The next legal clinic for veterans in Knoxville will take place Aug. 13 from 12-2 p.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. This is a general advice clinic sponsored by the Knoxville Bar Association, KBA Barristers, Legal Aid of East Tennessee, Lincoln Memorial University Duncan School of Law, the University of Tennessee College of Law, the Knox County Public Defender’s Community Law Office and the local Veterans Affairs office. Attorneys and law students are needed for the in-person clinic. Attorneys also may sign up to help clients by phone during the clinic hours. Sign up to volunteer here.

A federal judge has permanently blocked a portion of a Tennessee law passed last year that makes it a felony to intentionally recruit, harbor or transport a pregnant minor for an abortion without parental consent. The ruling stems from a June 2024 lawsuit filed by Rep. Aftyn Behn, D-Nashville, and a Nashville family law attorney who raised concerns over the portion of the law that criminalized anyone who “recruits” a minor for an abortion, calling the language unconstitutional and vague. The term “recruit” is not defined in state code, which opponents argue could violate the First Amendment. Senior 6th Circuit Court of Appeals Judge Julia Gibbons, sitting as a district judge by designation, appeared to agree with those concerns, stating that “Tennessee cannot criminalize ‘disseminating information about an activity that is legal in another state.’” The Tennessean has more on the story. U.S. District Court Judge Aleta Trauger in September 2024 temporarily blocked enforcement of the same recruitment provision, citing nearly identical concerns.

Carter County lawyer Carl Allen Roberts Jr. received a censure from the Tennessee Supreme Court on July 21 for violating Rules of Professional Conduct 1.3, 1.4, 1.15, 1.16, 3.2 and 8.4(dg). The court found that Roberts informed a client in writing that he would file a petition for contempt against the opposing party, but failed to respond to eight communications from the client; received a cash retainer from a client but took the cash to his home for 39 days before returning it to the firm’s trust account; and failed to appear at a scheduled mediation without notice to his client, the mediator or opposing counsel.

A Nashville judge has ordered prison officials to deactivate the defibrillator implanted in Byron Black’s heart moments before his execution on Aug. 5, the Nashville Banner reports. Black’s attorneys argued that unless the device is properly disabled before the lethal injection, it will repeatedly shock Black in an attempt to restore his heart’s normal rhythm, causing a prolonged and excruciating death. The order from Davidson County Chancellor Russell Perkins directs state officials to ensure necessary medical professionals and equipment are present at the execution to deactivate the device. It also summarizes the arguments Black’s attorneys made about the importance of timing. If deactivated too early, Black might die suddenly while a potential stay of execution is being processed. If deactivated too late, the execution could be painfully prolonged.

Managers of Impact Plastics, the plant in Erwin where six employees were swept away and died in Hurricane Helene floodwaters, are not legally responsible for those deaths, the Tennessee Bureau of Investigation (TBI) announced last week. The decision followed an investigation that, according to the bureau, found no criminal wrongdoing. No charges will be filed in the case. According to Knox News, the investigation showed Impact Plastics owner Gerald O’Connor dismissed employees in September with enough time and when there were “available paths of evacuation.” The findings mirror those of the Tennessee Occupational Safety and Health Administration, but contradict what many employees told news outlets after the floods — that managers would not allow them to leave until it was too late. The company has denied it forced employees to stay as floodwaters rose. One family has filed a wrongful death lawsuit against the company.

U.S. Homeland Security Secretary Kristi Noem advised Nashville residents who are in the country illegally to self-deport during a visit to Nashville International Airport last week. The government is providing a $1,000 stipend and the chance to reenter the country legally for those who take advantage of the offer. Noem was in town to unveil a new express security lane for military members and their families, The Tennessean reports. She also used the visit to reiterate the administration's position that the Nashville government "really put ... lives at risk" when it released the names of several agents involved in local detention actions. ICE has confirmed the arrest of 544 migrants in the region since May 2. Just before Noem's remarks, airport security escorted Rep. Justin Jones, D-Nashville, from the event. He said he was there to get answers for constituents who have been arrested by ICE, according to the paper. Noem also visited the Nashville ICE office and made comments there, the Nashville Post reports.

Madison County General Session Judge Hugh Harvey Jr. was surrounded by friends and family Thursday to celebrate his retirement. Harvey has worked in the county court system since 1998. At the event, he reflected on what brought him into the law world and how he will enjoy this new chapter of life, WBBJTV reports. A portrait that will hang in his former courtroom also was unveiled. “It was nice to see some people I hadn’t seen in a while, Harvey said. We didn’t get a chance to talk about a bunch of war stories cause all of us can do that all afternoon,” he joked. See photos from the event.

Don’t miss the July 25 TBA Elder Law Forum — the premier event for Tennessee elder law practitioners. This must-attend seminar is your chance to catch up with colleagues, learn important developments and earn necessary CLE. On the agenda are undue influence, Medicaid/TennCare, annuities, law firm management, VA Benefits, ethics and more. Breakfast and lunch are included, and Elder Law Section members receive a discounted rate to attend. Learn more and register here.

The U.S. Department of Justice this fall will provide The National Institute on the Prosecution of Elder Abuse, a three-and-a-half-day course for prosecutors regarding their approach to prosecuting elder abuse cases. Participants will receive training on the dynamics of elder abuse, practical skills to successfully prosecute these cases and how to balance offender accountability with the impact of on victims. The event is open to prosecutors only, with preference given to agencies participating in the Office on Violence Against Women Training and Services to End Abuse in Later Life Program (OVW). There is no fee for the institute, and limited scholarships for travel and lodging are available for prosecutors from communities not currently receiving an OVW grant. The application deadline is Oct. 21. If you need assistance completing the application form, contact Ann Laatsch at alaatsch@ncall.us.

A growing senior population has led to the increased need for residential and other care options for older adults. In fact, the U.S. Administration for Community Living estimates someone turning 65 today has about a 70% chance of needing future long-term care, with about 20% of these individuals needing care for five years or longer. Choosing the right facility and care option can be a daunting task for the uninitiated. U.S. News & World Report recently published a helpful guide about the different types of long-term care facilities and how they can help your client and their families.