The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed the development of a new structure for handling civil appointments for indigents and to handle criminal conflicts. 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 office would manage an estimated 76,000 cases each year, employing one statewide executive director and three attorneys — one in each grand division — as well as up to two full time or four part time attorneys who will all maintain their own caseloads. The office will implement strategic compensation structures using a combination of retainer, flat fee and hourly contracts, offering more competitive, predictable and intermittent compensation for attorneys who take appointed cases. The Supreme Court and the TBA believe that this new structure will better address the impending crisis in the administration of justice in Tennessee. Learn more about the plan and indigent representation in Tennessee and watch for our ongoing coverage of this issue. 

This week's TBA Legislative Updates podcast features TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley and Ashley Harbin of Adams and Reese. This week, they discuss several key bills, including SB1052/HB1355, which amends Tenn. Code Ann. §36-1-102(45)(B) to clarify that a biological father who only provides token support does not qualify as a putative father; SB540/HB492, addressing custody determinations and failure to pay child support; SB541/HB906, related to the TBA probate study group’s legislation; SB394/HB569, regarding the selection of a settlement agent in real property transactions; and SB943/HB1255, which focuses on continuing education for judges handling child custody cases. The podcast also covers the Tennessee Administrative Office of the Courts' (AOC) plan for indigent representation on behalf of the Tennessee Supreme Court. Watch Director Michelle Long present the AOC’s budget request, including funding for a new Office of Indigent Conflicts and Civil Counsel, which would oversee the state’s indigent representation system. Her testimony begins at 1:31:04. Listeners can tune in to the podcast on the TBA website or directly through this link.

The U.S. Supreme Court on Wednesday denied the State Department's application to vacate a district court’s order to issue payments of some foreign development aid funds. Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson voted to vacate the order. In a brief unsigned opinion, the justices stated that the district court should clarify how the State Department must fulfill its obligation, as the court’s deadline for issuing the aid had already passed. On Inauguration Day, President Donald Trump paused the disbursement of all foreign development aid for 90 days. According to SCOTUSblog, the district court is expected to hold a hearing on the aid groups’ motion for a preliminary injunction and if granted, would suspend the freeze on foreign-assistance funding going forward. This means that the dispute could return to the Supreme Court as an emergency appeal again soon.

The Tennessee Supreme Court recently issued two unanimous decisions, addressing criminal law and judicial residency requirements. In State v. William Rimmel III, the court affirmed Rimmel’s attempted aggravated assault conviction but reversed his reckless endangerment conviction. The case stemmed from a 2018 road rage incident in Marion County, where Rimmel pursued Bobbie Burke on a motorcycle and smashed her car window with a loaded handgun. The court ruled that Burke’s knowledge of the gun was not required to uphold the assault conviction, as long as Rimmel intended to make her fear imminent bodily injury. However, it overturned the reckless endangerment conviction, finding that Rimmel’s actions did not create a reasonable probability of serious bodily injury or death since he never pointed the gun at Burke. In Robin M. McNabb v. Gregory H. Harrison, the court ruled that municipal judges in Tennessee must reside within the city they serve, as required by the Tennessee Constitution. The decision came after Gregory Harrison was elected Lenoir City municipal judge in 2022, despite not living within city limits. Robin McNabb, a losing candidate, challenged the election results, arguing that the constitutional residency requirement applies to the city, not a broader judicial district. The Supreme Court agreed, ruling that because Harrison did not reside in Lenoir City, he was ineligible for the position.

The Metro Nashville Police Department (MNPD) has agreed to implement a sexual misconduct policy proposed by the Community Review Board last August. Metro lawyers and human resources officials spent months reviewing the policy, which aims to better define misconduct, expand reporting options and enhance protections for those who report it, the Nashville Banner reports. While the current police department manual addresses sexual harassment and coercion in the workplace, the new policy provides a more detailed list of prohibited conduct, covering both workplace interactions and officer-community relations. According to the news outlet, the department’s adoption of the policy follows years of allegations and debate over its handling of sexual misconduct, harassment and discrimination. “I am grateful to leadership at MNPD for the way they’ve received and implemented the recommendations from the Community Review Board’s report,” Mayor Freddie O’Connell said in a statement.

The TBA will host the “Applying for Clemency in Tennessee: Process and Practical Tips” webcast on March 27 from 1 to 3 p.m. CDT. The event will feature a panel discussion on the clemency process, offering practical guidance and key considerations for those seeking clemency in the state. For registration, speaker details and the agenda, visit the TBA website.

Gov. Bill Lee has announced that two artificial intelligence (AI) tools with ties to the Chinese Communist Party, Manus and DeepSeek, are now banned from Tennessee’s state network due to data privacy and cybersecurity concerns, according to a press release from the governor’s office. Tennessee is the first state in the nation to prohibit the Alibaba-owned Manus platform, which launched Thursday. Security risks cited include censorship, propaganda, bias, discrimination and data privacy threats. Following the statewide ban on DeepSeek, Tennessee Attorney General Jonathan Skrmetti issued a consumer warning, urging Tennesseans to exercise caution and consider the risks of using DeepSeek over an AI product from a non-communist country. "DeepSeek creates real risk for both our country and our consumers," Skrmetti said.

Tennessee’s unemployment rate remained steady at 3.7% in January, matching the revised December rate, according to the Tennessee Department of Labor and Workforce Development. The state’s seasonally adjusted rate was three-tenths of a percentage point below the national rate of 4%. Over the past year, Tennessee employers added 21,500 jobs, with the government sector seeing the largest gains, followed by mining, logging and construction and leisure and hospitality.

It's time for another round of #TeamTBA! Meet the people behind the scenes and learn more about the moving parts, projects and staffers of the Tennessee Bar Association. Lanny Brown is TBA's assistant executive director and he oversees the day-to-day operations of the organization. Lanny came to the TBA last year after serving as vice president of the Girl Scouts of Middle Tennessee and as curator of the Nashville Zoo. (His behind-the-scenes stories of the zoo are fascinating.) He says his favorite part of his job is working with an amazing staff of professionals who don't take themselves too seriously. Lanny is an amateur dendrologist, he can stop his own hiccups after no more than two and he prefers function over fashion — cargo shorts all the way. The #TeamTBA series offers members a behind-the-scenes look at the inner workings of the TBA and how each staff member makes the association run. Check back next week for a new staff profile in TBA Today and on the TBA's Facebook and Instagram accounts.

The Tennessee Supreme Court on Feb. 27 suspended 16 attorneys for failure to pay the annual registration fee; eight of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. Recent reinstatements for fee or IOLTA violations include 11 in 2025, three in 2024, one in 2023 and one in 2015. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2025 or access all administrative suspensions dating back to 2005.