The second installment in TBA's Indigent Representation Primer is now available. This week's post highlights background and data about Tennessee's Indigent Representation Program, including how courts determine and assign counsel for indigent defendants and vulnerable individuals. The piece also looks at a recent performance audit report of the Tennessee court system conducted by the Office of the Comptroller of the Treasury, including an evaluation of the "effectiveness and efficiency" of the current system of indigent representation as well as other court programs. See past primer posts here.

The Office of Gov. Bill Lee is accepting applications to fill an upcoming vacancy in the position of public defender for the First Judicial District. The vacancy is due to the retirement of Jeffery C. Kelly, which will occur on Feb. 28, 2025. To qualify for the office, applicants must be licensed Tennessee attorneys and be residents of the state for at least five years and of the judicial district for at least one year. The district includes Carter, Johnson, Unicoi and Washington counties. Attorneys interested in being considered should submit a resume and cover letter by mail to Erin Merrick, chief counsel to the governor, State Capitol, First Floor, 600 Dr. Martin Luther King Jr. Blvd., Nashville, TN 37243, or by email to Katelin.Brown@tn.gov by 5 p.m. CST on Dec. 2. The individual selected will serve until the next biennial election in August 2026.

The Metropolitan Nashville and Davidson County Office of Conservatorship Management (OCM) will celebrate its 10th anniversary on Dec. 3 from 1:30 to 2 p.m. CST at the Historic Courthouse Courtroom 608. A reception will follow. To RSVP, email ocm@jisnashville.gov. Based on the recommendations of a volunteer task force, former Judge Randy Kennedy and former Nashville Mayor Karl Dean, the Nashville metro council established the OCM in October 2014 as a division of the Metropolitan State Trial Courts Department. View the invitation.

The Tennessee Supreme Court has issued an opinion in Case v. Wilmington, involving a man who claimed he experienced “wrongful foreclosure” of his property. The court held that state law does not recognize a common law claim of “wrongful foreclosure.” Rather, such claims must be brought as existing breach of contract, tort or statutory causes of action. The plaintiff, Terry Case, filed the underlying action to stop the foreclosure of his property. After the foreclosure was allowed to proceed, Case filed an amended complaint asserting claims for “wrongful foreclosure,” among others. The trial court dismissed the claims. The Court of Appeals reversed on the “wrongful foreclosure” claim but upheld dismissal of the remaining claims. The Supreme Court reversed the appeals court and sent the case back to the trial court to enter an order of dismissal. To read more about the decision visit the Administrative Office of the Court's website. Chief Justice Holly Kirby issued a separate concurring opinion.

The four officers who faced federal charges in the death of Tyre Nichols last month now have a trial date for the state criminal case, the Commercial Appeal reports. The state case against Tadarrius Bean, Demetrius Haley, Emmitt Martin III and Justin Smith Jr. will begin April 28, 2025. Before then a number of motions will need to be worked out. One of those motions, which would sever the defendants and allow them to be tried individually, will be heard Nov. 25. The federal case, which charged the officers with civil rights violations, ended in early October.

A Virginia-based nonprofit has filed a federal lawsuit challenging the racial requirements for appointments to key medical boards in Tennessee. The lawsuit, filed earlier this month by Do No Harm, targets the state's Board of Medical Examiners and Board of Chiropractic Examiners. The medical examiners board mandates that the governor appoint at least one Black member, while the chiropractic board requires at least one racial minority member. Do No Harm and attorneys from the Pacific Legal Foundation argue that individuals have been denied appointments because they were not from a minority group. The lawsuit names Gov. Bill Lee as the defendant, citing his role in overseeing state board appointments. The Hamilton County Herald reports on the issue.

Immigration is poised to be a key issue in Tennessee’s legislature this year, with several bills already proposed ahead of the upcoming session. State Rep. Todd Warner, R-Chapel Hill, has proposed a bill that would require law enforcement to transport undocumented individuals to “sanctuary cities,” which offer protections to undocumented immigrants. Another bill, introduced by Rep. Scott Cepicky, R-Culleoka, would direct the state to redesign drivers licenses, permits and other state-issued IDs to clearly distinguish between U.S. citizens and noncitizens. The Nashville Banner reports on both proposals.

Two Memphis advocacy groups have filed an amicus brief in support of a lawsuit against a bail law that passed during last year's legislative session. The suit, filed earlier this year by the ACLU of Tennessee and Memphis advocacy group Just City, alleges that the law — which prevents judges from considering an individual's financial condition when setting bail — violates the constitution. Stand for Children Tennessee and the Official Black Lives Matter Memphis Chapter filed the brief on last week, according to the Commercial Appeal. The state law reportedly was designed to target Shelby County's standing bail order, which was established in 2022 after several organizations threatened to sue for unconstitutional bail practice.

The TBA’s Criminal Justice Section will present the 2024 Criminal Law Forum virtually on Dec. 5 from 10 a.m. to 1:15 p.m EST. This year's forum will focus on how attorneys can ethically and effectively manage media relations in high-profile cases. Through real-world scenarios, sessions will address the balance between protecting a client’s legal interests and shaping the public narrative. Attorneys will learn to avoid common pitfalls, comply with ethical obligations, and use communication strategies to safeguard both legal outcomes and a client's reputation. For more information and to register for the program visit TBA’s website. Criminal Justice Section members receive a discounted rate. Not a section member? Join here.

The new Columbia law firm of DuBois Bridenbaugh Lindberg will hold a ribbon cutting and open house on Nov. 18. The ribbon cutting will run from 2-2:30 p.m. CST followed by the open house from 2:30-5 p.m. The firm is located at 1020 S. Garden St., Columbia 38401. Refreshments and hors d’oeuvres will be served. View the invitation. The firm, which can be reached at 931-380-8820 or info@dbltnlaw.com, will be led by shareholders J. Thomas DuBois, Jerry A. Bridenbaugh and Byron Lindberg. They will focus on business, estate planning, intellectual property, personal injury and real estate matters. Lindberg also will head the firm’s mediation clinic.