The University of Memphis announced that all campuses, including the Cecil C. Humphreys School of Law, would continue modified operational status this week, including virtual classes. Law students should monitor their emails for additional details regarding plans for the remainder of the week. Check www.memphis.edu or the school's Facebook page for updates.

For the week of January 15, 2024 - January 19, 2024

The Tennessee Bar Association has submitted a comment to the Tennessee Department of Commerce & Insurance (TDCI) regarding the licensure of court reporters and the sunsetting of the Board of Court Reporting. Recently, the TDCI identified the Board of Court Reporting as a regulatory body that is no longer needed. Among other things, the TDCI noted that the board meets only twice a year and has relatively few complaints to deal with. Given that the purpose of most regulatory boards is to protect the public, in this instance the TDCI believes that the public is well protected, and there is no longer a need to have a regulatory board in place. Last week, the TBA publicized the request for public comment, and also polled section members to determine their respective opinions on the issue. While some comments agreed with the TDCI’s position that the board is unnecessary and is not needed to protect the public, the majority of comments expressed support for the continued regulation of court reporters. The TBA has thoughtfully considered TDCI’s rationale in recommending to sunset the board, but respectfully believes that the very existence of the board serves the critical function of protecting the public, which is a paramount consideration for the creation or continuation of any state board. Read the full comment.

Tennessee legislators intend to thwart future legal challenges to the state’s franchise tax by eliminating a provision in the 1935 law that faces a “pending challenge," state Revenue Commissioner David Gerregano said last week. According to the Tennessee Journal, Gerregano told Senate Finance Chair Bo Watson, R-Hixson, that tax experts in his department identified a “significant legal risk” in the way the tax is structured, which could prove “extremely costly” to Tennessee taxpayers. Companies doing business in Tennessee face paying business franchise and excise taxes of 0.25%. The franchise tax is projected to raise $1.732 billion in the current budget year.

University of Tennessee College of Law student Kevin Escalona won "The Closer," the nation’s most challenging transactional law competition, on Jan. 14. Hosted by Baylor Law School in Waco, Texas, 14 law schools are invited annually to compete. Unlike most competitions, each school can send only one student. Each competitor is given only 24 hours to digest their client’s extensive files and prepare to negotiate a deal. This year’s competition challenged the law students to negotiate an agreement between Hotel 1928 (a historic hotel renovated by Chip and Joanna Gaines of Magnolia and Fixer Upper fame), and Neighborly Inc., a Waco-based home service provider. The competitors learned that Neighborly Inc. wants to host a conference at Hotel 1928 during the April 2024 solar eclipse. The competitors negotiated use of the hotel and its restaurants and terms for employment of entertainers, insurance for outdoor liquor sales, use of trademarks and advertising. 

The Barristers, the Young Lawyer’s Division of the Knoxville Bar Association (KBA), annually hosts the Regional High School Mock Trial Competition for Competition Districts 2, 3 and 4 every year. The 2024 regional competition is slated to occur at the Knoxville City-County Building on Feb. 16 (Round 1) and Feb. 17 (Rounds 2-4). The Regional Championship (Round 5) will be held Feb. 18 in the Business Courtroom at LMU’s Duncan School of Law. Volunteers are needed to serve as bailiffs, scoring judges and presiding judges. To volunteer, fill out this form. Read the press release from the KBA.

The Shelby County register of deeds has created a free fraud alert program to monitor real property filings after several elderly residents were scammed using quitclaim deeds, WREG Memphis reports. A recent case involves an 89-year-old man, Archie Foster, whose caretaker allegedly stole more than $200k and had his house transferred to her using a quitclaim deed after becoming his power of attorney. The deed was completed and approved by a Tennessee notary. “[The notary] shouldn’t have prepared the deed,” said TBA Estate Planning & Probate Section member and Foster’s lawyer Gary Jewel. “The notary public, under Tennessee law, are not authorized to prepare the deed.” Jewel soon filed a motion maintaining Foster was unduly influenced, asking for the court to appoint a conservator. Shelby County Probate Court Judge Kathleen Gomes ultimately declared the quitclaim null and appointed Foster’s brother as his conservator. Shelby County Register of Deeds Willie Brooks said his office recorded approximately 35,000 quit claim and transfer warranty deeds last year but it's unclear how many could have been fraudulent. There was one more quitclaim-related case last year in Shelby County which resulted in criminal charges, and a case in 2022 where a Memphis couple fraudulently transferred several homes to a business they owned.

State lawmakers have so far filed more than a dozen firearm-related bills to be considered during this session, and they can continue to file legislation through the end of January, reports the Tennessean. Rep. Ryan Williams, R-Cookeville, filed HB 1202 in January 2023, which would allow school staff to carry concealed handguns on campus. It was tabled following criticism from gun-reform advocates after the Covenant School shooting in March, but could be brought for a full House vote at nearly any time. The bill still has to go through the committee process in the Senate. SB 1693, sponsored by Sen. Raumesh Akbari, D-Memphis, would create a state gun violence prevention office within the Tennessee Department of Safety, which would be tasked with collecting data on gun violence with an aim at developing prevention strategies. The proposal needs a House sponsor before it can move forward. Rep. Gino Bulso, R-Brentwood, and Sen. Joey Hensely, R-Hohenwald, have filed HB 1631, which they say would clarify existing state law that allows private schools serving kindergarten through 12th grade to adopt a handgun carry policy. HB 1667, filed by Rep. Caleb Hemmer, D-Nashville, and sponsored in the Senate by Sen. Jeff Yarbro, D-Nashville, authorizes local governments to regulate gun storage in unoccupied vehicles. The proposal would apply only to counties with a population over 98,800. House Majority Leader William Lamberth, R-Portland, and Sen. Jon Lundberg, R-Bristol, introduced HB 1640 which would block criminal defendants who are deemed mentally incompetent and unable to stand trial from legally buying or possessing a gun. The legislation would also require courts to report the incompetency findings to the FBI and Tennessee Department of Safety.

Hamilton County Criminal Court Division II Judge Amanda Dunn has drawn no opposition in her bid to seek reelection, Chattanoogan.com reports. According to the news source, the Hamilton County Election Commission voted last week to finalize the ballot for the county’s primary elections. Dunn, who is running as a Republican, will not face a primary or general election opponent.

The Tennessee General Sessions Judges Conference recently sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly in support of efforts to increase funding for indigent representation in the state. The letter states, in part, that "the current rate of pay was originally set in approximately 1997, and it has not been raised, except for the equalization of the out-of-court rate and in-court rate several years ago. Certainly, the current hourly rate of pay for court-appointed attorneys has made it very difficult for the Tennessee General Sessions Courts to find a sufficient number of attorneys able and willing to represent indigent litigants, especially indigent criminal defendants, and constitutes an ongoing problem for our state's judicial system." Read the full text of the letter. Learn more about funding for indigent representation from TBA's Government Affairs team.