The TBA Litigation Section will continue its "Perspectives from the Bench" series with Tennessee Supreme Court Justices Sarah Campbell and Mary Wagner at the offices of Miller Martin in Chattanooga on June 5. Moderated by attorneys Mary Taylor Gallagher and Zac Greene, the panel will discuss each justice's path to the bench, the importance of mentors, the manner in which the justices interact, the importance of the Rule of Law in our society and more. Join your colleagues for a reception following the event. Get more information and register here.

The Memphis Bar Association (MBA) will host its annual memorial service on April 24, beginning at noon CDT, for members who have died over the past year. The in-person event will take place at Calvary Episcopal Church, 102 N. Second St., Memphis 38103. Learn more and see the list of attorneys being honored.

A news item in yesterday's TBA Today characterized the immigrant children affected by the cancellation of a legal services contract through the Department of Health and Human Services (HHS) as being confined to the Memphis area. While the three agencies mentioned in the item are based in Memphis, they serve immigrant children located across the state.

After an initial attempt in February to cancel a contract for legal services for immigrant children, the U.S. Department of Health and Human Services (HHS) has now fully canceled its contract with the Acacia Center for Justice, which provided federal funding for lawyers who represent unaccompanied immigrant children. The Daily Memphian reports that the decision will affect hundreds of children across the state who have legal representation through groups such as Latino Memphis, Advocates for Immigrant Rights (AIR) and Mid-South Immigration Advocates (MIA). “It’s an existential threat to our organization as it represents the vast majority of our budget for both our Memphis and Nashville offices,” said MIA legal director Sally Joyner. According to Joyner, last year’s federal contract was $902,346 or around 80% of MIA's budget. That money is going to have to be replaced somehow, she says, because groups still have ethical obligations to represent these children. The American Bar Association (ABA) also weighed in on the issue, saying, "Without specialized children’s programs and attorneys, many of these kids — some as young as toddlers — will be forced to navigate adversarial immigration proceedings alone. Legal services providers help ensure that children’s immigration proceedings are fair and efficient, alleviating undue burdens on judges and prosecutors, while protecting children’s due process rights." The Associated Press has more.

On Tuesday, Lee administration released its proposed budget amendment for FY 2025-2026, which includes an additional $17 million to fund the new plan for indigent representation in Tennessee. The TBA has worked closely with the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts (AOC) on securing funding for the new plan, and this issue was the top priority last week during attorneys’ meetings with legislators during TBA’s Day on the Hill.

TBA President Ed Lanquist Jr. reacted to the development saying, “The TBA applauds Gov. Bill Lee and his administration for prioritizing indigent representation by funding the AOC’s Indigent Representation Plan. I believe the AOC’s new and innovative plan will address the current shortage of attorneys willing to accept appointments to represent the indigent, by establishing more competitive and predictable attorney compensation structures. The TBA is especially grateful to Chief Justice Holly Kirby, the Tennessee Supreme Court and the Administrative Office of the Courts for their leadership and partnership in helping spotlight this critical issue, and we look forward to working with them and the Tennessee General Assembly to ensure this funding is in the final budget passed by the legislature.”

The budget process in Tennessee is a three part process: (1) in early February, the governor unveils his initial proposed budget in conjunction with the State of the State Address; (2) in late March/early April, the administration unveils a budget amendment, which compliments and makes adjustments to the initial budget; and (3) the Tennessee General Assembly works with the administration to finalize the budget, which must pass the House and Senate before they adjourn for the year. The TBA will continue working to ensure the new plan is funded. Learn more about the plan and indigent representation in Tennessee.

SUTTON, Chief Judge. Maryville Baptist Church sought, and obtained, a preliminary injunction against the Kentucky Governor’s COVID-19 restrictions on religious gatherings. As time passed and the pandemic waned, the case became moot. In view of its early success in the case under the Free Exercise Clause of the United States Constitution and 42 U.S.C. § 1983, the Church sought attorney’s fees as a “prevailing party” under 42 U.S.C. § 1988. The district court denied the motion, and the Church appealed. The U.S. Supreme Court recently answered the question. It held that a party who receives a preliminary injunction, and whose case becomes moot before the court reaches a final judgment, does not count as a prevailing party under § 1988. See Lackey v. Stinnie, 145 S. Ct. 659 (2025). Consistent with that decision, we affirm the district court’s denial of attorney’s fees.

The Petitioner, Gemeyal Strowder, was charged with aggravated robbery, aggravated assault, possession of a firearm by a convicted felon, and theft of property valued at one thousand dollars ($1000) or less. Pursuant to a plea agreement, the Petitioner entered a guilty plea to aggravated robbery, and the remaining charges were dismissed with the sentence and manner of service to be determined by the trial court. Following a hearing, the trial court imposed a sentence of eighteen years’ imprisonment. The Petitioner subsequently filed a petition for post-conviction relief, which the post-conviction court denied. In this appeal, the Petitioner argues that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court.

This is an appeal from the trial court’s entry of a permanent parenting plan involving one minor child. The trial court named the father the primary residential parent, entered a parenting plan awarding the father the majority of parenting time during the school year, and gave the father authority over the child’s education. The mother appeals. We affirm.

After this Court dismissed the appellant’s first appeal as untimely, he filed a Tennessee Rule of Civil Procedure 60.02 motion for relief in the trial court. The trial court denied the motion. We affirm.

A bill seeking to make deceased school shooters’ juvenile records public passed the state House with bipartisan support on Monday, following the deadly shooting at Antioch High School earlier this year. State law currently mandates that juvenile law enforcement and court records remain confidential. According to Knox News, the House amended SB992 — which originally required juvenile court records to be managed by one central system — to require the unsealing of court proceedings, mental health issues and interactions with the Department of Children’s Services if a minor commits a school shooting and dies. House Majority Leader William Lamberth, R-Portland, said the amendment aims to better equip policymakers to prevent similar attacks. “Once this is public, everyone will know exactly what that history was, and we all can have a conversation on how to make sure that this never happens again,” he said. The bill now will have to go back to the Senate for reconsideration.