Death row prisoner Harold Wayne Nichols on April 18 sued Tennessee Attorney General Jonathan Skrmetti, Tennessee Department of Correction Commissioner Frank Strada, Riverbend Maximum Security Institution Warden Kenneth Nelsen, as well as the unknown members of the execution team — listed as "John Does" in his lawsuit — in an attempt to delay his Dec. 11 execution until litigation over the state's new execution protocol is resolved. The Tennessean reports that the state has agreed to not execute at least two others on death row until their lawsuits conclude. Nichols argues the terms of that agreement must be extended to him or else the state is "unequally applying" its laws. Nichols' suit also makes several arguments against the new protocol itself, echoing many of those made in an earlier filing by other Tennessee death row prisoners. The U.S. Department of Justice in January rescinded its protocol allowing single-drug lethal injections for federal executions.

West Tennessee Legal Services (WTLS) and the Jackson-Madison County Bar Association will hold a Law Day celebration in Jackson on May 2. The event, which will include a luncheon featuring a judicial panel, will take place from noon to 1:30 p.m. CDT at St. Luke’s Episcopal Church, 309 E Baltimore St., Jackson 38301. Tickets are $35 for association members, $50 for non-members and $25 for non-attorneys. Tickets must be purchased by May 1.

University of Memphis Cecil C. Humphreys School of Law Assistant Dean for Law Admissions, Recruitment and Scholarships Dr. Sue Ann McClellan has announced her retirement, effective June 30. “Sue Ann’s vast experience and wealth of knowledge far exceeds that of so many peers,” said former law school Dean Katharine Schaffzin. “As a faculty member on the Admissions Committee or as dean, I have always deferred to her assessment in informing admissions decisions and recruitment strategies. Sue Ann’s kindness and humanity shine when she interacts with prospective students." In commenting on her career, McClellan stated, “It has been a privilege and an honor to open the door to the legal profession for every single one of these students." Read this tribute to McClellan from the law school.

Tennesseans will vote on three constitutional amendments on the November 2026 gubernatorial ballot after the state House approved the measures on Monday. The Senate had approved the resolutions in March. Sponsored by Sen. Jack Johnson, R-Franklin, one amendment would take away the right to bail for people charged with certain crimes such as acts of terrorism, second degree murder, aggravated rape, grave torture, vehicular homicide and carjacking. A second amendment, sponsored by Sen. Ferrell Haile, R-Gallatin, would would prohibit the state from instating a state property tax in the future. Finally, Marsy’s Law, sponsored by Sen. John Stevens, R-Huntingdon, would expand the rights of victims of crimes, including the right to be present and heard at all public criminal proceedings involving the accused, the right to be free from harassment or intimidation by the accused, and the right to be notified of the release, transfer or escape of the accused. The Nashville Post has more on all three proposed amendments.

The TBA YLD has selected six fellows for its new Rural Judicial Fellowship (RJF) program. They are: Harry Crane and M. Clark Hill from Belmont University College of Law; Savannah Grant and Isabella Turner from University of Tennessee College of Law; and Jillian McGauley and Charlie Pritchett from Lincoln Memorial University Duncan School of Law. These law students will have the opportunity to spend six weeks of the summer as a judicial law clerk in a legal community in rural Tennessee. They also will attend the TBA's Annual Convention in June and be recognized by Tennessee's Supreme Court justices. Six judges will be paired with the students to help them gain practical legal experience and foster connections in underserved areas. Thank you to this year's participating judges: Circuit Court Judge Caleb Bayless in Columbia, Chancellor Jerri Bryant in Athens, General Sessions Judge Lee Bussart in Lewisburg, Circuit Court Judge Mark Hayes in Dyersburg, Circuit Court Judge Blake Neill in Somerville, and Criminal Court Judge Zachary Walden in Jacksboro.

The U.S. Supreme Court early Saturday halted the Trump administration’s use of the Alien Enemies Act to deport migrants who are being detained in Texas, The Hill reports. The emergency order temporarily blocks deportations until the court resolves an emergency appeal from the American Civil Liberties Union. On Friday, the group asked a number of courts to intervene alleging that deportations were actively underway. The Justice Department disputed those claims. The high court decision comes a few days after U.S. District Judge James Boasberg found "probable cause" to hold administration officials in contempt for deporting accused Venezuelan gang members to El Salvador in March after he ordered the planes to turn around, Bloomberg Law reports. On Friday, the U.S. Court of Appeals for the D.C. Circuit halted those contempt proceedings to give it sufficient opportunity to consider the government’s appeal. The Hill reports on that development.

The final episode of the season for the TBA’s Legislative Updates podcast features TBA lobbyists and attorneys Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams & Reese. In this legislative session wrap-up, they discuss the passage of the state budget, key accomplishments from the TBA’s lobbying efforts and a preview of priorities for the 2025 session. Listeners can support the TBA’s advocacy work by contributing to LAWPAC. Tune in to the podcast on the TBA website or through this link.

The Trial Court Vacancy Commission is accepting applications for a circuit and chancery court judge in the 32nd Judicial District and to fill a vacancy in the 6th Judicial District Criminal Court. The 32nd Judicial District vacancy was created following the retirement of Judge Michael E. Spitzer. To be considered for the vacancy, interested individuals should apply by noon CDT on May 14. The commission will hold a public hearing to interview candidates on June 10. The vacancy in the 6th Judicial District Criminal Court follows the elevation of Judge Steven Sword to the Court of Criminal Appeals. Applications for this vacancy also must be submitted by May 14 at noon CDT. A public hearing for this position will be held June 17. Applications and additional information for both vacancies can be found on the Administrative Office of the Court's judicial resources page.

Legislation that passed the Tennessee Senate and House unanimously last week would require police to report each time they charge someone with driving under the influence and toxicology results later show the person was sober. Under the bill, the Tennessee Bureau of Investigation must report to the speakers of the House and Senate all instances in the previous year when someone was charged with DUI but no alcohol or other intoxicants were detected in their blood or breath. Reporting would begin in 2026 and continue through 2029, the Tennessean reports. Cases of sober drivers being charged with DUI have received increased news coverage and public attention in recent years according to the paper. Sen. Raumesh Akbari, D-Memphis, said the bill is intended to help the legislature determine whether “this is actually a real statewide problem.” The bill now goes to the governor for his consideration.

A judge ruled Thursday that Alphabet’s Google illegally dominates two markets for online advertising technology. According to Reuters, U.S. District Judge Leonie Brinkema found Google liable for “willfully acquiring and maintaining monopoly power” in the markets for publisher ad servers and ad exchanges, which sit between buyers and sellers. The decision clears the way for a future hearing to determine what steps Google must take to restore competition in those markets, such as selling off parts of its business. A trial date has not yet been set. It is the second court ruling finding that Google holds an illegal monopoly, following a similar judgment in a case over online search. The U.S. Department of Justice has said Google should be required to divest at least its Google Ad Manager, which includes the company’s publisher ad server and ad exchange. Read more in a statement from Tennessee Attorney General Jonathan Skrmetti.