Former federal judge J. Michael Luttig told the Senate Judiciary Committee that Congress “has the power under the Constitution” to “enact laws prescribing the ethical standards applicable to the nonjudicial conduct and activities of the Supreme Court of the United States,” CNN reports. The hearing on ethics was called by committee Chair Richard J. Durbin, D-Illinois, after recent reports that Justice Neil Gorsuch failed to disclose a real estate transaction with the chief executive of a law firm that often does business before the court and Justice Clarence Thomas had omitted luxury gifts and real estate deals from his disclosure statements for decades. Last week, U.S. Supreme Court Chief Justice John Roberts declined an invitation to appear before the committee, citing concerns about judicial independence.

Hamilton County Chief Homicide Prosecutor Michael Dowd was asked to resign Sunday by District Attorney Coty Wamp after Dowd criticized the TBI Crime Lab for its delay in returning ballistics testing results, News Channel 9 reports. Dowd’s comments were made in court during a hearing for a murder case set for trial on May 23. Dowd said the suspect was indicted in 2021 and TBI had failed to produce results for two years despite an expedition request. Dowd submitted his resignation Sunday, the Chattanooga Times Free Press reports. Wamp said a replacement would be named shortly.

This year's Dispute Resolution Forum makes its return in person, also offering a Zoom simulcast. Join colleagues for carefully crafted sessions tailored to both lawyers and mediators featuring accomplished speakers from the ADR vocation. Topics include crafting a settlement, the art of negotiation, a discussion of litigation and/vs. arbitration in court, handling pro-bono cases, and more. The forum will take place on May 19 from 9:30 a.m. to 2:30 p.m. CDT at the Nashville office of Butler Snow, 150 3rd Ave. S., Nashville 37201.

Tennessee Education Commissioner Penny Schwinn, who led the department through the COVID-19 pandemic and oversaw an overhaul of the state’s K-12 funding structure, will leave the position on June 1. Gov. Bill Lee announced that he will appoint Lizzette Gonzalez Reynolds to the post. Reynolds currently serves as vice president of policy at Florida-based ExcelinEd, which advocates for a wide range of student-centered policies, including school choice. In a release announcing the move, Lee said that Reynolds' career "reflects a deep commitment to school choice, assessment and accountability." She will take office on July 1. Deputy Commissioner of Operations Sam Pearcy will serve as interim commissioner in June. The Tennessean has more.

President Joe Biden issued a proclamation today commemorating Law Day and the importance of the rule of law in America. In the proclamation, Biden states that “respecting the rule of law also means supporting equal access to justice.” In addition, American Bar Association President Deborah Enix-Ross issued a statement calling on the legal community as well as the public to join efforts to rebuild trust in American institutions and respect for one another and be willing to collaborate to address challenges that face the nation. Law Day was established in 1958 to educate the public about important concepts such as the rule of law and equality under the law. It is celebrated every May 1 through special events, classroom presentations and pro bono clinics.

The May/June 2023 issue of the Tennessee Bar Journal is available online and will begin arriving in mailboxes later this week! This issue focuses on Access to Justice efforts across the state, including the cover story by Joy Radice that explores the relief offered by Tennessee's expungement statute, describes pro bono models that have been used statewide and highlights institutional expungement innovations. Linda Warren Seely's feature story covers how courts are addressing landlord/tenant or eviction cases in a more systemic way, and TBA's Public Service Award winners are profiled. Columnists Edward G. Phillips and Brandon Morrow take a look at the National Labor Relations Board's recent decision on severance agreements and John A. Day considers the principal tool used by the Tennessee General Assembly to enforce the prohibition of gender-affirming care — the tort system. A review of Keel Hunt's new book about Judge Gilbert Merritt and Tasha C. Blakney's final column as TBA president help round out the issue, plus we remember two pro bono giants we've said goodbye to in the last year.

U.S. senators Marsha Blackburn and Bill Hagerty are accepting applications from candidates interested in an appointment as U.S. district judge for the Western District of Tennessee or U.S. attorney for the Eastern District of Tennessee. Questionnaires and additional information are available online from both senators. Interested candidates must submit a completed questionnaire and resume to appointments@blackburn.senate.gov and appointments@hagerty.senate.gov by June 9. Questions regarding the application process may be directed to the same email addresses.

Join your colleagues for the 2023 TBA Annual Convention in Knoxville, June 14-17, offering up to eight hours of continuing legal education. This year's in-person CLE lineup will bring together an esteemed group of speakers to cover a variety of timely, essential legal issues. Hot topics include the intersection of sports and law, the impact of policing in America, produced jointly with the Tennessee Alliance of Black Lawyers, legal technology, mediation ethics, attorney well-being, labor and employment updates, and more! Learn more about these CLE programs. Need to RSVP? Register and book a room here.

Tennessee Supreme Court Justice Sharon G. Lee and her law clerk Tyler Ring review Keel Hunt's new book, A Sense of Justice: Judge Gilbert S. Merritt and His Times.

SUTTON, Chief Judge. Consumed by a toxic mixture of mental illness and drug addiction, Hunter Loos stabbed his mother to death, drove her body to a nearby trail, doused it with gasoline, and set her body on fire. He pleaded guilty to second-degree murder, and the district court imposed a 240-month sentence. Finding no error, we affirm.