"Valley So Low: One Lawyer's Fight for Justice in the Wake of America's Great Coal Catastrophe," published last year and written by Franklin author Jared Sullivan, was named one of 2024's "Best Books" by The New Yorker. The book follows Roane County attorney Jim Scott's representation of dozens of workers who were sickened after working on the cleanup site of the Tennessee Valley Authority (TVA) coal ash spill in December 2002. The lawsuit was eventually settled in 2023. Williamson Source reports on the book and the honor.

In a report released last week, the Office of Congressional Ethics (OCE) recommended that the House Ethics Committee open a full-scale investigation into U.S. Rep. Andy Ogles over discrepancies in his campaign finance disclosures. According to Axios Nashville, the report concludes there is "substantial reason to believe that Rep. Ogles omitted or misrepresented required information" on his financial disclosures and found there is "substantial reason to believe that Rep. Ogles's campaign committee may have accepted excessive contributions that were reported as personal loans and contributions from the candidate."

The TBA Young Lawyers Division has announced the opening of the 2025-2026 leadership appointment and election filing process. For positions subject to election, nominating positions should be filed with YLD Secretary Ross Smith no later than Feb. 15. Available positions include district representatives in odd-numbered districts (1, 3, 5, 7, 9, 11 and 13). Check the YLD Election Guidelines webpage for additional openings and to download a nominating petition. Elections for any contested races will take place between March 1 and April 1 by electronic voting. Those interested in an appointed position on the division's board should review available positions and complete the online application by Feb. 28.  Learn more about the YLD and its mission and its various programs.

On Monday, Carter County lawyer Jason Lee Holly received a public censure from the Tennessee Supreme Court. Holly represented one client in a custody case, another client in a breach of contract case and a third client in a criminal case. In all three cases, the court found that he failed to take proper action on behalf of his clients, failed to communicate with his clients and failed to make reasonable efforts to expedite litigation. The court also found that Holly failed to respond to requests for information from disciplinary counsel and did not refund fees to any of his three clients. Holly was temporarily suspended from the practice of law on Oct. 27, 2024, for failing to respond to three disciplinary complaints. He was required to notify all clients of the suspension no later than 10 days after the order, which he failed to do. Holly has violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, 1.15, 3.2, 3.4, 8.1 and 8.4. Additionally, as a condition of the censure, Holly must refund a total of $5,500 in attorney’s fees within 60 days.

Shelby County lawyer Myra Ann Hamilton on Monday received a public censure from the Tennessee Supreme Court. Hamilton represented a client in a discrimination matter, during which she filed pleadings containing non-meritorious claims and disclosed confidential client information in support of her request to withdraw. Hamilton entered a conditional guilty plea acknowledging her conduct violated Rules of Professional Conduct 1.6 and 3.1.

The Nashville Hispanic Bar Association (NHBA) recently announced its 2025 board of directors. They are: President Ginette Garza Brown, Tennessee State University; Vice President Lody Powers, Davidson County District Attorney's Office; Secretary Lindsay Oakes, TennCare; and Treasurer L. Maverick Flowers, Polsinelli Law Firm. The NHBA began in 2019 as a networking association for Hispanic attorneys, legal professionals and allies. Read more in a press release from the organization. For more information about the group contact hispanicattorneystn@gmail.com and follow its activities on Instagram @HispanicAttorneys.

The Department of Homeland Security (DHS) announced a final rule on Dec. 10, 2024, that will permanently increase the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization. This announcement responds to feedback from the business community to create more certainty for employers by reducing the likelihood that lapses in employment authorization for eligible noncitizens will occur. The final rule will become effective on Jan. 13, and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022. Further details are available in the press release.

The Defendant, Joseph Ray Daniels, confessed to the beating death of his five-year- old son, Joseph Clyde Daniels III, and was convicted by a jury of second-degree murder, first-degree felony murder, aggravated child abuse, making a false police report, and tampering with evidence. He subsequently received an effective sentence of life imprisonment.1 In this appeal, the Defendant argues the trial court erred in denying his motion to suppress his confession (1) because the State failed to corroborate his extrajudicial confession under the modified trustworthiness standard outlined in State v. Bishop, 431 S.W.3d 22 (Tenn. 2014), and (2) because his post-polygraph video recorded statement was obtained by law enforcement through coercive interrogation techniques including an express promise of leniency. The Defendant also argues the trial court abused its discretion in failing to exclude as hearsay utterances by the victim’s three-year-old brother, “Joe dead, Joe dead, Joe dead,” and the response of his aunt, “Yes baby, Joe dead;” and in failing to exclude as not relevant and unfairly prejudicial Facebook messages his wife exchanged with a paramour leading up to the victim’s death. We affirm.

Happy New Year! The January/February 2025 issue of the Tennessee Bar Journal is now available online, and the print version is arriving in mailboxes this week. This issue's cover story from Amye Tankersley King and Jake Arning breaks down post-conviction relief and the ins and outs of the process. Donald Caparella and Jacob Vanzin break down the Tennessee Supreme Court's clarification of waiving issues in appellate court, while Edward Phillips and Brandon Morrow caution in their "The Law at Work" column that just because an employee signs an agreement with an arbitration provision does not mean that claims are subject to the provision. In this issue's "Family Matters" column, Marlene Moses and Ansley Tillett assert that equitable does not mean equal when it comes to the division of marital estates in Tennessee. TBA President Ed Lanquist Jr. draws a parallel between the relationship of lawyers and whiskey. And we introduce our new "Closing Statements" section!

December 27, 2024 - January 3, 2025.