The Tennessee court system continues to face challenges providing legal representation to individuals who are guaranteed counsel. Currently, the responsibility to secure counsel for indigent clients in many cases falls to judges. A benefit of the indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is eliminating the use of court time to appoint attorneys in these cases. Under the proposal, judges would be able to rely on the proposed "Office of Indigent Conflicts and Civil Counsel," which would assume responsibility for providing lawyers for indigent representation in child welfare cases and criminal cases when the public defender has a conflict. Attorneys who wish to take these cases would work with the office to secure appointments. This shift eliminates any potential or perceived conflicts by removing judges from the task of appointing counsel. Also, the proposed "Indigent Representation Commission" would be charged with reviewing, developing and, where possible, implementing procedures to improve accountability and prevent misuse of the system. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.

KPMG has become the first accounting, tax and consulting firm allowed to practice law in the United States, Bloomberg Law reports. KPMG won final approval from the Arizona Supreme Court today after obtaining initial approval from a court committee evaluating applications under that state’s new law firm ownership rules. The alternative business structure, known as KPMG Law US, will operate independently but as a wholly owned subsidiary of the company. It will provide legal services such as integrating contracts and tech systems after corporate mergers.

Tennessee Secretary of State Tre Hargett has issued a warning about a new email spoofing scam affecting residents. The fraudulent emails, which have the subject line "Exciting News!", falsely claim that Hargett has filed a sponsorship on behalf of the recipient. Recipients are instructed to watch for a follow-up email from the secretary's office, furthering the deception. Hargett's office emphasizes the importance of vigilance against such scams, which can lead to personal information theft. The public is urged to verify any suspicious communications before taking action.

The TBA Intellectual Property Section will continue its webcast series on March 19 with a session on "The Impact of AI on Prior Art.” The webcast will run from 11 a.m. to noon CDT. Watch for more details coming soon.

Judges across the county continue to rule on challenges to presidential executive orders. A federal judge in Washington state has blocked the Trump administration from suspending the U.S. refugee program. By contrast, a federal judge in Washington, D.C., declined to reinstate refugee funding in a case brought by Catholic bishops, The Hill reports. In another case, a federal judge in Maryland blocked immigration agents from conducting enforcement operations in houses of worship for a handful of religious groups, according to the Associated Press. With regard to the activities of the Department of Government Efficiency (DOGE), a federal judge in Washington, D.C. blocked the administration’s freeze of federal aid and a judge in Maryland blocked DOGE access to the Department of Education and Office of Personnel Management. The administration lays out its arguments for these changes in the orders, which are available on the White House website.

In a recent press release, the ABA outlined the status of its efforts to revise law school accreditation standards. For the last year, the association has been considering changes to Standard 206, which currently outlines the steps law schools must take to demonstrate a commitment to diversity and inclusion. At its last meeting, the Council of the ABA Section of Legal Education and Admissions to the Bar considered comments submitted in response to proposed changes, as well as other potential changes. It says it is continuing to review the standard to “ensure compliance with the recent executive orders and [direction from] the U.S. Department of Education” and intends to submit its recommendation to the ABA House of Delegates in August. Last week, the ABA decided to suspend the standard until Aug. 31, when adoption of a revised standard is anticipated. The council also said that “literal compliance” with Standard 205 will not be required. That standard prohibits discrimination on the basis of race, color, ethnicity, religion, national origin, gender, gender identity or expression, sexual orientation, age, disability or military status.

TBA’s annual Elder Law Forum will take place in person July 25 at the Belmont College of Law. This event will offer insights from top professionals and an opportunity for attendees to network with other lawyers in the elder law practice area. Forum topics will include Medicaid and TennCare, undue influence, office systems and AI, Veterans Affairs benefits and ethics. Elder Law Section members receive a discounted rate to attend. Register now!

General Sessions Court Judge Sheila Bruce-Renfroe is seeking $800,000 in additional funding to expand the Shelby County Mental Health Court, which provides an alternative to incarceration for individuals with mental health diagnoses. According to Action News 5, Renfroe says the court has struggled to reorganize and re-energize since the pandemic, although it has continued to admit participants. In 2023, the Tennessee legislature allocated $5.7 million to mental health courts statewide, with Shelby County receiving $367,000. Additional local funding was redirected to jail repairs. With just 48 admissions in Fiscal Year 2023, Renfroe aims to increase capacity to 120 participants and improve program outcomes. She plans to request the additional funding from Shelby County commissioners according to the news station. Shelby County Mayor Lee Harris expressed qualified support, saying, “I would love to invest more money in our mental health court and for me and the public it’s just function. Can we get more cases turned? Because I’m all for the investment, but I’m also for accountability.”

Fatal drug overdoses are declining in Tennessee and nationwide after years of rising deaths, offering a potential turning point in the opioid crisis. According to the Axios, Tennessee’s overdose death rate fell 6.6% from 56 per 100,000 people in 2022 to 52.3 per 100,000 in 2023, while the national rate dropped 4%. Tennessee has invested tens of millions of dollars from opioid lawsuit settlements into overdose prevention efforts, including expanding access to naloxone, a medication that can reverse  overdoses. Since 2017, overdose prevention specialists have distributed more than 678,000 units of naloxone, documenting over 82,000 lives saved, according to the Tennessee Department of Mental Health and Substance Abuse Services. Despite the decline, the state’s overdose death rate remains significantly higher than the national average, with more than 3,800 reported deaths in 2023.

Last week, Dumaka Shabazz was sworn in as the first African American federal public defender for the Middle District of Tennessee at the Fred D. Thompson Federal Building & Courthouse in Nashville, WKRN reports. A seasoned attorney and advocate for marginalized communities, Shabazz has served as an assistant public defender in Nashville since 2010, representing clients in complex cases involving fraud, homicide and large-scale narcotics offenses. Before joining the Federal Public Defender’s Office, Shabazz worked in private practice. He began his legal career as a prosecutor in the Davidson County District Attorney’s Office. He also has taught trial advocacy at Vanderbilt Law School and trained newly hired federal public defenders at the New Defender College in New Mexico. The Office of the Federal Public Defender was established in 1978 under the Criminal Justice Act. It provides legal representation to individuals who cannot afford private counsel, ensuring their Sixth Amendment right to a legal defense.