A news item in yesterday's TBA Today characterized the immigrant children affected by the cancellation of a legal services contract through the Department of Health and Human Services (HHS) as being confined to the Memphis area. While the three agencies mentioned in the item are based in Memphis, they serve immigrant children located across the state.

After an initial attempt in February to cancel a contract for legal services for immigrant children, the U.S. Department of Health and Human Services (HHS) has now fully canceled its contract with the Acacia Center for Justice, which provided federal funding for lawyers who represent unaccompanied immigrant children. The Daily Memphian reports that the decision will affect hundreds of children across the state who have legal representation through groups such as Latino Memphis, Advocates for Immigrant Rights (AIR) and Mid-South Immigration Advocates (MIA). “It’s an existential threat to our organization as it represents the vast majority of our budget for both our Memphis and Nashville offices,” said MIA legal director Sally Joyner. According to Joyner, last year’s federal contract was $902,346 or around 80% of MIA's budget. That money is going to have to be replaced somehow, she says, because groups still have ethical obligations to represent these children. The American Bar Association (ABA) also weighed in on the issue, saying, "Without specialized children’s programs and attorneys, many of these kids — some as young as toddlers — will be forced to navigate adversarial immigration proceedings alone. Legal services providers help ensure that children’s immigration proceedings are fair and efficient, alleviating undue burdens on judges and prosecutors, while protecting children’s due process rights." The Associated Press has more.

On Tuesday, Lee administration released its proposed budget amendment for FY 2025-2026, which includes an additional $17 million to fund the new plan for indigent representation in Tennessee. The TBA has worked closely with the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts (AOC) on securing funding for the new plan, and this issue was the top priority last week during attorneys’ meetings with legislators during TBA’s Day on the Hill.

TBA President Ed Lanquist Jr. reacted to the development saying, “The TBA applauds Gov. Bill Lee and his administration for prioritizing indigent representation by funding the AOC’s Indigent Representation Plan. I believe the AOC’s new and innovative plan will address the current shortage of attorneys willing to accept appointments to represent the indigent, by establishing more competitive and predictable attorney compensation structures. The TBA is especially grateful to Chief Justice Holly Kirby, the Tennessee Supreme Court and the Administrative Office of the Courts for their leadership and partnership in helping spotlight this critical issue, and we look forward to working with them and the Tennessee General Assembly to ensure this funding is in the final budget passed by the legislature.”

The budget process in Tennessee is a three part process: (1) in early February, the governor unveils his initial proposed budget in conjunction with the State of the State Address; (2) in late March/early April, the administration unveils a budget amendment, which compliments and makes adjustments to the initial budget; and (3) the Tennessee General Assembly works with the administration to finalize the budget, which must pass the House and Senate before they adjourn for the year. The TBA will continue working to ensure the new plan is funded. Learn more about the plan and indigent representation in Tennessee.

A bill seeking to make deceased school shooters’ juvenile records public passed the state House with bipartisan support on Monday, following the deadly shooting at Antioch High School earlier this year. State law currently mandates that juvenile law enforcement and court records remain confidential. According to Knox News, the House amended SB992 — which originally required juvenile court records to be managed by one central system — to require the unsealing of court proceedings, mental health issues and interactions with the Department of Children’s Services if a minor commits a school shooting and dies. House Majority Leader William Lamberth, R-Portland, said the amendment aims to better equip policymakers to prevent similar attacks. “Once this is public, everyone will know exactly what that history was, and we all can have a conversation on how to make sure that this never happens again,” he said. The bill now will have to go back to the Senate for reconsideration.

Join the TBA for a webcast on April 29 at noon CDT for a comprehensive update on Nashville’s economic landscape. Lori Odom, senior vice president of economic development with the Nashville Area Chamber of Commerce, will discuss the latest trends and opportunities in international business that are shaping the region's future. Be sure to bring questions for this engaging session focused on the pulse of Nashville’s economy. For more information and to register, visit TBA's website. 

A coalition running Nashville’s Eviction Right to Counsel program released a fiscal impact study Friday, showing that the pilot initiative helped residents avoid evictions and homelessness while reducing the financial burden on the city’s social safety net. According to the Nashville Banner, the report by financial firm Stout Risius Ross found that attorneys from Legal Aid of Middle Tennessee and the Cumberlands and the Nashville Hispanic Bar Association helped residents avoid eviction in 95% of cases, with a $2.2 million investment generating $5.7 million in direct financial benefits. The report recommended expanding the program, estimating a $9.3 million annual cost for full-scale implementation, which could result in savings of up to $43.9 million. Metro Councilmember Zulfat Suara, a key advocate for the program, is pushing for continued funding and expansion, arguing that the program not only provides financial savings but also improves residents' mental and physical health.

A three-judge panel from the D.C. Circuit Court of Appeals on Wednesday denied the White House's attempt to restart deportations under wartime authority. By a 2-1 vote, the panel upheld a lower court order that temporarily blocked the Trump administration from quickly deporting alleged Venezuelan gang members under the Alien Enemies Act of 1798, National Public Radio reports. The White House said it plans to appeal to the Supreme Court. The ruling keeps in place a temporary restraining order from District Court Judge James Boasberg, who on March 15 blocked deportations under the act. The Department of Justice argued that Boasberg had overstepped his authority by intervening in foreign policy matters. The order will expire Saturday, and further proceedings on whether to issue a longer injunction are expected to return to Boasberg.

Chambliss, Bahner and Stophel has announced that shareholder Cal Marshall is the new chair of its Health Care Practice Group. He succeeds Doug Griswold. Marshall advises health care and business clients on regulatory compliance and transactional matters. A former aide to several U.S. House of Representatives members, he has a background in health care policy and government oversight, offering strategic guidance to clients nationwide, according to Chattanoogan.com. Marshall earned his law degree from the University of Virginia School of Law. He is a fellow of the American Bar Foundation and a member of the Chattanooga, Tennessee and American Bar Associations. "I am honored to step into this leadership position and build upon our team's strong foundation," Marshall said. "I look forward to facilitating the continued growth of our practice and the exceptional service our clients expect."

A Memphis physician has been indicted for theft and insurance fraud, marking the second time the doctor has faced similar charges in the last two decades. Dr. Rande Lazar, an ear, nose and throat specialist, has been charged with one count each of TennCare fraud and theft of property. Lazar was indicted March 6, taken into custody March 13 and released on a $35,000 bond. He is due back in court in May. Legal trouble began for Lazar in 2004, when he was federally indicted on 115 counts of insurance fraud after allegedly filing false insurance claims for surgeries he did not perform, the Daily Memphian reports. Lazar was accused of falsely billing for frontal sinus surgery for more than 100 children. The indictment accused Lazar of requiring others in his practice to falsify both TennCare and Medicaid records to indicate that he had performed the surgeries. Those charges were later dropped after a judge found the search warrant served in the case was problematic.

The Tennessee General Assembly has confirmed Judge Valerie L. Smith and Judge Steven W. Sword to their respective appellate courts. Both were appointed by Gov. Bill Lee on Feb. 28. Smith will join the Tennessee Court of Appeals, Western Division, to fill a vacancy left by the retirement of Judge Arnold B. Goldin. She previously served as a circuit court judge for the 30th Judicial District and worked as an attorney at Nahon, Saharovich & Trotz and the Shelby County District Attorney’s Office. She received her law degree from the University of Memphis. Sword was confirmed to the Court of Criminal Appeals, Eastern Division, to fill a vacancy created by the death of Judge James C. Witt Jr. Sword served as a Knox County criminal court judge since 2011, and was an assistant district attorney for 15 years. He is also a judge advocate general in the U.S. Army Reserves. Sword received his law degree from the University of Tennessee School of Law.