This is a dependency and neglect case predicated on an allegation of severe abuse. The juvenile court adjudicated the children dependent and neglected and found that one of the children had been subject to severe child abuse at the hands of the children’s father. The father appealed to circuit court. After a de novo hearing, the circuit court found the allegations of severe abuse were not substantiated by clear and convincing evidence and declined to find the children dependent and neglected. The Department of Children’s Services, the children’s guardian ad litem, and the children’s mother appeal, arguing that the circuit court erred in concluding that the evidence of severe abuse was not clear and convincing. Based on our review of the entire record, we find there was not clear and convincing evidence to support a finding of severe abuse. Therefore, we affirm the trial court.

In this case, we consider the appropriate discipline for Tennessee attorney James Ralph Hickman, Jr. The Board of Professional Responsibility filed a petition for discipline against Hickman alleging that he violated the Rules of Professional Conduct while representing an estate in probate proceedings. A hearing panel of the Board adjudicated the petition and recommended a one-year suspension, with “at least” ninety days served as an active suspension and the rest on probation. Any violation of the conditions of probation would result in “reversion to active suspension.” The hearing panel also directed Hickman to obtain a practice monitor during the probationary period, complete fifteen additional hours of estate-management continuing legal education (“CLE”) and three additional hours of ethics CLE, and pay the costs of the matter. Neither Hickman nor the Board appealed. The Board petitioned this Court for an order enforcing the hearing panel’s judgment. Exercising our authority under Tennessee Supreme Court Rule 9, section 15.4, we determined that the punishment imposed by the hearing panel appeared too lenient and proposed to increase it. After carefully considering the entire record, “with a view to attaining uniformity of punishment throughout the State and appropriateness of punishment under the circumstances of each particular case,” Tenn. Sup. Ct. R. 9, § 15.4(b), we affirm the hearing panel’s one-year suspension but modify the judgment to impose six months of active suspension followed by six months on probation. We also clarify that the period of probation imposed should be fixed rather than indefinite and that violation of a condition of probation does not automatically result in reversion of the probationary period to active suspension. We affirm the decision of the hearing panel in all other respects.

A third former deputy in the office of the Davidson County Circuit Court Clerk is suing the city and court leaders alleging that her dismissal was related to her reluctance to support the campaign of Deputy Clerk Joseph Day in his bid to succeed longtime Clerk Richard Rooker. Christy Anna Allen filed suit against Day, Rooker, Metro Government and two other clerk’s office employees, the Nashville Post reports. She is represented by Paul Forrest Craig, a Memphis attorney who is also representing former deputy clerks Veronica Edmondson and Annecia Donigan. All three allege that court employees were expected to support and work on Day’s campaign to succeed Rooker and that they were fired for not doing so.

State Sen. Heidi Campbell, D-Nashville, is suggesting an audit of how the state used federal relief aid it received for rental assistance during the COVID-19 pandemic, the Tennessean reports. The state received $383.4 million for rental assistance. The Tennessee Housing Development Agency (THDA) in turn hired Horne LLP to process applications, determine applicant eligibility and assist landlords, but is not able to identify the amount of federal funds that it disbursed. During a meeting of the Fiscal Review Committee this week, Campbell also criticized the agency for returning funds back to the federal government while Tennessee families remained in need. "An audit might be a good idea here," she said.

Tennessee Attorney General Jonathan Skrmetti has filed a notice of appeal of the injunction issued by the U.S. District Court for the Western District of Tennessee in the case of Friends of George, Inc. v. Mulroy. The notice is the first step in appealing the decision from earlier this month. Skrmetti said that the language “harmful to minors,” which the court found to be unconstitutionally vague, has appeared in various parts of Tennessee code for 33 years. Read his full statement.

In other news from the AG's office, Skrmetti has joined with attorneys general from other states on a number of lawsuits and regulatory comments in recent weeks. These include a suit against 20 polyfluoroalkyl substance (PFAS) manufacturers for advertising and selling products with harmful chemicals, and a suit against the Biden administration’s proposed new “Circumvention of Lawful Pathways” immigration rule. Regulatory comments include support for the Federal Communications Commission’s move to apply the National Do Not Call Registry to text messages but expressing concerns about a proposed rule regarding prior express written consent under the Telephone Consumer Protection Act; opposition to proposed Environmental Protection Agency regulations that would affect sterilization of medical devices; and opposition to the president unilaterally raising the debt ceiling. Skrmetti also recently announced a settlement with Adore Me Inc. regarding deceptive advertising and billing practices.

Changes to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure, approved by the General Assembly in April, took effect July 1. The changes were originally proposed by the Tennessee Supreme Court in August 2022 based on recommendations from the Advisory Commission on the Rules of Practice & Procedure. The court originally included amendments to Rule 41 of the Rules of Criminal Procedure but after a comment period decided to send that section back to the commission for further consideration.

More than 170 laws passed this year by the Tennessee General Assembly are set to become effective tomorrow. The Tennessean looks at several, including new school security requirements, liability protections for gun manufacturers, business tax changes, restrictions on the sale of Delta-8 THC products, penalties for book publishers and distributors who send or sell obscene materials to public schools, stronger penalties for those who desecrate houses of worship, and paid family leave for state employees and teachers. Action News 5 has its own list, including new requirements tied to the state’s “Move Over” law, a 30-day requirement for death sentences to be carried out after all appeals are exhausted, and restrictions on universities using state funds for activity that “endorses or promotes a divisive concept.”

By a vote of 6-3 today, the U.S. Supreme Court ruled that the Biden administration overstepped its authority last year when it announced it would cancel up to $400 billion in student loans. Chief Justice John Roberts wrote for the court in Biden v. Nebraska, characterizing the decision as a straightforward interpretation of federal law, SCOTUSblog reports. Justice Elena Kagan dissented in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. The Hill notes that Roberts included a note at the end of the majority opinion defending the legitimacy of the court and calling attacks on its "proper role" as "disturbing." Before issuing its ruling in the case brought by Nebraska and five other states, the court ruled unanimously in Department of Education v. Brown that two individual borrowers lacked standing to challenge the plan. Responding to the ruling, President Joe Biden this afternoon announced new plans to offer loan forgiveness through the Higher Education Act, which allows the education secretary to “compromise, waive or release” students loans. A public hearing on the plan is set for July 18. Biden also announced a repayment program for borrowers who miss payments when they resume this fall, The Hill reports.

If you missed the Trial Tactics and Techniques course this past spring, catch it on replay next week. With the decline in jury trials, it has become more difficult for attorneys to obtain trial experience early in their careers. During this session, attendees will get a peek behind the curtain and learn from experienced litigators and judges who will provide trial tips and techniques. Learn how style and strategy may differ depending on the audience, how to prepare a strong opening statement and closing argument, and how to handle witnesses. Join us on July 7 from noon to 1 p.m. CDT. Register here.

Hamilton County District Attorney Coty Wamp has been appointed to investigate complaints concerning the Shelby County Clerk's office and County Clerk Wanda Halbert. A news release from the Shelby County District Attorney's office said that Wamp was appointed by Shelby County Criminal Court Judge Chris Craft at the request of District Attorney Steve Mulroy, who believed that an outside, independent prosecutor was needed because of the politically sensitive nature of the inquiry.