TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jul 25, 2022
News Type: Legal News

Tennessee is abandoning plans for a major change to TennCare pharmacy benefits after federal health officials raised concerns, News Channel 9 reports. The state last year received approval from former President Donald Trump’s administration for an overhaul that included the change. Officials argued the change would produce flexibility and savings that would then fuel additional health coverage offerings. But advocacy groups expressed concerns the change would hamper access to medications. Last week, the Centers for Medicare & Medicaid Services directed the state to end the pharmacy program.

Posted by: Stacey Shrader Joslin on Jul 25, 2022
News Type: Legal News

The federal courthouse building located at 167 N. Main St. in Memphis was renamed for the late U.S. District Judge Odell Horton in a ceremony this week. The renaming, approved by the U.S. Congress last year, removes the name of Congressman Clifford Davis, who was known as a segregationist and Ku Klux Klan member. Horton was the first Black federal judge and the first Black assistant U.S. attorney in western Tennessee. U.S. Rep. Steve Cohen, D-Memphis, sponsored the legislation to remove the Davis name. The Commercial Appeal has more on the story.

Posted by: Stacey Shrader Joslin on Jul 25, 2022
News Type: Legal News

Davidson County Criminal Court Judge Mark Fishburn received the Jack Norman Sr. Award at the annual Nashville Bar Association Law Day Luncheon. He is just the fourth judge to receive the award, which recognizes service in the field of criminal law and justice. Fishburn announced in February that he would retire at the end of this term after nearly 25 years on the bench. In April he spoke about his post-retirement plans. The Administrative Office of the Courts has more on the award and his career.

Posted by: Stacey Shrader Joslin on Jul 25, 2022
News Type: Your Career

The Law Office of William H. Poland in Clarksville is seeking a Spanish-speaking associate attorney to compliment a family firm that has been in practice since 1976. The ideal candidate would be a recent law school graduate who has passed the Tennessee Bar Exam or is scheduled for testing. Job duties would include court-appointed and private cases related to criminal, divorce, property disputes and juvenile matters. See the full job listing and application instructions on the TBA’s JobLink platform.

Posted by: Stacey Shrader Joslin on Jul 25, 2022
News Type: TBA CLE

One consistent change over the past several years is that lawyers’ ethical duties are getting broader. Who would have thought that something like auto-correct might lead to an ethics violation? The “CLE Performer” Stuart Teicher is back with a virtual session on ethical duties. Among other topics, Teicher will address issues with technology and competence and the emerging duty to look into the potential misdeeds of employers and/or clients. The three-hour program will air Aug. 23 from noon to 3 p.m. CDT.

Posted by: Stacey Shrader Joslin on Jul 22, 2022
News Type: BPR Actions

Dyer County lawyer Charles Samuel Kelly Jr. was suspended from the practice of law today. Kelly was tried and convicted in the Criminal Circuit Court for Dyer County for felony theft, criminal conspiracy to commit theft, extortion and criminal conspiracy to commit extortion. The Tennessee Supreme Court also referred the matter to the Board of Professional Responsibility for a determination of final discipline.

Posted by: Stacey Shrader Joslin on Jul 22, 2022
News Type: BPR Actions

Former Roane County lawyer Kent Lowery Booher was convicted in April 2021 of criminal conduct constituting a serious crime: two counts of coercion and enticement and one count of sex trafficking of children by force, fraud or coercion; sexual exploitation of children; and penalties for registered sex offenders. Because Booher was disbarred in January 2015 (based on a conviction for statutory rape), the Tennessee Supreme Court found that immediate suspension was not necessary. It referred the case to the Board of Professional Responsibility for a determination of final discipline.

Posted by: Stacey Shrader Joslin on Jul 22, 2022
News Type: Legal News

Gov. Bill Lee has appointed Margie Quin as the new commissioner of the Tennessee Department of Children’s Services. Quin most recently served as CEO of End Slavery Tennessee, a nonprofit focused on human trafficking. She replaces Jennifer Nichols, who has been in the role since 2019. Quin will take office on Sept. 1. She joins the department at a time when it is under scrutiny for reports of vacant caseworker positions and children in state custody sleeping on the floor in an office building, the Nashville Post reports. A release from the governor’s office looks at Nichols’s tenure.

Posted by: Stacey Shrader Joslin on Jul 22, 2022
News Type: Election 2022

Dickson County Juvenile and Probate Court Judge Michael Meise has announced he will run for reelection, the Dickson Post reports. Meise was elected to the court in 2014 after serving as an assistant public defender in the 23rd Judicial District and as a public school teacher. Meise says he is devoted to trauma-informed approaches to cases in his court. He also touts his work creating a Safe Baby Court and utilizing Court Appointed Special Advocates (CASA) to provide insights into cases. Meise is a member of the Tennessee Council of Juvenile and Family Court Judges and the National Council of Juvenile and Family Court Judges.

Posted by: Stacey Shrader Joslin on Jul 22, 2022
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday refused to lift a nationwide stay blocking a Biden administration policy on border enforcement priorities, Bloomberg Law reports. The government wants to prioritize the detention and deportation of those who threaten national security, public safety or border security. Several southern states sued to block the policy arguing that all undocumented individuals who cross the border should be considered for detention and deportation. The U.S. District Court for the Southern District of Texas found for the states and the U.S. Court of Appeals for the 5th Circuit upheld the decision. In her first public vote in a Supreme Court matter, Justice Ketanji Brown Jackson voted to let the policy go into effect. The court also agreed to hear the challenge in its next term, scheduling oral arguments for the first week of December.


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