Question 1: If a member of a regional planning commission fails to attend the required training pursuant to Tenn. Code Ann. § 13-3-101(j)(1) or file a written statement with the commission secretary certifying such attendance pursuant to Tenn. Code Ann. § 13-3-101(j)(3), may the member be removed from the commission?

Opinion 1: Yes. A member of a regional planning commission may be removed for cause for failing to meet either of these requirements.

Question 2: If the answer to Question 1 is “yes,” what is the process for removing the member?

Opinion 2: In regional planning commissions in which the Commissioner for the Department of Economic and Community Development designates planning commission members, the Commissioner “may remove a member . . . for cause specified in writing served on the member and after hearing, of which such member shall be given not less than fifteen (15) days’ written notice.” Tenn. Code Ann. § 13-3-101(f). In regional planning commissions in which planning commission members are appointed by the county mayor, subject to confirmation by the county legislative body, the county legislative body may remove a member for cause by following the same notice and hearing process. Id. § 13-3-101(i)(5).

Question 3: If a member is removed from the commission, what is the process for filling the vacancy?

Opinion 3: A vacancy in the membership of a regional planning commission that consists of a single county is filled through appointment by the county mayor, subject to confirmation by the county legislative body. Tenn. Code Ann. § 13-3-101(i)(4). And when there is a vacancy in the membership of a regional planning commission that contains territory in more than one county or a regional planning commission that consists of a single county that participates jointly in the planning region with a municipality or municipalities lying within that county, nominations to fill the vacancy must be submitted “within thirty (30) days after [the] position is vacated” by “the chief elected officer of any county having a metropolitan form of government, the county mayor of any other county, or the chief elected officer of any municipality lying inside of the boundary of the planning region.” Id. §§ 13-3-101(b), (c)(3) & (4), (i)(7). The Commissioner of the Department of Economic and Community Development may then designate a nominee as a member of the regional planning commission. Id. §§ 13-3-101(b), (c), (i)(7).

Question 1: What are “county purposes” within the scope of Tenn. Code Ann. § 5-8-102(b), which authorizes counties to levy a motor vehicle privilege tax and to use that tax revenue for “county purposes”?

Opinion 1: “County purposes” within the scope of Tenn. Code Ann. § 5-8-102(b) are the purposes for which the county may appropriate funds as “expressly given by or necessarily implied from state law.” State ex rel. Witcher v. Bilbrey, 878 S.W.2d 567, 571 (Tenn. Ct. App. 1994).

Question 2: May the intended use of the revenue from the motor vehicle privilege tax levied by a county under Tenn. Code Ann. § 5-8-102(b) be changed, and if so, by what process may the intended use be changed?

Opinion 2: While a county may not change the stated intended use of the motor vehicle privilege tax revenue retroactively, it may change the use prospectively by following the same procedure as the procedure required for levying the tax, which is detailed in Tenn. Code Ann. § 5-8-102(c).

Question: If a person is prohibited under Tenn. Code Ann. § 39-17-1307(h)(1)(B) from carrying a firearm with the intent to go armed as a result of one or more convictions for driving under the influence of an intoxicant but the person possesses an enhanced handgun carry permit and does not have a disqualification under Tenn. Code Ann. § 39-17-1351(c)(11), may that person be charged or convicted under Tenn. Code Ann. § 39-17-1307(h)(1)(B)?

Opinion: A person who possesses an enhanced handgun carry permit does not commit an offense under Tenn. Code Ann. § 39-17-1307(h)(1)(B) when that person carries his or her handgun with the intent to go armed, assuming that the person is not disqualified from holding an enhanced handgun carry permit under Tenn. Code Ann. § 39-17-1351(c)(11).

Ricky Wilkins, Memphis attorney and longtime member of the Memphis Housing Authority, died Oct. 19 at age 58 of brain cancer. A Memphis native, Wilkins attended Howard University and Vanderbilt University Law School. He was a leader in the Memphis Bar Association and the Ben F. Jones Chapter of the National Bar Association, and president of the TBA Young Lawyers Division from 1999-2000. He was later named a TBA YLD Fellow. The Commercial Appeal has this remembrance. Funeral arrangements are pending.

The plaintiff filed this healthcare liability action against several healthcare providers following the death of her husband. We granted this interlocutory appeal in which the defendants request review of the trial court’s denial of their motion for a protective order to prohibit further inquiry into a meeting held between the defendant hospital and the decedent’s family. We affirm the trial court.

A mother appeals from the judgment holding her in criminal contempt of court, denying her motion to dissolve an ex parte no-contact order entered against her, and denying her motion to transfer the case to another county. Upon a thorough review of the record, we affirm the judgment. Due to the passage of time and the position taken by the parties and by the trial court when issuing its ruling, we remand for a new evidentiary hearing on the ex parte order suspending the mother’s contact with the children.

Knox County General Sessions Court Judge Chuck Cerny received the Leon Ruben Award for Excellence at the recent Tennessee General Sessions Judges Conference in Memphis. The award was presented by Hamilton County General Sessions Court Judge Alex McVeagh. The Leon Ruben Award for Excellence is given annually to a judge or judges who distinguishes themselves through outstanding service to the community, the conference and the judiciary as a whole. The award is named for Ruben, who was a sitting judge for 37 years in Nashville. He also served as a Metro Council Member and was known for his excellent contributions to the community. Read the full release from the court and see photos of the event.

Advocates for an independent immigration court testified before a U.S. Senate Judiciary panel on Wednesday, saying such an addition would help ease the backlog of pending cases. Immigration courts are currently an arm of the Justice Department, as governed by each presidential administration's immigration policy. The Tennessee Lookout reports that as of August, there is a backlog of more than 2.6 million pending immigration cases, according to the Transactional Records Access Clearinghouse, known as TRAC, a research center at Syracuse University. TRAC also found a 19% increase for the month of August in new immigration court cases, to 180,000 just for that month.

The Tennessee Lawyers Assistance Program (TLAP) welcomes Erin Lynch to its professional clinical team. Lynch has a master of education degree in counseling psychology from Teachers College at Columbia University New York. She also holds a bachelor of arts degree in Asian & Middle Eastern studies and political science from the university. She has completed the National Counselor Examination (NCE) and is under supervision as a licensed professional counselor in Tennessee. In addition, she has past experience as a paralegal in the realm of domestic violence.

Belmont University College of Law will host the iLead Law and Leadership Conference on Oct. 27 in Nashville. The one-day event, from Just The Beginning - A Pipeline Organization, will focus on leadership and law and provide an inspiring platform for students from diverse backgrounds to come together for a day of learning and career exploration. The conference will offer valuable insights, guidance and mentorship from accomplished professionals. Volunteers are needed in a variety of capacities. Sign up to help by Oct. 22.