March 10, 2025 - March 14, 2025

U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas has sent letters to 20 law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The firms included McDermott Will & Emery, which has an office in Nashville. The letter follows a March 6 executive order in which President Donald Trump ordered the EEOC to “review the practices of representative large, influential, or industry leading law firms for consistency with Title VII of the Civil Rights Act of 1964, including whether large law firms: reserve certain positions, such as summer associate spots, for individuals of preferred races; promote individuals on a discriminatory basis; permit client access on a discriminatory basis; or provide access to events, trainings, or travel on a discriminatory basis.” Read the press release from the EEOC.

A group of nine men on Tennessee’s death row have filed suit in Davidson County Chancery Court, challenging the use of pentobarbital in the state’s new lethal injection protocol. They cite the "risk of tortuous death," reports the Nashville Banner. According to the suit, one study found that of 58 individuals killed with the barbiturate, 48 were found to have fluid in their lungs, which can create "a sense of suffocating or drowning that has been likened by experts to the sensation intentionally induced by the practice of waterboarding — an unambiguous form of outright torture." The Tennessee Department of Corrections (TDOC) in December announced a new lethal injection protocol, clearing the way for the state to schedule executions after a five-year pause. The U.S. Department of Justice in January rescinded its use of pentobarbital in executions.

The Elizabethton City Council voted 6-1 to appoint Teresa Murray Smith to the vacant city judge position. Smith had previously served as a municipal judge in 2020. The Elizabethton Star reports that the judicial post was vacant under the city charter after former Judge Jason Lee Holly, who was reelected as municipal court judge in November, was unable to hold court due to a temporary suspension of his law license on Oct. 28, 2024, by the Tennessee Supreme Court. Smith will serve until the next regular city or county election, at which time voters will elect someone to fill Holly’s unexpired term.

The TBA Litigation Section will continue its "Perspectives from the Bench" series with Tennessee Supreme Court Justices Sarah Campbell and Mary Wagner at the offices of Miller & Martin in Chattanooga on June 5. Moderated by attorneys Mary Taylor Gallagher and Zac Greene, the panel will discuss each justice's path to the bench, the importance of mentors, the manner in which the justices interact, the importance of the Rule of Law in our society and more. Join your colleagues for a reception following the event. Get more information and register here.

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is expected to provide a range of benefits. For attorneys, that means getting paid on a more regular basis and having access to training and mentorship opportunities. For judges, that means not having to spend time finding attorneys to take cases. For clients, the plan is expected to lead to less delays for children needing guardian ad litem services and in adoption cases. And for the legal system, the plan is expected to increase the number of attorneys willing to accept appointments and provide new safeguards to protect against misuse of indigency determinations. The TBA applauds the collaborative efforts of the Supreme Court, the AOC and stakeholders in developing and advocating for a new plan for the future. Learn more about the plan and indigent representation in Tennessee.

The Georgia Young Lawyers Division (YLD) is coming to Nashville to connect with the TBA YLD for an exciting weekend of professional development and fun on March 28-29. The events include a CLE on the ELVIS Act on March 28 from 4-5:30 p.m. The CLE will explore legal issues surrounding name, image and likeness (NIL) rights. A networking event will follow from 6-8:30 p.m. On Saturday, there will be a kickball game at Rose Park from 12-2 p.m. All times central. More players are needed! Don't miss this fantastic opportunity to connect with young lawyers from both states while expanding your legal knowledge and having a great time. Learn more and register for the various events.

The Memphis Bar Association (MBA) YLD will hold the first event of the year with a March Madness Watch Party on March 28. The event will take place from 5:30-7:30 p.m. CDT at Flyaway Brewing Company, 598 Monroe Ave, Memphis 38103. Register here. The group is also hosting a bracket challenge. Those participating should submit their bracket before March 20.

TBA President Ed Lanquist Jr. was joined by Administrative Office of the Courts (AOC) General Counsel John Coke and Indigent Services Team Lead Attorney Joe Byrd for a conversation about the indigent representation proposal from the AOC on behalf of the Tennessee Supreme Court. The proposal includes a new structure for handling civil appointments and criminal conflicts for clients who are indigent. Under the plan, the Tennessee Supreme Court would establish an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The interview directly addresses questions posed by Tennessee attorneys, including those who currently take appointed cases. Among the topics discussed are how, if funded, the program would be implemented and the opportunity to work closely with stakeholders, including local attorneys. Learn more about the plan and indigent representation in Tennessee and watch for our ongoing coverage of this issue.

The Tennessee Alliance for Legal Services (TALS) is seeking session proposals for this year's Equal Justice University (EJU), set for Aug. 27-29 in Murfreesboro. Topics of interest include employment law, family law, health and benefits, housing and consumer, special education and juvenile justice, as well as professionalism and techology. See all topics and submit proposals online by April 18.