The Tennessee Supreme Court has agreed to defer consideration of a petition from the Board of Professional Responsibility recommending that Daniel Graham Boyd be suspended until after a hearing on Boyd’s request for judicial diversion. That hearing is set to take place May 30. Boyd relied on Tennessee Supreme Court Rule 9, section 22.7 in making his request. The court also approved a request to file documents in the case under seal.

TBA members and guests traveled to Dublin and Belfast, Ireland, May 7 through today for an international CLE series. Seven hours of CLE topics included an introduction to the Irish legal and constitutional system, European Union (EU) law, fundamentals of civil and criminal law, as well as more specialized topics to include immigration law, human rights, international law, environmental law, brand rights and intellectual property. The program provided participants with a deeper understanding of contemporary Irish law and business practices, international law and economic relations. The group visited the Law Society of Ireland and the Bar of Ireland, as well as the Four Courts, and learned about the legal structure of the organizations while networking with key leadership and associate members. Highlights in addition to the educational programs included visits to the Dublin’s National Museum of Ireland, Christ Church Cathedral, EPIC Museum, Guinness Storehouse Experience, Trinity College and Library, Game of Thrones Studio Tour and Titanic Belfast Museum. Excursions outside of the cities included Howth and Glendalough national parks with some members visiting Western Ireland and the Cliffs of Moher. TBA President Jim Barry said, “This has been the trip of a lifetime! Excellent food, hotels and CLE! The best part is the incredible friendships that developed with our fellow TBA travelers — memories never to be forgotten.” See pictures from the trip. Interested in learning more about TBA's next CLE abroad destination? Complete this form to receive updates.

The Tennessee Supreme Court has directed the Board of Professional Responsibility to file a response in a case regarding whether the court should impose reciprocal discipline on Jason Russell Buckley. The Maine Supreme Judicial Court imposed a one-year active suspension on Buckley in September 2023. On April 8, the Tennessee court asked Buckley to file an answer as to why it should not also apply the same discipline in Tennessee. Buckley filed a response on May 6, arguing that identical discipline should not be imposed in Tennessee based on Tenn. Sup. Ct. R. 9, § 25.4. The board is to provide a response to that argument no later than June 12.

The May/June Tennessee Bar Journal, the annual Access to Justice (ATJ) focused issue, is now available online. This issue's cover story focuses on the need for fee increases for indigent representation in Tennessee courts, and highlights attorneys' testimony before two legislative committees. The TBA's Public Service Award winners are profiled, and Russell Fowler gives readers a glimpse into the pro bono-focused life of Saint Ives. Columns include John Day's digest of tort cases before the Tennessee Supreme Court and Eddy Smith's look at mortality and the relief that comes with knowing your affairs are in order. In addition, Jim Barry's final President's Perspective column looks back at a year of transitions for TBA, and The Legal Life is full of ATJ news and updates on TBA ATJ initiatives.

The American Bar Association’s (ABA) legal education arm may be moving toward endorsing lawyer licensing pathways that do not involve passing the bar exam, Reuters reports. While still in the preliminary stages, the council of the Section of Legal Education and Admissions to the Bar is slated to weigh a draft policy statement urging states to “create diverse pathways to licensure.” The group meets next on May 17.

JOHN K. BUSH, Circuit Judge. Lance Tobias ran an operation shipping and receiving drugs and cash for dealers and their customers. After he pleaded guilty to crimes involving the possession and distribution of fentanyl, the district court denied Tobias “safety-valve” relief, an offense-level reduction under 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2 afforded to defendants who make full disclosures to the government, citing Tobias’s failure to disclose any information regarding his customers. Tobias consequently qualified for a ten-year mandatory minimum under 21 U.S.C. § 841(b)(1)(B). The court imposed the mandatory minimum and a $100,000 fine without calculating Tobias’s sentencing range under the United States Sentencing Guidelines. Tobias now challenges the district court’s denial of safety-valve relief and his sentence. Because the district court’s denial of safety-valve relief was supported by the record and any sentencing error survives plain-error review, we affirm.

Gov. Bill Lee on Friday signed a $1.9 billion franchise tax cut into law, the Tennessee Journal reports. The law provides businesses with state operations $1.55 billion in refunds for the past three tax years if they paid the property tax element of the two-component tax. It also eliminates the property tax portion going forward at a projected cost of $405 million per year.

McKEAGUE, Circuit Judge. Was Diamond Transportation Logistics contractually required to cover Kroger’s costs in settling a claim for negligent selection, hiring, and retention? The district court said yes. We agree and affirm.

Davidson County General Sessions Judge Jim Todd details the challenges of the current bail system and offers ideas for reform in a recent interview with the Nashville Banner. Among the issues, he cites lack of access to criminal records outside of the county and inadequate supervision and enforcement of bond conditions. To improve the system, Todd — who has worked as both a prosecutor and defense attorney — is working on an agreement with the county sheriff to check criminal histories in the National Crime Information Center database. He and other judges also plan to ask the local government to fund new positions to handle that task. Additionally, Todd argues that Metro should adopt a bond supervision system similar to the federal courts. He and Criminal Court Judge Cynthia Chappell are working on a pilot program along those lines to increase supervision of those released on bail.

THAPAR, Circuit Judge. Storing tens of thousands of dollars in a shoebox is seldom a good idea. Dealing drugs illegally never is. Brian Dewayne Darden-Mosby did both, earning himself two federal convictions. What’s more, the government seized over a quarter million dollars from him. Mosby now wants his money back, but most of his arguments don’t cash out. We affirm in part and reverse in part.