The Tennessee Supreme Court on Oct. 17 lifted a six-year suspension imposed on Shelby County lawyer TeShaun David Moore in 2020, retroactive to 2018. On April 9, 2024, Moore filed a petition for reinstatement. A Board of Professional Responsibility hearing panel recommended that the suspension be lifted. The court adopted that recommendation but conditioned reinstatement on Moore’s “continuing compliance with and timely satisfaction” of conditions set forth in the Oct. 17 order. The court also noted that Moore remains suspended for an administrative violation and will need to seek a separate reinstatement order to lift that suspension.

Last week, the TBA communications team attended the National Association of Bar Executives’ annual Communications Section Workshop in Boise, Idaho. TBA staff members Stacey Shrader Joslin and Julia Wilburn served on a panel titled “Serving the Whole of Your Membership,” where Wilburn discussed efforts to support rural lawyers and Joslin highlighted TBA programming for members at all stages of their legal careers. Later that afternoon, staff member Azya Thornton moderated a social media roundtable discussion. See photos from the workshop.

Davidson County Chancellor Patricia Head Moskal on Friday denied a motion for a restraining order in a lawsuit challenging Gov. Bill Lee’s deployment of the Tennessee National Guard to Memphis. Instead, she set a hearing on a temporary injunction for Nov. 3, according to the Commercial Appeal. Several local and state lawmakers filed the suit Friday against Lee and the state attorney general, seeking to immediately halt further National Guard activity. The lawsuit argues that Lee’s deployment violates the Tennessee Constitution and state law, citing a provision that states the militia “shall not be called into service except in case of rebellion or invasion, and then only when the General Assembly shall declare, by law, that the public safety requires it.” Gov. Lee's office defended the deployment saying, “The Tennessee National Guard is the state’s army under Tennessee law. As the commander-in-chief, Gov. Lee has the authority to authorize the Title 32 strategic mission to Memphis. We are confident the court will uphold the Governor’s constitutional authority.” WREG has more on that response.

Wilson County lawyer Kyle Bates Heckman received a censure from the Tennessee Supreme Court on Oct. 20. The court took the action after determining that Heckmen violated Rules of Professional Conduct 1.3, 1.4, 3.2, 3.4 and 8.4(d). Heckman was hired to probate a client’s late husband’s estate. He filed a petition to probate the estate and then took no further action for five years despite statements to the client that he would do so. In another client matter, Heckman failed to take steps to probate a client’s father’s estate for five months, and failed to respond to 17 emails and multiple voicemails from the client.

Shelby County lawyer Julie Byrd Ashworth was censured by the Tennessee Supreme Court on Oct. 20. The court took the action after determining that Ashworth violated Rules of Professional Conduct 1.6 and 3.5(b) when making comments during mediation and before a judge. Ashworth represented a wife in a divorce in which it was alleged that the wife had engaged in extramarital affairs. At an informal mediation and without the client’s permission, Ashworth told opposing counsel that she was aware that her client had been seen with another man. At a subsequent hearing, without opposing counsel being present, Ashworth responded to questions from the judge about her client’s alleged romantic relationship.

The 2025 Southeast Complex Litigation Conference will be held Oct. 29 at the Tennessee Bankers Association in Nashville, offering updates on mass torts, class actions and whistleblower cases. National litigators will discuss emerging litigation involving medical devices, pharmaceutical drugs and consumer products, as well as best practices for identifying, prosecuting and defending complex cases. Session topics include class actions and multidistrict litigation basics, whistleblower claims under the False Claims Act and key trends in aggregate litigation. Speakers include Mark Chalos of Lieff, Cabraser, Heimann & Bernstein and Tricia Herzfeld of Herzfeld, Suetholz, Gastel, Leniski & Wall, with additional speakers and content to be announced in the coming weeks. For more details, to register and to stay updated, visit the TBA website.

Federal courts across the country are preparing to furlough some staff and curb operations on Monday amid the ongoing government shutdown. Furlough notices will be handed out on Oct. 20 “and orderly shutdown activities will commence,” Administrative Office of the U.S. Courts Director Robert Conrad said in a Thursday memo obtained by Bloomberg Law. Conrad said the judiciary “will have no funding to incur obligations or make payments for most activities” now that additional funds have run out. The U.S. Supreme Court says it will run out of money tomorrow, which means the court building will be closed to the public until further notice. It will remain open for official business, according to The Hill. In related news, thousands of lawyers who represent indigent defendants already have been working for over three months without pay. The judiciary expected to pay lawyers on the Criminal Justice Act panel once it received funds for the fiscal year that began Oct. 1, but then the shutdown hit. Bloomberg has more on that story.

Mayor Lee Harris has declared a state of emergency in Shelby County, citing a strain on local resources caused by the increase in federal and state law enforcement deployed to Memphis by Gov. Bill Lee and President Donald Trump, according to the Tennessee Lookout. It notes pressures on the county’s overcrowded detention centers as a result of an estimated 200% increase in daily arrests made by members of the Memphis Safe Task Force. The emergency declaration loosens spending rules to respond to an increase in arrests, detentions and other costs incurred by law enforcement. The local state of emergency will continue “until the end of Memphis Safe Task Force operations or until detention facility populations are reduced to capacity level or below,” the declaration states. In related news, a group of state and local leaders reportedly have sued the state over deployment of the National Guard to Memphis. The group, which includes Harris, are seeking a preliminary injunction to block their involvement, the Daily Memphian reports.

Beginning Nov. 3, the Tennessee Department of Correction (TDOC) will transition from physical mail to scanned, digitized personal mail for inmates at all department facilities. Mail from family and friends will be sent to an off-site facility, where it will be processed, scanned and delivered in digital format to inmates via their department-issued tablets. The new process aims to reduce contraband and increase security while providing faster, more reliable mail delivery to inmates, the Tennessee Tribune reports. Privileged mail from attorneys, court clerks, legal aid clinics, government officials or agencies will not be affected and will continue to be sent directly to the facility where the inmate is housed. Privileged mail sent to the scanning facility will be forwarded, and outgoing inmate mail will not be affected. TDOC implemented a pilot program of the new system in June at three facilities.

A Senate committee with jurisdiction over the Tennessee Valley Authority (TVA) has scheduled a hearing on Oct. 22 to consider President Donald Trump’s nominations to the TVA Board, Knox News reports. The board of the nation’s largest public utility has been unable to conduct regular business for more than six months. The hearing will consider four of the five nominees: Arthur Graham, Mitch Graves, Jeff Hagood and Randall Jones. A fifth nominee, Lee Beaman, was not included in a Senate Committee on Environment and Public Works news release announcing the hearing. A favorable report from the committee would set the stage for a full Senate vote.