TBA Law Blog


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Posted by: Julia Wilburn on Mar 17, 2025
News Type: TBA CLE

The TBA Litigation Section will continue its "Perspectives from the Bench" series with Tennessee Supreme Court Justices Sarah Campbell and Mary Wagner at the offices of Miller & Martin in Chattanooga on June 5. Moderated by attorneys Mary Taylor Gallagher and Zac Greene, the panel will discuss each justice's path to the bench, the importance of mentors, the manner in which the justices interact, the importance of the Rule of Law in our society and more. Join your colleagues for a reception following the event. Get more information and register here.

Posted by: Liz Slagle Todaro & Stacey Shrader Joslin on Mar 17, 2025

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is expected to provide a range of benefits. For attorneys, that means getting paid on a more regular basis and having access to training and mentorship opportunities. For judges, that means not having to spend time finding attorneys to take cases. For clients, the plan is expected to lead to less delays for children needing guardian ad litem services and in adoption cases. And for the legal system, the plan is expected to increase the number of attorneys willing to accept appointments and provide new safeguards to protect against misuse of indigency determinations. The TBA applauds the collaborative efforts of the Supreme Court, the AOC and stakeholders in developing and advocating for a new plan for the future. Learn more about the plan and indigent representation in Tennessee.

Posted by: Laura Labenberg on Mar 17, 2025
News Type: Upcoming

The Georgia Young Lawyers Division (YLD) is coming to Nashville to connect with the TBA YLD for an exciting weekend of professional development and fun on March 28-29. The events include a CLE on the ELVIS Act on March 28 from 4-5:30 p.m. The CLE will explore legal issues surrounding name, image and likeness (NIL) rights. A networking event will follow from 6-8:30 p.m. On Saturday, there will be a kickball game at Rose Park from 12-2 p.m. All times central. More players are needed! Don't miss this fantastic opportunity to connect with young lawyers from both states while expanding your legal knowledge and having a great time. Learn more and register for the various events.

Posted by: Liz Slagle Todaro on Mar 14, 2025

TBA President Ed Lanquist Jr. was joined by Administrative Office of the Courts (AOC) General Counsel John Coke and Indigent Services Team Lead Attorney Joe Byrd for a conversation about the indigent representation proposal from the AOC on behalf of the Tennessee Supreme Court. The proposal includes a new structure for handling civil appointments and criminal conflicts for clients who are indigent. Under the plan, the Tennessee Supreme Court would establish an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The interview directly addresses questions posed by Tennessee attorneys, including those who currently take appointed cases. Among the topics discussed are how, if funded, the program would be implemented and the opportunity to work closely with stakeholders, including local attorneys. Learn more about the plan and indigent representation in Tennessee and watch for our ongoing coverage of this issue.

Posted by: Stacey Shrader Joslin on Mar 14, 2025
News Type: Legal News, Upcoming

The Tennessee Alliance for Legal Services (TALS) is seeking session proposals for this year's Equal Justice University (EJU), set for Aug. 27-29 in Murfreesboro. Topics of interest include employment law, family law, health and benefits, housing and consumer, special education and juvenile justice, as well as professionalism and techology. See all topics and submit proposals online by April 18.

Posted by: Stacey Shrader Joslin on Mar 14, 2025
News Type: BPR Actions

The Tennessee Supreme Court has directed Dale Gerard Nowicki to respond within 30 days why discipline imposed in the state of California should not also be imposed in Tennessee. On Jan. 6, the California Supreme Court imposed two years of probation on Nowicki. The Tennessee court noted in its order that if Nowicki does not respond by the deadline, it will impose discipline "with identical terms and conditions" than what was imposed in California.

TBA’s Legislative Updates podcast features TBA attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC, and Brad Lampley and Ashley Harbin of Adams and Reese. In the most recent episode, they discuss several key legislative topics, including SB1052/HB1355, which amends TCA §36-1-102(45)(B) to specify that a biological father who only pays token support will not qualify as a putative father; SB540/HB492, related to custody determinations and child support; SB541/HB906, legislation from the TBA probate study group and its amendment; SB394/HB569, which deals with selecting a settlement agent in real property transactions; SB943/HB1255, which focuses on continuing education for judges involved in child custody cases; and TBA's Day on the Hill. Tune in to the podcast on the TBA website or through this link. And don’t forget to register for TBA's Day on the Hill and the Big Shrimp Reception next week.

Posted by: Azya Thornton on Mar 14, 2025

A bill that could set deadlines on homeless encampment clearings and the disposal of people’s personal belongings passed the Senate on Thursday. According to the Nashville Banner, the proposal from Sen. Brent Taylor, R-Memphis, is designed to allow the state Department of Transportation (DOT) to enter into individual memoranda of understanding with local authorities to clear encampments in public areas under DOT’s purview. Taylor says the bill was spurred by his months-long struggle to get an encampment cleared in Memphis. Advocates argue the bill may violate personal property rights. While an earlier version included a $64 million fiscal note to store personal effects, the amended bill removes that provision. The bill is now headed to the House Transportation Subcommittee. Rep. Tom Leatherwood, R-Arlington, is sponsoring the House version.

Posted by: Azya Thornton on Mar 14, 2025
News Type: Legal News

The woman accused of killing prominent Memphis pastor Ricky Floyd during an argument pleaded not guilty in her first court appearance Thursday, The Commercial Appeal reports. Samantha Marion is charged with voluntary manslaughter and is being held on a $100,000 bail. A hearing to review her bail was held today. Floyd was the senior lead pastor at Pursuit of God Church in Frayser. If convicted of voluntary manslaughter, Marion faces a prison sentence of eight to 30 years.

Posted by: Azya Thornton on Mar 14, 2025
News Type: Legal News

A federal judicial security program provided services to nearly 2,000 judges and helped more than 1,700 remove their personal information from the internet last year, Bloomberg Law reports. The program also helped 114 retired judges and 235 family members, according to an annual report from the Administrative Office of the U.S. Courts. The judiciary’s Vulnerability Management Program was established in 2022 following the fatal shooting of a federal judge’s son in New Jersey. In other findings, the annual report found that 1,510 judicial conduct and disability complaints were filed against federal judges in 2024, an 11% increase from the previous year. Most of these complaints were dismissed by chief circuit judges, according to the report.


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