Head Moskal was wrong when she ruled that Lee had acted outside his authority and issued an injunction. The injunction currently is stayed as the case works its way through the appeals process, leaving the guard to continue its mission in the city. Last month, the state requested permission to appeal Moskal's ruling. The state maintains that addressing crime is one of the allowable reasons for deploying the guard under Tennessee law.