In a memo sent to Congress on Friday, the U.S. Justice Department (DOJ) said it agrees with a lawsuit seeking to strike down grants reserved for colleges and universities where at least a quarter of undergraduates are Hispanic, the Associated Press reports. Tennessee and an anti-affirmative action group sued the U.S. Department of Education in June, asking a judge to halt the Hispanic-Serving Institution program (HSI). Tennessee argues that all of its public universities serve Hispanic students, but none meet the “arbitrary ethnic threshold” to qualify for the grants. Congress created the program in 1998 after finding Latino students were attending and graduating from college at far lower rates than white students. More than 500 schools are designated HSIs and received about $350 million in federal support last year. In the letter to Congress, Solicitor General D. John Sauer said the program provides an unconstitutional advantage based on race or ethnicity and cited the U.S. Supreme Court’s 2023 decision ending affirmative action as grounds for declining to defend the policy.

The TBA and West Tennessee Legal Services (WTLS) will present a free webcast, “Building Better Boards: Ethical Considerations and Dilemmas for Attorneys on Nonprofit Boards,” on Dec. 10 from 11:00 a.m. to 12:30 p.m. CDT. The program will cover ethical boundaries for attorneys serving on boards, questions to consider before joining and real-world conflicts of interest. Panelists include Rita Gibson Rayford from Strategic Legal Advocates, Claudia Williams Hyman with West Tennessee Legal Services, Brande Boyd from Butler Snow, Seth Ogden from Patterson Intellectual Property Law, and Harolda Bryson, an attorney for the city of Chattanooga. Registration is free and 1.5 hours of CLE credit is available for a $50 processing fee. Visit the TBA website for more information and to register. 

The American Civil Liberties Union (ACLU) of Tennessee and the state are taking time to “explore the possibility of settlement” in the ACLU’s lawsuit challenging a law that makes it a felony for public officials to vote in favor of sanctuary city policies, WPLN reports. Lawmakers passed an omnibus immigration bill this year, which among other provisions, made it a felony for local officials to support sanctuary city measures. The lawsuit, filed in June on behalf of seven Nashville Metro Council members, argues the law is unconstitutional because it fails to clearly define a sanctuary city policy and violates protections for legislators acting in their governing roles. A three-judge panel appointed earlier this month has approved a motion for an extension, giving the parties until Oct. 10 to pursue settlement discussions.

Nashville lawyer Ashley L. Upkins was sworn in as president of the National Bar Association at the group’s annual meeting in Las Vegas in August. becoming the first Tennessee woman to serve in the role. Upkins was elected president-elect in 2024 and has been preparing for her year in office. In a recent statement, Upkins called on members to join in advancing the organization’s mission of advocacy and service. She noted the NBA’s long history of protecting civil and political rights, improving economic conditions and upholding the integrity of the legal profession. “Together, we have the power to shape history, safeguard democratic ideals and leave a lasting legacy of justice and equality,” she said in a release. Upkins is serving as the 83rd president of the association, which is celebrating its 100th anniversary this year.

The Tennessee Supreme Court has ordered the Memphis Police Department (MPD) to pause the demotion of second lieutenants. MPD created this new rank two years ago. According to the Commercial Appeal, the Memphis police union challenged the move, saying it violates its agreement with the city. As of this week, 125 second lieutenants are on the police force. An arbitrator previously ordered the city to demote the lieutenants and lower courts upheld that move. The city argues that demoting the officers would create "chaos" within the department.

The TBA will host a webcast, “Tax Law 2025: Divorce & Taxes,” this Friday from noon to 1 p.m. CDT. The program will explore federal and state tax issues that can arise before, during and after divorce, offering practical insights for family law attorneys. Topics include potential tax pitfalls and strategies to better serve clients navigating divorce. For more information and to register visit the TBA website.

The Tennessee Supreme Court is soliciting comments on proposed amendments to the Rules of Appellate Procedure and the Rules of Criminal Procedure. The Advisory Commission on the Rules of Practice & Procedure recommended these changes after its June 27 meeting. Written comments should be submitted by Nov. 20 and sent by email to appellatecourtclerk@tncourts.gov or by mail to Clerk James Hivner, Re: 2026 Rules Package, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219. The docket number No. ADM2025-01108 also should be included in the communication. Read the order and see the proposed changes, which would amend Rules 20B and 27 of the Rules of Appellate Procedure and Rule 41 of the Rules of Criminal Procedure.

The Tennessee Attorney General’s (AG) Office has announced that the U.S. Department of Justice (DOJ) has closed a matter in which it alleged violations of the Americans with Disabilities Act (ADA) by the Tennessee Board of Law Examiners (TBLE) and the Tennessee Lawyers Assistance Program (TLAP). DOJ opened an investigation in 2023 after TBLE referred two bar applicants with histories of concerning conduct to TLAP, which required those applicants to comply with reasonable medical assessments and monitoring as conditions for practicing law in Tennessee. The office called the investigation a "baseless overreach" in a press release announcing DOJ's decision. The TBLE oversees attorney admissions, ensuring candidates meet required standards of character and fitness. TLAP provides confidential support to attorneys facing substance abuse, mental health and related challenges. Both organizations operate under the authority of the Tennessee Supreme Court, which has long promoted policies ensuring fair treatment for all applicants.

Austin Peay State University (APSU) recently announced that it has received a generous gift to establish the James T. McCoin II Memorial Scholarship Endowment, which will support undergraduate students who intend to pursue law school following graduation. To qualify for this scholarship, students must hold at least 75 credits toward degree completion, maintain a cumulative GPA of 2.75 or better and be enrolled full-time. McCoin was an APSU graduate and lawyer who advocated for youth and community-focused clients. "This scholarship honors James's legacy as someone who dedicated his career to advocating for youth and creating positive environments across Tennessee," said endowment funder Angie McCoin. "By supporting future law students, we hope to continue the important community-focused work that was so central to James's professional life."

Nashville General Sessions Court officials are moving forward with a plan to add six judicial assistants to help night court judges set and enforce bond conditions, aiming to close gaps in criminal history checks and ensure defendants sign off on bond terms. Supporters, including Judge Jim Todd, say the changes will improve public safety and enforcement, especially with a new law making bond violations an arrestable offense. Public Defender Martesha Johnson, by contrast, warned the process could pressure defendants into self-incrimination and compromise judicial neutrality, since many arrestees will not yet have access to legal counsel when questioned. Metro Nashville Police Department spokesperson Don Aaron said the goal is for a patrol officer who pulls someone over for a traffic violation to be able to see if the person is violating a current bond condition, information that is not immediately accessible now. The Nashville Banner has the story.