TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 9, 2024
News Type: BPR Actions

Knox County lawyer Kristen Crye Stevenson has received a public censure from the Tennessee Supreme Court. The court found that Stevenson “knowingly and repeatedly” failed to notify her client that the court overseeing the client’s workers’ compensation case had ordered the employer to approve medical treatment while the case was pending. Stevenson also repeatedly failed to appear at court-ordered conferences and hearings and failed to submit required filings. These actions led to her client being assessed sanctions, fines and attorneys’ fees in excess of $16,000. Her actions were determined to violate Rules of Professional Conduct 1.2, 1.3, 1.4(a), 3.2 and 3.4(c).

Posted by: Azya Thornton on Oct 9, 2024
News Type: Disaster Response

Gov. Bill Lee has announced tax relief measures for residents and businesses in eight counties impacted by Hurricane Helene. Residents in Carter, Cocke, Greene, Hamblen, Hawkins, Johnson, Unicoi and Washington counties can receive a sales tax refund of up to $2,500 on essential purchases for repairs, while all taxpayers in those areas will have extended deadlines to file and pay certain taxes until May 1, 2025. Additionally, the department will extend the franchise tax Schedule G refund filing deadline for businesses located in the counties to May 1. The department also will approve, on a case-by-case basis, tax extension requests from affected taxpayers for other taxes. Get details in a press release.

Posted by: Azya Thornton on Oct 9, 2024
News Type: Legal News

A U.S. district judge last week temporarily overturned a decision by a Tennessee official to place a woman on the sex offender registry for life, despite never being accused of a crime involving sexual misconduct. The Tennessean reports, this has for nearly a decade, kept the woman, who is referred to as Jane Doe in court records, from living with her family or attending her son’s school events. While the order is preliminary, it will be in place while the case proceeds. Tennessee classifies those convicted of kidnapping as sex offenders, even if there was no sexual component to the crime. Jane Doe was convicted of kidnapping in 2011 but claims she was forced to participate. The judge acknowledged the possibility that she might have been a victim, a perpetrator, or both, the paper reports.

Posted by: Azya Thornton on Oct 9, 2024

Tennessee Attorney General Jonathan Skrmetti filed a response brief with the U.S. Supreme Court on Tuesday defending a state law banning gender transition procedures for juveniles. Skrmetti emphasized in a press release that the legislation aims to protect children from "irreversible, unproven medical procedures" and aligns Tennessee with 23 other states that have implemented similar restrictions. The brief argued that states have the authority to regulate medical practices and rejected the federal government's position, asserting that those opposing restrictions can advocate for change through state elections.

Posted by: Azya Thornton on Oct 9, 2024
News Type: Legal News

The American Bar Association (ABA) has revised the criteria for its Judicial Clerkship Program, which connects law students with judges and law clerks to educate them about the long-term benefits of judicial clerkships. The ABA eliminated references to schools sending students from "underrepresented communities of color" and judges hiring "minority" students after the Wisconsin Institute for Law & Liberty threatened to sue over the program. The new criteria states that law schools are "encouraged to select a diverse group of students" to participate. Judges no longer have hiring parameters, Reuters reports.

Posted by: Azya Thornton on Oct 9, 2024

Jillian's Law — a Tennessee law enacted in response to the death of Jillian Ludwig, which requires mentally incompetent defendants to be committed for treatment — is raising concerns about the availability of hospital beds in state treatment centers. According to Fox Chattanooga, critics worry about potential waiting lists, especially at the Harold Jordan Center, the state's sole facility for intellectual disabilities. State officials, citing privacy laws, have not disclosed the number of patients awaiting treatment. They say they have taken steps to implement the law but challenges remain in ensuring adequate resources and capacity. Ludwig, a first-year Belmont University student was fatally shot in a park near campus. The alleged offender had been released  just six months earlier after a judge ruled he functioned at a kindergarten level, and was unable to stand trial on shooting charges.

Posted by: Azya Thornton on Oct 9, 2024
News Type: Legal News

Acting U.S. Attorney for the Western District of Tennessee Reagan Fondren announced Tuesday that two Memphis organizations were awarded federal grants totaling more than $2 million. The Shelby County Office of Reentry received funds to provide safe, affordable housing and comprehensive services to formerly incarcerated individuals. Heal 901 will use the funds to implement an intensive program to reduce violent crime in Memphis. "These organizations have demonstrated their commitment to working with the Department of Justice to decrease crime, advance opportunities for ex-offenders, and protect our community," Fondren said in a press release.

Posted by: Azya Thornton on Oct 9, 2024
News Type: Your Practice

A growing firm is a great thing. It's a sure sign that your hard work is paying off with happy clients and more opportunities. As your business expands, it's important to bring new people up to speed smoothly and efficiently. Use this list to make sure you cover everything without overwhelming the new hire. Find more resources in the Management Section of TBA’s Law Firm in a Box.

Posted by: Stacey Shrader Joslin on Oct 8, 2024
News Type: Disaster Response

Tennessee Gov. Bill Lee’s office has released new information, highlighting resources available for communities impacted by Hurricane Helene and ways Tennesseans can serve. Information provided on the webpage includes instructions for donating items to the Northeast Tennessee Disaster Relief Center, now located at the Bristol Motor Speedway, links to First Lady Maria Lee’s Tennessee Serves website for volunteer opportunities, and specific information about helping in Cocke and Greene counties. For those who cannot travel to East Tennessee, the site also offers a range of ways to help virtually from a distance. Finally, the page has resources for storm survivors, including information about shelters, disaster and crisis clean-up hotlines, and links to relief agencies including Tennessee Voluntary Organizations Active in Disasters and the American Red Cross.

Posted by: Stacey Shrader Joslin on Oct 8, 2024

The Tennessee Supreme Court issued an order seeking comments on proposed changes to Rules 9 and 33, which would increase the annual registration fee from $170 to $270 and allocate the funds as follows: $225 to the Board of Professional Responsibility (up from $140), $15 to the Tennessee Lawyers’ Fund for Client Protection (up from $10), and $30 to the Tennessee Lawyer Assistance Program (up from $20). The court says the proposal is based on its own comprehensive review of the sufficiency of the annual registration fee and the allocation of funds it generates. Comments should be submitted by Nov. 8 and mailed to Clerk James Hivner, RE: Proposed Amendments to Tenn. Sup. Ct. R. 9 & 33, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219-1407 or by email to appellatecourtclerk@tncourts.gov. Comments should reference docket number ADM2024-01525.


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