The Tennessee Supreme Court has declined a request to consider a legal dispute over whether the state attorney general (AG) can take control of some post-conviction proceedings in death penalty cases from local district attorneys. According to the Nashville Banner, the court’s decision could remove the last obstacle to setting new execution dates. The AG's office historically has represented the state in capital post-conviction proceedings involving challenges to a person’s conviction or death sentence. Litigation followed the passage of a new state law in 2023, which gave the attorney general's office exclusive control over post-conviction cases in trial courts as well, where defendants can raise claims about legal errors, new evidence of innocence or proof of intellectual disability. No executions have taken place in Tennessee since 2020, but last week, the AG's office asked the state Supreme Court to set execution dates for five people on death row.

A hold order on federal funding for lawyers representing immigrant children who arrive in the U.S. without a parent has been rescinded, the Daily Memphian reports. The U.S. Department of the Interior sent a brief letter Friday notifying the Acacia Center for Justice in Washington, D.C., of the change. The center serves as the primary contractor for more than 90 nonprofits nationwide that provide legal representation to approximately 26,000 unaccompanied minors. The letter cancels a stop-work order issued last week, which would have affected hundreds of children served by organizations in the Memphis area. Those organizations should continue receiving funding to assist children who have the right to legal representation in their immigration cases.

One of the five former Memphis police officers charged in the death of Tyre Nichols was taken into federal custody last week for allegedly violating his bond conditions. Emmitt Martin III, who pleaded guilty last year for his role in Nichols’ death, turned himself in Thursday after a warrant was issued for his arrest. According to the Daily Memphian, the mother of Martin’s child filed a complaint with the federal probation office, alleging that Martin had been harassing her and their child. Federal prosecutors and Martin’s attorney agreed to a new bond restriction barring him from contacting his child’s mother except for child care-related matters. With a judge's approval, Martin was released on bond.

A federal appeals court has ruled that a lawsuit challenging workplace abortion accommodations can proceed. Tennessee Attorney General Jonathan Skrmetti and attorneys general from several other states challenged the policy, which allows workers to request time off for an abortion. A federal district judge dismissed the case in June, ruling that the states lacked standing to sue, FOX Chattanooga reports. This week, the U.S. 8th Circuit Court disagreed, allowing the case to move forward. The abortion accommodations were included in the Pregnant Workers Fairness Act, a bill passed in 2022 that grants workplace accommodations for pregnant workers and pregnancy-related medical conditions, including time off for doctor appointments, lactation support and miscarriage recovery.

The lack of attorneys available for appointed cases is contributing to the crisis in providing legal representation to indigent individuals in Tennessee. Under the current program, many attorneys cannot afford to take these cases due to low compensation and program constraints. The plan proposed by the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court addresses these challenges in a few ways, including via the use of strategic compensation structures for employing and contracting with attorneys. The plan may use a combination of retainer, flat fee and hourly or other contracts, offering more competitive and predictable compensation. Among the advantages of this approach are the elimination of caps and the ability to use predictable and intermittent payment for attorneys. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.

The American Bar Association (ABA) is suspending enforcement of its diversity, equity and inclusion (DEI) mandate for law schools, Bloomberg Law reports. The ABA says it is taking the action to comply with recent messaging from the U.S. Department of Education that schools must comply with new presidential directives by Feb. 28 or lose federal funding. Last fall, the ABA had proposed a change to the standard and the Council of the Section of Legal Education and Admissions to the Bar was expected to review comments on the proposal at its most recent meeting. Bloomberg reported yesterday that law schools, including Vanderbilt Law School, had started removing DEI language from their websites.

TBA’s new Legislative Updates podcast features TBA attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams and Reese. This week, they discuss SB541 and HB906 (claims of creditors filed against an estate), SB540 and HB492 (custody determinations related to failure to pay child support) and the plan for indigent representation by the Tennessee Administrative Office of the Courts on behalf of the Tennessee Supreme Court. Listeners can tune in on the TBA website or directly through this link.

The TBA’s 20th Annual Bankruptcy Law Forum will take place May 16-18 in Chattanooga, offering bankruptcy practitioners a weekend retreat featuring 10 hours of CLE credit, including three hours of ethics. The event begins on Friday with sessions covering mortgage developments in bankruptcy, a case law update and a “View from the Bench” discussion. Saturday’s programming includes small group discussions led by prominent bankruptcy judges, focusing on consumer and commercial bankruptcy issues. The forum concludes Sunday with a three-hour session on ethical considerations in bankruptcy practice. Attendees will also have opportunities to network and explore Chattanooga’s scenic downtown and surrounding mountains. For more information and to register, visit TBA’s website.

The West Tennessee Legal Services (WTLS) Legal Clinic will host an event on March 1 offering free assistance with drafting wills, powers of attorney and advanced directives. Volunteer attorneys will be available from 10 a.m. to 1 p.m. CST at the Memphis Medical Society, located at 1067 Cresthaven Rd. Memphis 38119. Attorneys and law student volunteers are asked to arrive by 9:30 a.m. for preparation. The clinic aims to provide valuable legal support to those in need of these essential documents. For more information, visit the WTLS website.

The Shelby County District Attorney's Office secured three convictions in the first few weeks of 2025. One man was convicted of aggravated assault stemming from a domestic violence incident; one of second degree murder and being a felon in possession of a handgun; and a third man was found guilty of two counts of rape of a child, two counts of aggravated sexual battery and one count of sexual battery by an authority figure. Additionally, six officers from three law enforcement agencies were indicted on charges of excessive force and misconduct related to the arrest of a man believed to have killed his ex-girlfriend last October. The officers face various charges, including assault and tampering with evidence. All six officers turned themselves in to the Dyer County Jail and were released on $25,000 bond. These developments come amid ongoing attention to the prosecution of Ezekiel Kelly, who is charged in connection with a 2022 shooting spree and is representing himself in court. The Commercial Appeal has the story.