A federal judge has denied a request from criminal justice reform groups to block a law that requires public safety to be the primary consideration when setting bail, Action News 5 reports. Just City Memphis, the ACLU and other legal advocates filed a lawsuit in July challenging the constitutionality of Tennessee’s new bail law, sponsored by Sen. Brent Taylor, R-Memphis. The law, which took effect in May, prohibits judges or judicial commissioners from considering a suspect’s "ability to pay" when setting bail. Just City argues the law violates the Constitution and a local agreement the group reached with Shelby County to reform the bail system. In November, a federal judge denied Just City’s request for a preliminary injunction.

Memphis attorney Ronald Maury Harkavy died Dec. 6 at age 90. Other than attending Vanderbilt University for his undergraduate and law school degrees, Harkavy spent his entire life and career in Memphis. He was involved in various professional and community organizations, including serving on the board of directors of the Memphis Bar Association and a hearing committee for the state disciplinary board. He also served in leadership roles with a variety of community organizations including Anshei Sphard Beth El Emeth Synagogue, the Memphis Jewish Community Center, the Memphis Jewish Federation and the Jewish Foundation of Memphis, which he founded. In his law practice, Harkavy focused on business and financing transactions, real estate, land use planning and zoning matters. A funeral was held Dec. 8 at Anshei Sphard. Donations may be made to the Memphis Jewish Federation or a charity of the donor's choice.

TBA hosted its inaugural Conference on Artificial Intelligence (AI) and the Law (TCAIL) Friday at the Tennessee Bankers Association Training Center in Nashville. The daylong program covered topics from AI in ethics, to the judiciary, to access to justice. AI Task Force chair A.J. Bahou kicked things off with an introduction to using AI in the practice of law, complete with real-time AI demonstrations. Bill Ramsey of Neal & Harwell, Clinton Sanko of Baker Donelson, Kyle Turner of Vanderbilt Law School, and David Wood of Prudent Jurist focused their panel discussion on practical changes that AI will bring to the practice of law. Their topics included how various technologies will enable lawyers to engage differently with technology to support client needs, how AI will transform legal research, and how tools are changing in document review and discovery. The second panel focused on AI in the courtroom and featured Tennessee Supreme Court Justice Sarah Campbell, Court of Criminal Appeals Judge Tom Greenholtz, Circuit Judge Jimmy Turner and former judge Penny White now with the University of Tennessee (UT) College of Law. Up next, UT Law professors Ben Barton and Eliza Boles discussed AI's ramifications in the access to justice sphere, while Brian Faughnan focused his session on current and likely future ethical implications for attorneys. The day wrapped up with a session on digital evidence and AI use in public safety with Matthew Drewes, an enterprise business solutions architect for the state, and Richard Littlehale with the Tennessee Bureau of Investigation. See photos from the event.

TBA Young Lawyers Division’s Rookie Series is back this week with a new installment. Join colleagues on Dec. 13 for Personal Injury Law Part 2. The live one-hour webcast will start at noon CST and provide insights into handling more difficult personal injury cases. Topics include complex liability scenarios, strategies for catastrophic injury claims, and advanced litigation techniques such as motions in limine, effective deposition strategies and expert witness challenges. The program will wrap up with a session on navigating difficult negotiations while maintaining professional integrity. Those who missed Personal Injury Law Part 1 can catch up here.

The TBA Young Lawyers Division has announced the opening of the 2025-2026 leadership appointment and election filing process. Those interested in an appointed position on the division's board should review available positions and complete the online application by Feb. 28, 2025. For positions subject to election, nominating positions should be filed with YLD Secretary Ross Smith no later than Feb. 15, 2025. Positions available include officers and district representatives in odd-numbered districts (1, 3, 5, 7, 9, 11 and 13). Check the website for additional openings. For more information or to download a nominating petition visit the YLD Election Guidelines webpage. Elections for any contested races will take place between March 1 and April 1, 2025, by electronic voting. The YLD is committed to being the "service arm of the bar" by providing pro bono clinics throughout the state, sponsoring the Tennessee State High School Mock Trial Competition and the Diversity Leadership Institute program for law students. It is also dedicated to serving the professional needs of young lawyers through the development of CLEs and special initiatives, and providing networking opportunities. The TBA YLD is comprised of lawyers in their first 10 years of practice or under 36 years of age, whichever occurs later. 

Being a lawyer is demanding and it is easy for young attorneys to get caught up in the hustle. Prioritizing wellness is essential for long-term success and to help mitigate burnout. Think of your career as a marathon, not a sprint. Pacing yourself and taking care of your physical and mental health will help you perform at your best.

Young attorneys may find it beneficial to join a gym, a local running club or some other wellness routine. TBA YLD Health and Wellness Coordinator Patrick Morrison ran the St. Jude Marathon in Memphis on Dec. 7. This was his first marathon! Training for and running a marathon and being a young attorney are similar — both share a need for endurance, mental toughness and pacing. Both require long-term commitment, resilience in the face of challenges and the support of a strong network. Just like a marathon, a successful legal career demands a balanced approach to work and personal life. Find activities that you enjoy and that help you relax, recharge and disconnect from work. Whether it is running a marathon, taking a yoga class, spending time with loved ones, or simply spending time in nature, make time for things outside of the office that bring you joy. See a photo of Morrison at the marathon.

The Tennessee Legal Diversity Coalition connects legal employers and candidates with a demonstrated commitment to diversity, equity, inclusion and belonging (DEIB) principles with meaningful opportunities in the Tennessee legal market, including supporting student summer programming. Check out current opportunities.

MURPHY, Circuit Judge. After the Environmental Protection Agency (EPA) changed its air-quality standard for ozone under the Clean Air Act, the States needed to amend their state plans to implement the new standard. To help the States with their plan revisions, the EPA issued two guidance memoranda. It told the States that they could use specific modeling to identify their emissions that cross state lines. And it told them that they presumptively need not worry about any interstate emissions that fall below a specific minimum threshold. This guidance led Kentucky to propose a plan that did not reduce its emissions further. But the EPA sat on Kentucky’s proposed plan for some two years—well past the Clean Air Act’s deadline for the agency to act. It then belatedly disapproved the plan. To Kentucky’s surprise, this disapproval rested on different modeling that came out after the EPA’s deadline and on a lower threshold than the one the EPA told Kentucky it could use. Kentucky petitioned our court to vacate the EPA’s disapproval. In response, the EPA sought to transfer Kentucky’s challenge to the D.C. Circuit because the EPA had disapproved Kentucky’s plan in a rule that also rejected 20 other state plans.

This appeal concerns custody and child support determinations regarding a minor child. Because the trial court failed to identify and employ the applicable legal standard, we vacate the judgment as to the limitation of Father’s parenting time, the imposition of supervised parenting time, and the suspension of Father’s parental rights. Additionally, we vacate the award of attorney’s fees to Mother because the trial court failed to determine their reasonableness. The judgment is otherwise affirmed as to the remaining issues and the case is remanded for further proceedings.

A county regional planning commission denied the petitioner’s application to place a quarry in an agricultural zone. The zoning laws included certain requirements for quarrying. None of the zones, however, permitted quarrying, and all the zones prohibited any unpermitted uses. The petitioner sought a writ of certiorari. The trial court granted summary judgment to the county respondents, concluding that the planning commission did not act illegally, capriciously, fraudulently, or without material evidence. Because the zoning laws for the agricultural zone did not permit quarrying and explicitly prohibited unpermitted uses, we affirm the grant of summary judgment.