TBA Law Blog


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Posted by: Azya Thornton on Aug 28, 2024

West Tennessee District Attorney General Fred Agee has requested a state investigation into Sen. Brent Taylor, R-Memphis, for allegedly posting documents online containing a defendant's personal information, including a Social Security number, potentially in violation of state law. Agee's complaint, filed with the state Comptroller’s Office and Tennessee Bureau of Investigation, stems from Taylor's social media posts showcasing a plea agreement in a case Agee handled, which Agee says were intended to criticize him and potentially expose sensitive information. Taylor claimed the documents were shared to highlight what he perceived as lenient plea deals, and said he removed the documents when he became aware of privacy concerns. The request for investigation also explores whether the Gibson County Sheriff’s Office, where Sheriff Paul Thomas is indicted for a separate scheme, provided Taylor with the information. The Daily Memphian has more on this story.

Posted by: Azya Thornton on Aug 28, 2024
News Type: Legal News

Shelby County Clerk Wanda Halbert has once again filed a motion to dismiss an ouster petition against her. This time, she argues that the attorney hired by the Shelby County Attorney's Office lacks standing to bring the case, according to the Commercial Appeal. Halbert's attorneys claim that only the Tennessee Attorney General's Office, the Shelby County District Attorney's Office, or the Shelby County Attorney's Office can file such a petition. However, both the district attorney and the county attorney have stated they have a conflict of interest in the matter. The state attorney general has declined to intervene, citing the political nature of the case. Halbert's attorneys also argue that the county attorney's office did not have the authority to hire outside counsel without approval from the Shelby County Board of Commissioners.

Posted by: Azya Thornton on Aug 28, 2024
News Type: Election 2024

Women are outnumbering men on state ballots this fall, with two women competing for Tennessee's U.S. Senate seat, and Vice-President Kamala Harris running in the presidential election. According to Knox News, reports find this increase in female candidates mirrors a national trend that may help close the gender gap in political representation. The paper cites data from the Center for American Women and Politics at Rutgers University, which reveals that only 15% of Tennessee's state legislators are women. Additionally, a recent Vanderbilt poll highlights significant gender differences on policy issues. "The variations we observe among registered voters ... indicate that gender-based opinions could have substantial effects on voting and policy-making, both in our state and nationwide,” says Joshua Clinton, co-director of the poll.

Posted by: Azya Thornton on Aug 28, 2024
News Type: Passages

Former Tennessee Bureau of Investigation (TBI) Director Mark Gwyn, the first Black man to hold the position, has died at the age of 61. Gwyn led the TBI for 14 years and was pivotal in enhancing the agency's capabilities, including the establishment of the Technical Services Unit and Cyber Crimes Unit, The Tennessean reports. TBI Director David Rausch praised Gwyn for his profound impact, stating, "Mark had a profound impact on the Bureau, contributed to its growth and innovation." Davidson County District Attorney Glenn Funk called Gwyn's death a profound loss for the state. "As leader of the TBI, he was a tremendous resource and advocate for law enforcement across the state," Funk said. "His dedication to the public and their safety in every community was an inspiration to all of us in law enforcement."

Posted by: Azya Thornton on Aug 28, 2024
News Type: Legal News

Belmont College of Law is pioneering a new holistic approach to legal education to help students build resilience and self-awareness, the school writes. The approach uses Enneagram, a personality typing system, to guide students in understanding their professional identity, communication styles and stress management. Current second year law students will be the first class to experience the entire "Extended Enneagram Training” series, which is integrated into student orientation and continues throughout law school. The initiative comes in response to the American Bar Association's emphasis on cultivating professional identity in law students. By focusing on student wellness and whole person formation, Belmont says it aims to prepare graduates for the demanding and potentially stressful legal profession and address the high rates of substance abuse among lawyers.

Posted by: Azya Thornton on Aug 28, 2024
News Type: Legal News

Tennessee has fined private prison operator CoreCivic nearly $15 million since 2019 for contract violations at Trousdale Turner Correctional Center, The Tennesean reports. The revelation comes amid news of a new civil rights investigation into the facility by the U.S. Department of Justice. Over the years, CoreCivic has been found to have chronic staffing shortages, improper use of force and other safety issues according to reports. While it has implemented measures to address these problems, including increased wages and recruitment efforts, it continues to face challenges in meeting standards. In response to these findings, Gov. Bill Lee stated, “It’s important that they do live up to them and that we continue to hold them accountable when they don’t live up to the standards.”

Posted by: Azya Thornton on Aug 28, 2024
News Type: Legal News

Tennessee's unemployment rate of 3% persisted in July, according to a recent release from the Tennessee Department of Labor and Workforce. The state has maintained this rate since May, with Sevier and Williamson counties at 2.5%. While most counties experienced a decrease in unemployment, Weakley and Houston counties faced higher rates at 6.2% and 5.5%. In the northeast region, Washington County had the lowest unemployment at 3.5%, followed by Sullivan, Hawkins and Carter. Unicoi County had the highest rate at 4.2%. The state added over 2,000 new jobs in July, primarily in construction and health care, contributing to the overall economic stability, according to the Johnson City Press.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti last October sued the U.S. Department of Health and Human Services (HHS) over millions of dollars in family planning funding the state lost after it violated federal requirements for clinics to counsel clients on all reproductive health options, including abortion. The U.S. 6th Circuit Court of Appeals now has ruled that the federal government does not have to reinstate those funds as a legal battle plays out over the state’s abortion policy. According to the Associated Press, the court stated: “Tennessee was free to voluntarily relinquish the grants for any reason, especially if it determined that the requirements would violate its state laws.” In other news from the court, last week it found that Tennessee properly denied convicted felon Erik Williams’s attempt to dismiss his gun possession indictment. According to Bloomberg Law, Williams was indicted for being a felon in possession of a firearm after Memphis police stopped him for speeding and found a loaded pistol in the trunk. He previously robbed two people at gunpoint and was convicted of attempted murder. Williams argued that the law violated his Second Amendment rights. The court found that Congress may disarm people they believe to be dangerous as long those individuals have the opportunity to show they are not actually dangerous. The court found that Williams was given that opportunity.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Legal News

Gov. Bill Lee recently announced the appointment of two Tennessee attorneys to the state Higher Education Commission (THEC). Will Perry, an attorney at Butler Snow in Memphis and a former TBA Board of Governors member, and John Rader, a Cookeville native and chief of staff for Sen. Bill Hagerty, will serve on the commission through June 30, 2029. The THEC was created in 1967 by the Tennessee General Assembly to achieve coordination and foster unity concerning higher education in Tennessee. The commission develops, implements and evaluates post-secondary education policies and programs in Tennessee while coordinating the state’s systems of higher education.

Posted by: Julia Wilburn on Aug 27, 2024
News Type: Passages

Joyce Cassandra Broffitt, former Shelby County Criminal Court judge, died Aug. 23. She graduated from Rhodes College and received her law degree from the University of Memphis Cecil. C. Humphreys School of Law. While in law school, Broffitt worked as a pretrial counselor with Shelby County pretrial services from 1983 to 1988. From 1989 to 1996, she served as the assistant district attorney for Shelby County District Attorney's Office. In 1996, she was appointed as criminal court judge for General Sessions Division Nine and served there until her retirement in 2014. She also served as the judge for the Tennessee Court of the Judiciary. Services will be held Aug. 30 at 10 a.m. CDT with public visitation beginning at 9 a.m. at Serenity Funeral Home, 1638 Sycamore View Rd., Memphis 38134. Interment will immediately follow at the Doggett Family Cemetery, TN-59 N, Mason 38049. In lieu of flowers, memorial gifts be made to St. Jude Children's Research Hospital, LeBonheur Children's Hospital, Rhodes College or Youth Villages.


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