Gov. Bill Lee will deliver his annual State of the State address this evening before the Tennessee General Assembly, discussing the state’s past successes and future challenges, WBIR News reports. He will speak from the House Chamber, and the address will be streamed live on his official Facebook page and YouTube channel. The speech is scheduled to begin at 6 p.m. CST. In advance of the speech, the governor outlined his themes in a release and accompanying video.

A bipartisan bill in the state legislature aims to make it easier for Tennesseans convicted of crimes to present new evidence of their innocence in court, the Nashville Banner reports. The proposed reform, backed by the Tennessee Innocence Project, is sponsored by Rep. Bob Freeman, D-Nashville, and Sen. Todd Gardenhire, R-Chattanooga. The HB601/SB256 seeks to expand and simplify access to court for convicted individuals and prosecutors who have often struggled to get a hearing on compelling new evidence. It would close the gap between the treatment of scientific and non-scientific evidence and establish a process for district attorneys to present courts with new evidence of a wrongful conviction. Under current law, prosecutors are obligated to act on such evidence but have "little way to do so," the bill sponsors argue.

U.S. law firms saw an 11.5% increase in profits in the fourth quarter of 2024 compared with the previous year, reaching near-record highs, according to Reuters. The report found that while law firm services grew more than 3% in the quarter, demand slowed, lawyer productivity declined by 0.4% and both direct and overhead expenses increased due to year-end bonuses and significant technology investments. The Thomson Reuters Institute, which tracks financial metrics from 195 large and mid-sized law firms, suggested firms may face more challenges in 2025 as transactional growth may not offset declining demand in counter-cyclical and other practices.

The most recent installment of TBA's Indigent Representation Primer is now available. The post provides an overview of national organizations and agencies that provide support and advocacy for lawyers working in the criminal justice system, with a focus on resources for those who represent low-income or vulnerable clients facing criminal charges. These organizations provide education and training, research, best practices, advocacy and other resources to help these professionals effectively advocate for their clients. Read past primer posts.

The TBA will present a live webcast focusing on professional transitions in the new year on Feb. 21. Whether you are seeking a new position, stepping into a leadership role or considering new practice areas, “New Year, New Career” will feature tips on a successful transitions from experienced legal professionals. Participants include Chattanooga lawyer Ariel Anthony with Unum Law Department, Nashville lawyer Jaz Boon with Bridgestone Americas Inc., LMU Duncan School of Law Professor Mohamed Faizer and Nashville lawyer Kathleen Stranch with Stranch, Jennings & Garvey. One hour of dual CLE credit is available. The webcast is being presented by the TBA Diversity Committee.

TBA member and Tennessee licensed-attorney Thomas West is suing the state of Tennessee over the professional privilege tax. West, who resides in Kansas, argues that the tax should be declared unconstitutional facially, or at least a violation of the Interstate Commerce Clause when applied to attorneys living outside the state. The tax, a flat $400, applies the same to attorneys regardless of where they live. But, he argues, attorneys outside the state will not have nearly as much Tennessee business and therefore the authorization to practice law in the state is not as valuable. He cites Amer. Trucking Assns. v. Scheiner, 483 U.S. 266, 296 (1987), in which the U.S. Supreme Court found that “… imposition of the flat taxes for a privilege that is several times more valuable to a local business than to its out-of-state competitors is unquestionably discriminatory, and thus offends the Commerce Clause … If each State imposed flat taxes for the privilege of making commercial entrances into its territory, there is no conceivable doubt that commerce among the States would be deterred.” West filed his suit with a three-judge panel constituted to hear challenges to state laws. That panel ruled on Feb. 4 that the tax is constitutional. Read the decision. He now has appealed to the Tennessee Court of Appeals and filed a motion with the Tennessee Supreme Court, asking it to assume jurisdiction.

On Feb. 6, the Supreme Court of Tennessee released an opinion affirming in part, and reversing in part, the decision of the Sullivan County Chancery Court imposing a public censure on Sullivan County Lawyer, Frank L. Slaughter Jr., pursuant to Tennessee Supreme Court Rule 9, Section 12.4. The Supreme Court affirmed the findings of the disciplinary hearing panel that Slaughter improperly disclosed confidential information about a juvenile client to third parties without the client’s informed consent in violation of Tennessee Rule of Professional Conduct 1.6(a). The court reversed the finding that Slaughter violated Rule of Professional Conduct 4.4(a)(1).

The TBA Tort and Insurance Law Section will host its annual forum on Feb. 20 as a live virtual event that will run from 9 a.m. to 12:30 p.m. CST. The program will feature sessions on first-party claims, health care liability and an ethics course focused on the art of advocacy without aggression. For more information and to register, visit TBA’s website.

On Jan. 28, the Tennessee Court of Criminal Appeals held oral arguments for its Knoxville docket at the University of Tennessee College of Law (UT Law). Sitting for the court were Judges Robert H. Montgomery, Tom Greenholtz and Kyle A. Hixson, all UT Law alumni. Rodd Barckhoff, interim director for the Center for Advocacy and Dispute Resolution and a retired Tennessee Supreme Court staff attorney, hosted the event, which was attended by more than 100 students. At the conclusion of the session, the students, panel members and attorneys for the parties participated in a question-and-answer session regarding appellate advocacy. Read more in a press release from the Administrative Office of the Courts.

The Justice Department (DOJ) has informed the U.S. Supreme Court that it is withdrawing its opposition to Tennessee’s law banning puberty blockers and hormone therapy for minors, reversing the Biden administration’s previous stance that such bans discriminate against transgender individuals, the Tennessean reports. The justices heard arguments in December on the DOJ’s challenge to Tennessee’s law but have not yet issued a ruling. Under the Biden administration, the department argued that the law was discriminatory because it allows a teenager assigned male at birth to receive testosterone for delayed puberty while banning the same treatment for transgender youth. Tennessee Attorney General Jonathan Skrmetti previously defended the law in a response brief to the U.S. Supreme Court, arguing that the state has the authority to regulate gender transition procedures for minors. A decision in the case, United States v. Skrmetti, is expected by summer.