Defendant, Taylor Brent Farley, pleaded guilty to one count of attempted delivery of fentanyl, a Class C felony. Defendant sought judicial diversion, but the trial court denied diversion and imposed a six-year sentence on Community Corrections. On appeal, Defendant contends the trial court erred by denying judicial diversion. We affirm the judgment of the trial court.

U.S. law firm Davis Polk & Wardwell rescinded job offers today to law students who signed on to public statements condemning Israel in the wake of Hamas’ deadly attacks, Reuters reports. The announcement follows a similar move by law firm Winston & Strawn last week. Davis Polk's managing partner, Neil Barr, told firm members today that it had revoked job offers to three law students in leadership positions in Harvard and Columbia university groups that issued statements regarding to the latest wave of violence in the Middle East, according to an internal email obtained by Reuters. “These statements are simply contrary to our firm’s values,” wrote Barr, “and we thus concluded that rescinding these offers was appropriate in upholding our responsibility to provide a safe and inclusive work environment for all Davis Polk employees.” Barr’s email said the firm is remaining “in dialogue” with two of the students to consider any additional information they may offer.

A federal judicial rules-making panel agreed today to examine whether to curtail "judge shopping" by state attorneys general and activists who file lawsuits challenging government policies in courthouses where a single, sympathetic judge hears most cases, reports Reuters. At a meeting in Washington, D.C., members of the U.S. Judicial Conference's Advisory Committee on Civil Rules grappled with whether it could or should craft nationwide rules to ensure such cases are randomly assigned a judge. U.S. District Judge Robin Rosenberg, the panel's chair, said it was a "highly important" issue that the committee needed to at least study given that "people outside the judiciary are watching to see what, if anything, we do."

S. Brad Dozier, an attorney licensed to practice law in Tennessee, received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Dozier represented a client in probating an estate, and in the reopening of a recently concluded probate proceeding. Dozier delayed in taking proper action in both matters and failed to respond to his client’s communications. In the probate proceeding where Dozier filed a petition to reopen the estate, he additionally failed to seek leave of court to withdraw after being discharged by his client. By these acts, Dozier has violated Rules of Professional Conduct 1.3 (diligence), 1.4 (communication) and 1.16(a) (duties following discharge).

Don Anthony Handley, an attorney licensed to practice law in Tennessee, received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Handley settled a personal injury case in January 2019. Handley’s support staff assigned to the file inadvertently failed to deposit the settlement check received from the insurance carrier for the at-fault driver, and the error was not identified until July 2022. The error later resulted in an overdraft on Handley’s trust account. Handley’s failure to identify the error evidences a breach of his obligation to create and maintain appropriate trust account management protocols, as well as his duty to appropriately train and supervise his staff. By these acts, Handley has violated Rules of Professional Conduct 1.15 (safekeeping client funds and property) and 5.1 (managerial and supervisory responsibilities).

Christopher P. Westmoreland, an attorney licensed to practice law in Tennessee, received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Westmoreland was hired to probate two estates for the mother and father of his client. Westmoreland agreed to represent the client on both matters for a 7% contingency fee of the value of the assets in the estates, but his fee was not agreed to in a writing signed by his client. Respondent’s fee was otherwise reasonable and earned in the matters. By these acts, Westmoreland has violated Rule of Professional Conduct 1.5 (fees).

Matthew Hollingshead-Cook, an attorney licensed to practice law in Tennessee, received a public censure today from the Board of Professional Responsibility of the Tennessee Supreme Court. Hollingshead-Cook received settlement funds from a client and deposited them into his trust account. He then took a break from practicing law and did not give the client her settlement funds for more than three years. The funds remained in trust during the interim. In another client matter, Hollingshead-Cook deposited client funds into his trust account which were a distribution from an estate but did not remit the funds to his client for almost two years. By these acts, Matthew Hollingshead-Cook, has violated Rules of Professional Conduct 1.15 (safekeeping funds), 1.3 (diligence), 1.4 (communication), and 1.16 (termination of representation).

District 4 Commissioner Kyle Ward, who represents over 50,000 residents from Knox County, has missed at least eight committee meetings since the county commission met Sept. 1 to select a new chair and committee assignments, reports KnoxNews. Ward’s absences began shortly after the county ethics committee considered whether to investigate a claim Ward violated a county ethics code. Ward also missed the Oct. 16 presentation about options for a new contract for ambulance service after KnoxNews reported county residents have waited an hour or more for EMTs to respond to a medical emergency. Ward was elected in 2020 and is not seeking reelection.

The Tennessee Supreme Court and its Access to Justice Commission held a pro bono recognition event last week at Belmont University College of Law. It was the first in-person recognition event since the pandemic, and honored lawyers for their pro bono work in 2020, 2021 and 2022. The Pro Bono Recognition Program honors lawyers and law students who provide at least 50 hours of pro bono service during the year as an "Attorney for Justice" or "Law Student for Justice." In 2021, the court also added the category "Mediator for Justice" to increase the number of mediators providing pro bono services. At this year's event, Tennessee Supreme Court Chief Justice Holly Kirby and Justices Jeffrey Bivins and Sarah Campbell were on hand to thank lawyers for their contributions. Belmont College of Law Dean Alberto Gonzales welcomed honorees to the law school, Tennessee Access to Justice Commission Chair and TBA Board member John Farringer congratulated honorees, and Texas Supreme Court Chief Justice Nathan L. Hecht gave keynote remarks. See photos from the event.

Longtime Chattanooga lawyer and former TBA President Thomas Maxfield "Max" Bahner died this past Friday at the age of 89, the Chattanooga Times Free Press reports. Bahner earned his law degree from the University of Virginia School of Law in 1960 and practiced for decades at Chambliss, Bahner & Stophel. Bahner focused his practice primarily in the area of complex litigation. He also was an American Arbitration Association (AAA) arbitrator and a Rule 31 certified mediator. He was serving as an emeritus member of the firm at the time of his death. Bahner served as TBA president from 1980-1981. He also served as president of the Chattanooga Bar Association, and for nearly 17 years as a member of the American Bar Association (ABA) House of Delegates, leading the Tennessee delegation for nine years. Service to the Tennessee judiciary included chairing the Tennessee Supreme Court's Advisory Commission on the Rules of Civil Procedure for seven years, during which time the commission wrote the Tennessee Rules of Evidence, and chairing the task force that reviewed and recommended changes to the Tennessee Rules of Judicial Conduct. Funeral services are pending. TBA President Jim Barry called Bahner's passing "a sad day for Tennessee and our profession." Read comments about Bahner's life and legacy from past TBA presidents or this profile of Bahner from 2017.