Collierville Municipal Court Judge Lee Ann Pafford Dobson today ruled that a case involving the shooting death of a Collierville orthopedic doctor will proceed to a grand jury after finding probable cause the defendant committed the crime. The Daily Memphian reports that Larry Pickens is charged with first-degree murder and aggravated assault of Dr. Benjamin Mauck in July 2023. If the grand jury indicts Pickens, the case will then go to the Shelby County Criminal Court for trial. A new state law named after Mauck mandates a minimum sentence of 30 days in jail and a $5,000 fine for misdemeanor assaults within health care facilities. An older law states officers cannot make arrests for misdemeanor assaults unless they witness the incident and must issue a warrant instead. The conflict between the two laws is raising questions about how to resolve differences.

Tennessee's 114th General Assembly will convene on Jan. 14, 2025, and TBA’s Government Affairs team is committed to affecting positive change on behalf of Tennessee attorneys. The best way for TBA members to connect with these efforts is through our Grassroots Advocacy Initiative, a network of engaged lawyers, interested in and informed about issues relevant to the practice of law in our state. Please complete this form if you are interested in learning more about TBA's grassroots efforts, including opportunities to advocate, like TBA's 2025 Day on the Hill and Big Shrimp Legislative Reception. Both events will be held March 19, 2025 in Nashville, providing an opportunity to meet with legislators and talk to them about issues important to the profession. Increased resources for indigent representation remains a priority for TBA. Look for another article in our Indigent Representation Primer in Friday's TBA Today.

The TBA Young Lawyers Division (YLD) has selected members for the 2025 Diversity Leadership Institute (DLI) class. This year's invited participants represent law school students from across the state. Congratulations to Samantha McCrory and Mary Martha Willson from Belmont University College of Law; Rebekah Ballard, Shana Singleton and Sharon Strahan from Lincoln Memorial University Duncan School of Law; Ilse Bloss from Nashville School of Law; Divine Dent from University of Memphis Cecil C. Humphreys School of Law; and Shery Girgis and Fady Megaly from Vanderbilt University Law School. The class will have its first meeting in January. Read more about the program and how to get involved as a mentor or speaker.

A former Nashville police officer’s home was searched in September as part of the probe to determine who leaked documents related to the Covenant School shooting, WSMV reports. The newly released information shows that Tennessee Bureau of Investigation agents searched the Portland home of Garet Davidson. A document filed by another officer says Davidson, who resigned from the department last December, controlled access to the safe where police stored the Covenant School investigation files. Davidson also has been a whistleblower in the department’s internal affairs office.

The parents of Jillian Ludwig, a Belmont University freshman who was shot and killed by a man determined to be mentally incompetent, are suing the Metro Nashville government, the state and multiple other entities and individuals over their daughter’s wrongful death. The suit argues that authorities erred when determining the shooter was not competent to stand trial but not so incompetent to qualify for involuntary commitment. They are seeking more than $50 million as relief. The Tennessean has more on the suit. Earlier this year, the state legislature approved “Jillian’s Law,” which requires involuntarily commitment of certain criminal defendants who are ruled incompetent to stand trial due to intellectual disability or mental illness.

Tennessee Republican senators today nominated Randy McNally of Oak Ridge to a fifth two-year term as speaker and lieutenant governor, Tennessee Journal reports. McNally was unopposed in a caucus election after serving for eight years in the role. Other Republican leaders nominated today included Majority Leader Jack Johnson of Franklin and Caucus Chair Ken Yager of Kingston.

A lawsuit seeking the ouster of Shelby County Clerk Wanda Halbert will go back to court next week, the Daily Memphian reports. Circuit Court Judge Felicia Corbin-Johnson has set Nov. 20 as the date to hear oral arguments on Halbert’s attorneys’ motion to dismiss the suit. Both sides have filed briefs on the question of whether the county attorney’s office could legally appoint a private attorney to file the ouster lawsuit in August. It is the second time Halbert has been the target of an ouster lawsuit alleging willful neglect of her office. Corbin-Johnson dismissed the first, filed in May, ruling that special attorney and Hamilton County District Attorney General Coty Wamp could not file the suit because she does not live in the jurisdiction where Halbert was elected. That decision led the county attorney’s office to contract with a private lawyer to bring the suit.

Two firearm advocacy groups, Gun Owners of America and the Tennessee Firearms Association, have sued the city of Memphis and Interim Memphis Police Chief C.J. Davis, the Daily Memphian reports. The groups are seeking a temporary restraining order to stop the city from enforcing gun control measures approved by voters last week. While measures have an effective date of Jan. 1, 2025, the Memphis City Council has acknowledged they have no enforceable effect since the Tennessee Constitution prohibits local governments from enacting gun restrictions. The groups argue that despite that, the referendums infringe on their rights.

Former U.S. Solicitor General and longtime Gibson Dunn partner Ted Olson died yesterday at the age of 84. Olson served under two Republican presidents, arguing 65 cases before the U.S. Supreme Court. He was an assistant attorney general during President Ronald Reagan’s first term and solicitor general for President George W. Bush. He was named to the post after being central to Bush’s win in the 2000 Florida presidential election recount dispute. In private practice, Olson prevailed in several key court decisions, including challenging limits on political giving, challenging the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, and challenging a California state ban on same-sex marriage. Speaking of that case, Olson later said it was the most important thing he had done “as an attorney or a person.” The Associated Press has more on his life and career.

During recent budget hearings, Gov. Bill Lee addressed the need to fill correctional officer roles. According to Lee, Tennessee prisons are experiencing a 26% vacancy rate in these positions with 651 current vacant positions. There were 1,200 officers hired this year; however, high turnover rates have left prisons struggling with long-term retention, WSMV reports. Lee floated the idea of setting up a retention specialist in each prison to help officers transition from the training academy to the job. He also announced that in about a month, the Northwest Correctional Complex in Tiptonville will begin a pilot program to shuttle employees from larger cities to the facility.