The Tennessee court system is facing a crisis in providing legal representation to indigent individuals who are constitutionally and statutorily entitled to legal counsel. The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to help address the emergency and provide long-term stability through the development of a new structure for handling criminal conflicts and civil appointments for indigent clients. Specifically, the plan establishes an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The plan highlights the anticipated outcomes, including an increase in the number of attorneys willing to accept appointments via the strategic use of retainers, flat fee and other types of contractual arrangements, and enhancing the quality of representation by providing training and mentorship for attorneys. The plan is structured to facilitate the work of the AOC, the courts, the district public defenders, the district attorneys general, and the private attorneys accepting appointments to be more efficient and effective as the need for indigent legal representation continues to grow. It also engages stakeholders in ongoing collaborations to improve function and accountability and prevent misuse of the system. The TBA has been working alongside the AOC to address this crisis and has key points for attorneys regarding the plan.

U.S. District Judge Tanya Chutkan on Tuesday declined the request of 14 Democratic state attorneys general to immediately impose wide-ranging restrictions on the Department of Government Efficiency (DOGE). Chutkan ruled that the states had not made the necessary showing of “clear evidence of imminent, irreparable harm,” The Hill reports. A separate judge on Friday rejected a request to block access to two federal departments and the Consumer Financial Protection Bureau, while according to Reuters, a judge on Monday declined to block access to student borrower data at the Education Department. There are more than a dozen pending lawsuits challenging DOGE’s structure or its access to various federal departments, according to The Hill.

Sherrard Roe Voigt & Harbison attorney John L. Farringer IV has been elected as the Tennessee Bar Association’s next vice president. He will lead the association as president in 2027-2028. Farringer is a Tennessee native practicing as a commercial litigator for over 20 years. He has been active in the TBA for many years, including as chair of the Access to Justice Committee, as a six-year member of the board of governors, and as the current associate general counsel with a special focus on issues related to indigent representation. He also was a member of the 2011 Leadership Law class and received the 2015 President’s Award for his work as chair of the Medical-Legal Partnership Working Group. Farringer has made access to justice a passion of his career, including handling complex indigent cases and serving as chair of the Tennessee Supreme Court’s Access to Justice Commission. After taking office as vice president at this summer’s TBA Convention, Farringer will become president-elect in June 2026 and take over the organization’s leadership in June 2027.

The 2025 Estate Planning and Probate Forum will take place next Friday, Feb. 28, at the Embassy Suites Cool Springs in Franklin. The daylong event will feature expert speakers covering topics such as community property trusts, AI developments, a probate panel, ethics, legislative updates and much more. Breakfast and lunch will be provided, offering opportunities for networking with colleagues from across the state. Sessions will run from 8:30 a.m. to 5 p.m. CST. The program offers seven hours of CLE including two hours of dual credit. Section members receive discounted pricing. Not a member of the Estate Planning & Probate Section yet? Join here. For more information on the forum, to view the speaker line up and to register, visit TBA’s website.

TBA's Day on the Hill and Big Shrimp Legislative Reception will be held in Nashville on March 19. The events give Tennessee lawyers an opportunity to meet with legislators and talk to them about issues important to the profession, including funding for indigent representation. The TBA Day on the Hill will include an opportunity to meet with legislators in the afternoon, followed by the annual Big Shrimp reception that night. RSVP for these events here. Learn more about the need for increased indigent representation funding or read about how the system works in Tennessee in posts from the TBA's recent Indigent Representation Primer.

Carter County lawyer Jason Lee Holly has been reinstated to the active practice of law. He had been temporarily suspended for failure to respond to the Board of Professional Responsibility on Oct. 28, 2024. The court reports that on Jan. 3, Holly provided an appropriate response to the board and filed a petition to dissolve the temporary suspension. At a hearing on Feb. 7, a panel of the board determined that dissolution of the temporary suspension was appropriate.

The Tennessee Attorney General's Office has asked the state Supreme Court to set execution dates for five people on death row, five years after the state last put a person to death, the Tennessean reports. The motions, filed on Friday, ask the court to set dates for Kevin Burns, Jon Douglas Hall, Kennath Artez Henderson, Anthony Darrell Dugard Hines and William Glenn Rogers. The motions are the next step in the process to resume executions in Tennessee after they were paused in 2022. Executions will proceed in the state under a new lethal injection protocol using a single drug, pentobarbital.

Obion County Mayor Steve Carr on Sunday declared a state of emergency in the town of Rives, after the Obion River breached levees and flooded the 250-person town. Obion County Emergency Management Agency Director Danny Jowers said that while the damage is devastating to the small community, it’s likely not enough to qualify for federal assistance for disaster recovery, reports the Tennessee Lookout. Gov. Bill Lee toured damage in Obion County and shared information about overnight shelters and warming shelters. The Rives flooding comes weeks after the Tennessee General Assembly approved a disaster relief package for communities recovering from Hurricane Helene on the opposite end of the state.

The Tennessee Supreme Court held official proceedings inside the Old Supreme Court Chamber at the Tennessee State Capitol for the first time in more than 10 years on Feb. 12. “This is an historic occasion, a homecoming of sorts for our court,” said Chief Justice Holly Kirby. “The Tennessee Supreme Court held its court proceedings in this very room for about three quarters of a century, until 1936 when the Supreme Court moved to the fancy new building down the street.” The historic event brought together all three branches of state government — executive, judicial and legislative — under the Capitol dome. Gov. Bill Lee said of the occasion, "The legislature is in session. The governor’s office is alive and well down there, I can say. We will be signing a bill into law today. There is work being done by all branches of government in this building. It’s historic, it’s important and it’s government at work on behalf of the people.” Read more in a press release from the Administrative Office of the Courts.

Chattanooga law firm Chambliss, Bahner & Stophel recently announced that Steve Barham has been elected to serve as the firm's president and managing shareholder, succeeding Mark Cunningham. Barham previously served as chair of the Litigation & Risk Management Section and as the firm’s general counsel. “I am honored to take on this leadership role at Chambliss,” said Barham. “Throughout my time with the firm, we’ve seen incredible growth and success ... I am committed to supporting [our clients] in achieving their goals moving forward.” The firm also announced that John Jackson will succeed Barham as section chair while shareholder Andrew “Andy” Leffler will chair the Real Estate Practice Section. Barham said the pair "bring strong leadership and a commitment to fostering collaboration, and we look forward to seeing how they will continue to move our firm forward."