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Posted by: Julia Wilburn on May 6, 2025

Gov. Bill Lee has issued the first veto of his six-year administration, on SB455/HB527, which would have given the state parole board more discretion to deny parole to state prisoners. The Tennessean reports that in a letter notifying the Senate and House speakers of his veto decision, Lee stated that the bill would be "a step backwards from safer Tennessee communities" after implementation of the 2021 Reentry Success Act, which had received bipartisan support in the legislature: "Two years later, Tennessee achieved the lowest recidivism rate in state history, meaning fewer crimes and fewer victims. And I am confident that the Board of Parole and other safeguards ensure parole is awarded appropriately." Lawmakers could call themselves back into session to override the veto or move to do so at the beginning of the 2026 legislative session. The Tennessee District Attorneys General Conference released a statement expressing disappointment in the veto, saying, "To ignore the gravity and specific facts of an offender’s crime when determining early release eligibility is not only irresponsible, it is dangerous. It disregards the suffering of victims, erodes trust in the criminal justice system, and places our communities at greater risk."

Posted by: Julia Wilburn on May 6, 2025

Knox County District Attorney (DA) Charme Allen last week fired Berkley Mason, an assistant prosecutor, after Knox News asked questions about a now-deleted social media account that allegedly contained racist and sexist messages. In a statement about the firing Allen said: "It is imperative that prosecutors in my office be moral, ethical, fair-minded persons who are able to apply the laws of our state justly to each set of facts presented on a case-by-case basis ... [The account's content] undermines my confidence in [Mason's] ability to uphold his oath as a prosecutor to 'administer justice without respect of person and impartially discharge all of the duties incumbent upon (a prosecutor).'" She also announced a review of the cases handled by Mason and "appropriate corrective action if necessary." According to the paper, as of May 2, 28% of the 111 pending cases Mason had been assigned included a minority defendant. It says it based its calculation on a review of booking photos in JIMS, the court’s online database.

Posted by: Mindy Thomas on May 6, 2025

TBA members should have received printed membership renewal statements by now, but for those who would prefer to renew online, the web-based portal remains open. Be sure to log into your TBA account and go to the MyTBA dashboard to get started. TBA members enjoy free legal research from vLex Fastcasesavings on a range of products and services, three free hours of CLE credit and access to hundreds of practice management tools through the Law Firm in a Box. Section members enjoy additional savings on CLEs, newsletters relevant to their practice areas and opportunities for leadership and networking. Renew today!

Posted by: Laura Labenberg on May 6, 2025

Gov. Bill Lee has appointed Knoxville attorney Samantha Ellis to the Tennessee Board of Appeals. This board plays a vital role in resolving employment disputes by hearing appeals related to demotions, suspensions and dismissals of preferred service state employees. As a board member, Ellis will participate in hearings and render decisions on employee appeals, contributing to the fair application of state employment policies and laws. The appointment recognizes Ellis' expertise and dedication to serving her fellow citizens of Tennessee. Ellis is a senior associate attorney at Ritchie, Johnson & Stovall PC and serves on the TBA Young Lawyers Division's Board. She is presently the YLD CLE chair for East Tennessee and will become a member of the YLD Executive Committee in July when she becomes East Tennessee Governor.

Posted by: Julia Wilburn on May 6, 2025

Several local bar associations across the state celebrated Law Day last week. The Maury County Bar Association, which held its first Law Day event since 2018, presented General Sessions Court Judge Bobby Sands with the Liberty Bell Award, recognized Agothos Christian School's participation in the Tennessee State Mock Trial Competition and swore in new Assistant District Attorney Jenni Smith. In East Tennessee, the Knoxville Bar Association's (KBA) celebration included remarks from former state Sen. Lamar Alexander and award of the 2025 Law & Liberty Award to Samantha Monday, substance abuse case manager for the Knox County Sheriff's Office. The KBA Barristers Mock Trial co-chairs also recognized Sevier County High School's mock trial team as the district winner from the February competition. The Nashville Bar Association heard from Judge Curtis Collier as the featured speaker and presented two Liberty Bell awards to the Metro Davidson County Office of Conservatorship Management and Brentwood attorney John Day. Finally, Memphis Bar Association President Lauren Stimac spoke during a naturalization ceremony held by the U.S. District Court for the Western District of Tennessee to welcome new citizens. The Chattanooga Bar Association's event is planned for May 14.

Posted by: Azya Thornton on May 6, 2025

The TBA YLD will host its second Exploration CLE at Fall Creek Falls State Park in Spencer on May 30. Attendees will earn three hours of CLE credit while enjoying the natural beauty of one of Tennessee’s state parks. The program includes a ranger-led hike and lunch, offering a unique opportunity to blend professional development with outdoor exploration. Registration begins at 9 a.m. CDT with sessions running from 9:30 a.m. to 2 p.m. For more information and to register, visit the TBA website.

Posted by: Julia Wilburn on May 6, 2025

Five Nashville-area nonprofits behind the Eviction Right to Counsel (ERTC) program jointly announced this week that they have secured a $2.4 million allocation in Nashville Mayor Freddie O’Connell’s Fiscal Year 2026 budget recommendation. ERTC is aimed at providing outreach, education and legal aid to qualifying low-income renters facing eviction — the first program of its kind in Middle Tennessee to do so. ERTC is a partnership among nonprofits Legal Aid Society, Nashville Hispanic Bar Association, American Muslim Advisory Council, Rooftop Nashville and Nashville Conflict Resolution Center. The groups recently announced that the program has generated a total financial return of $5.10 for every dollar invested since its launch in July 2022. All low-income Davidson County residents are eligible for the program’s services. Anyone facing eviction who meets eligibility requirements will be provided legal assistance as resources permit. Read more a joint press release from the groups.

Posted by: Julia Wilburn on May 6, 2025

The director of the Administrative Office of the U.S. Courts and the chair of the judiciary’s budget committee recently wrote a letter to leaders of the U.S. House of Representatives' Appropriations Committee to express “significant concerns” about the judiciary’s ability to keep courthouses safe under current resource levels, reports Bloomberg News. The letter notes that the judiciary’s court security budget has been flat for two consecutive fiscal years and that another year at the same level will cause “further reductions to courthouse security” — including to equipment used to restrict certain areas and screen individuals entering courthouses — at a time when threats against federal judges and courthouses are escalating. A report from Reuters found that the families of at least 11 federal judges also have faced threats of violence or harassment. The Trump administration’s choice to lead the U.S. Marshals said in his confirmation hearing that judicial security is his top priority and pledged to seek more resources to protect judges, if needed.

Posted by: Stacey Shrader Joslin on May 6, 2025

Make plans now to join the TBA for a CLE like no other! The Murder Mystery CLE, set for May 16, is a unique opportunity that will allow participants to step into the roaring 1920s and unravel the mystery of J.W. Hanks’ untimely demise. Was Hanks’ killer his employee, his doctor, his wife, his mistress, his best friend or someone else he trusted? Using Tennessee’s latest criminal laws to uncover crucial clues, teams will spend the afternoon immersed in this unforgettable blend of education and entertainment with guidance from Lincoln Memorial University Duncan School of Law professors Sydney Beckman and Melanie Reid. The event, which includes lunch, will take place from noon to 4 p.m. CDT at the Nashville Public Library. Members of the Criminal Justice Section save on registration. Not a section member yet? Join here.

Posted by: Azya Thornton on May 5, 2025

This case involves a disputed easement. Appellant filed a complaint for declaratory judgment asking the trial court to conclude that Appellee did not possess an easement over Appellant’s property. On cross motions for summary judgment, the trial court concluded that: (1) Appellee had an express easement appurtenant over Appellant’s property; and (2) an increase in traffic due to the normal development of Appellee’s property did not overburden the easement. Discerning no error, we affirm.


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