In a memo sent to Congress on Friday, the U.S. Justice Department (DOJ) said it agrees with a lawsuit seeking to strike down grants reserved for colleges and universities where at least a quarter of undergraduates are Hispanic, the Associated Press reports. Tennessee and an anti-affirmative action group sued the U.S. Department of Education in June, asking a judge to halt the Hispanic-Serving Institution program (HSI). Tennessee argues that all of its public universities serve Hispanic students, but none meet the “arbitrary ethnic threshold” to qualify for the grants. Congress created the program in 1998 after finding Latino students were attending and graduating from college at far lower rates than white students. More than 500 schools are designated HSIs and received about $350 million in federal support last year. In the letter to Congress, Solicitor General D. John Sauer said the program provides an unconstitutional advantage based on race or ethnicity and cited the U.S. Supreme Court’s 2023 decision ending affirmative action as grounds for declining to defend the policy.

The TBA and West Tennessee Legal Services (WTLS) will present a free webcast, “Building Better Boards: Ethical Considerations and Dilemmas for Attorneys on Nonprofit Boards,” on Dec. 10 from 11:00 a.m. to 12:30 p.m. CDT. The program will cover ethical boundaries for attorneys serving on boards, questions to consider before joining and real-world conflicts of interest. Panelists include Rita Gibson Rayford from Strategic Legal Advocates, Claudia Williams Hyman with West Tennessee Legal Services, Brande Boyd from Butler Snow, Seth Ogden from Patterson Intellectual Property Law, and Harolda Bryson, an attorney for the city of Chattanooga. Registration is free and 1.5 hours of CLE credit is available for a $50 processing fee. Visit the TBA website for more information and to register. 

The American Civil Liberties Union (ACLU) of Tennessee and the state are taking time to “explore the possibility of settlement” in the ACLU’s lawsuit challenging a law that makes it a felony for public officials to vote in favor of sanctuary city policies, WPLN reports. Lawmakers passed an omnibus immigration bill this year, which among other provisions, made it a felony for local officials to support sanctuary city measures. The lawsuit, filed in June on behalf of seven Nashville Metro Council members, argues the law is unconstitutional because it fails to clearly define a sanctuary city policy and violates protections for legislators acting in their governing roles. A three-judge panel appointed earlier this month has approved a motion for an extension, giving the parties until Oct. 10 to pursue settlement discussions.

Nashville lawyer Ashley L. Upkins was sworn in as president of the National Bar Association at the group’s annual meeting in Las Vegas in August. becoming the first Tennessee woman to serve in the role. Upkins was elected president-elect in 2024 and has been preparing for her year in office. In a recent statement, Upkins called on members to join in advancing the organization’s mission of advocacy and service. She noted the NBA’s long history of protecting civil and political rights, improving economic conditions and upholding the integrity of the legal profession. “Together, we have the power to shape history, safeguard democratic ideals and leave a lasting legacy of justice and equality,” she said in a release. Upkins is serving as the 83rd president of the association, which is celebrating its 100th anniversary this year.

The Tennessee Supreme Court has ordered the Memphis Police Department (MPD) to pause the demotion of second lieutenants. MPD created this new rank two years ago. According to the Commercial Appeal, the Memphis police union challenged the move, saying it violates its agreement with the city. As of this week, 125 second lieutenants are on the police force. An arbitrator previously ordered the city to demote the lieutenants and lower courts upheld that move. The city argues that demoting the officers would create "chaos" within the department.

The TBA will host a webcast, “Tax Law 2025: Divorce & Taxes,” this Friday from noon to 1 p.m. CDT. The program will explore federal and state tax issues that can arise before, during and after divorce, offering practical insights for family law attorneys. Topics include potential tax pitfalls and strategies to better serve clients navigating divorce. For more information and to register visit the TBA website.

The Tennessee Supreme Court is soliciting comments on proposed amendments to the Rules of Appellate Procedure and the Rules of Criminal Procedure. The Advisory Commission on the Rules of Practice & Procedure recommended these changes after its June 27 meeting. Written comments should be submitted by Nov. 20 and sent by email to appellatecourtclerk@tncourts.gov or by mail to Clerk James Hivner, Re: 2026 Rules Package, 100 Supreme Court Building, 401 7th Ave. N., Nashville, TN 37219. The docket number No. ADM2025-01108 also should be included in the communication. Read the order and see the proposed changes, which would amend Rules 20B and 27 of the Rules of Appellate Procedure and Rule 41 of the Rules of Criminal Procedure.

Lawrenceburg attorney Randy Hillhouse died Aug. 23 at age 71. Hillhouse earned his law degree from the University of Knoxville in 1977. He was the owner of Randy Hillhouse, Attorney at Law and a member of the Tennessee Bar Association. Funeral services were held Aug. 25 in Lawrenceburg. Interment followed at Fall River Cemetery in Leoma. In lieu of flowers, memorial donations may be made to Bo's Blessings. Call 931-244-0590 for donation information.

The Defendant, Patrick Plunk, appeals from the order of the trial court revoking his probation. He argues that the trial court abused its discretion by failing to properly apply the two-step process required for probation revocation. In addition, the Defendant contends the record contains no reliable evidence to support revocation and no findings regarding the appropriate consequence, rendering the record insufficiently developed for appellate review. The State responds that the record contains substantial evidence supporting the revocation. After review, we affirm the trial court’s revocation of the Defendant’s probation but remand for the trial court to make findings concerning the consequence imposed for the revocation.

Petitioner, Rhonda Kay Davis, appeals the denial of her petition for post-conviction relief, arguing that the post-conviction court erred in finding that trial counsel provided effective assistance of counsel and that her plea was knowingly and voluntarily entered. Upon review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the post-conviction court.