TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 14, 2024

The Tennessee Board of Judicial Conduct has issued a reprimand to Putnam County General Sessions Judge Steven Randolph for actions taken in a case involving an unlicensed driver who damaged his vehicle. The board found that Randolph should not have heard the case since he had an interest in its outcome, including the payment of restitution. Randolph argued that the defendant had waived any recusal challenges, that the amount of restitution to be paid was “miniscule” and any violation was “technical, not substantive,” but nonetheless acknowledged he should not have heard the case. His actions were determined to violate Rules of Judicial Conduct 1.1, 1.2 and 1.3. Access the letter of reprimand here or on the Administrative Office of the Courts' website.

Posted by: Stacey Shrader Joslin on Oct 14, 2024
News Type: TBA CLE

The Tennessee Bar Association will hold its first ever Conference on Artificial Intelligence & the Law (TCAIL) in Nashville on Dec. 6. This unique day-long event will take place at the Tennessee Bankers Association, 211 Athens Way #100, Nashville 37228. The day will begin with an introductory session presented by TBA AI Task Force Chair A.J. Bahou, followed by sessions on AI and the substantive practice of law, including how AI impacts legal research, document generation, e-discovery and more. Two judicial panels and an ethics session will round out the day. Lunch will be provided. Members of TBA's Law Office Technology & Management Section and General, Solo & Small Firm Section are eligible for discounted registration. Reserve your spot by registering today.

Posted by: Laura Labenberg on Oct 14, 2024
News Type: Legal News

Members of the TBA Young Lawyers Division (YLD) and YLD Fellows gathered on Royal Caribbean's Allure of the Seas this past weekend for the Fall Board Meeting. YLD President Sean Aiello recognized several board members for their work over the last quarter, including Donelson lawyer Patrick Morrison for his development of CLE programming and his role as health and wellness coordinator; Nashville attorney Ginny Blake for her creativity and outstanding work increasing engagement as the YLD's social media coordinator; and Nashville attorney and YLD Secretary Ross Smith for his contributions to numerous pro bono clinics and law school visits. Finally, Murfreesboro lawyer Alix Rogers was awarded the "disco gavel" by YLD Fellows Liaison and Marshall County General Sessions Court Judge Lee Bussart for her enthusiasm and efforts to bring people together. During the meeting, members planned for upcoming events, including pro bono clinics, the Diversity Leadership Institute, the Tennessee State High School Mock Trial Competition and new CLEs. They also discussed how best to engage young lawyers and law students across the state. See photos from the meeting.

Posted by: Azya Thornton on Oct 14, 2024
News Type: TBA CLE

Make plans now to join colleagues on Nov. 7 from noon to 1 p.m CST for a unique webcast with University of Tennessee College of Law Professor Ben Barton. In "Contextualizing the Polarization and Public Perception of the Judiciary," Barton will present long-term data to show how public confidence in the American judiciary has fluctuated over time, with the goal of helping lawyers better understand the historical context of and address current challenges facing the judiciary. For more information and to register, visit the TBA website.

Posted by: Julia Wilburn on Oct 11, 2024
News Type: Legal News

Former Memphis police officers Tadarrius Bean and Justin Smith Jr. each filed motions Friday requesting their convictions in the Tyre Nichols federal criminal case be reversed, reports the Commercial Appeal. Bean and Smith were convicted last week of witness tampering related to a cover-up of the beating of Nichols, but acquitted of civil rights charges. The motions allege a lack of evidence that adequately established that Bean and Smith were attempting to lie or mislead their MPD supervisors.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

Shrinking hospital capacity in Tennessee leaves at-risk communities more vulnerable to extreme heat, a new study finds. The study, published in the Journal of the American Medical Association revealed that government officials' tools for measuring heat vulnerability often don't consider access to health care. By including hospital bed capacity in calculations, the study found a "major increase" in vulnerability for many Tennessee counties, the Tennessee Lookout reports. The article notes that the study has limitations and mainly focuses on the population of people aged 65 and older. One of the study’s main researchers expressed hope the study will encourage elected officials and policy makers to consider health care accessibility and hospital capacity as one of the main factors of heat vulnerability and ask how their constituencies can be better prepared.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

According to a data report released Friday by the U.S. Labor Department, the legal services industry added 1,600 jobs in September, reversing a decline that began in April. Lawyer Monthly reports there has been "robust" demand for legal professionals in the U.S. from both corporations and large law firms over the past four months. The department's statistics include lawyers, paralegals and assistants working for law firms, corporations and other organizations. In the first half of 2024, U.S. law firms reported strong financial performance, with average revenue up 11.4% compared to the same period a year earlier. Demand for transactional practices is increasing after nearly three years of lackluster performance, the article reports.

Posted by: Azya Thornton on Oct 11, 2024
News Type: TBA CLE

The TBA Appellate Practice Section on Tuesday hosted its annual boot camp at the Tennessee Court of Criminal Appeals (CCA). Produced by Appellate Practice Section Chair Laura Deakins and Middle Tennessee Delegate Leslie Price, the event provided attendees the opportunity to earn CLE through the viewing of CCA oral arguments, a Q&A with presiding judges, a moderated panel of lawyers who participated on the morning docket and an ethics presentation. Special thanks to Judges Camille McMullen, John Campbell and Robert Wedemeyer for their help with this remarkable forum.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

The Federal Bureau of Investigation (FBI) has consolidated its Memphis and Knoxville field offices into a single office in Nashville as of Oct. 1. This decision, made after more than eight years of evaluation, aims to better serve Tennessee by having one office covering the entire state, the Daily Memphian reports. The FBI has also increased the number of investigative agents across the state from 170 to 200, with 10 of the 30 new agents already in place. In a statement, Memphis Mayor Paul Young said he believed the change “wouldn’t impact the level of support” Memphis gets from the FBI. The FBI has had a field office in Memphis since before 1925.

Posted by: Azya Thornton on Oct 11, 2024
News Type: Legal News

NetChoice, the trade association of online businesses ― including Instagram and Facebook parent company Meta ― has filed a federal lawsuit challenging the constitutionality of a Tennessee law that requires age verification and parental consent before minors can create social media accounts. The Tennessean reports that the association filed the suit against Tennessee Attorney General Jonathan Skrmetti on Thursday morning, arguing that the new law violates the First Amendment by conditioning Tennesseans’ access to free speech on their willingness to provide sensitive personal data. The lawsuit notes that NetChoice's member platforms already provide parents with tools to monitor children's activities. The law, “Protecting Children from Social Media Act,” was signed by Gov. Bill Lee in May and is set to take effect Jan. 1, 2025. Bill sponsors said the legislation is meant to protect children and bolster parental rights online. The measure passed the Tennessee House of Representatives and Senate with bipartisan support.


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