TBA Law Blog


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Posted by: Suzanne Craig Robertson on Jun 16, 2022

The Tennessee Supreme Court agreed last week to hear arguments in an ongoing lawsuit over reinstating voting rights to residents with out-of-state felony convictions, the Tennessean reports. Tennesseans with prior in-state felony convictions can restore their rights in a few ways, including by having their citizenship restored by fulfilling their obligations through paying court costs and restitution. In theory, the same pathway is open to everyone equally. But some newer Tennesseans with out-of-state felonies never had court costs to pay and court documents show they've struggled to prove their eligibility. The lawsuit, filed in 2020, argues the distinction is illegal and should be blocked in the courts.

Posted by: Suzanne Craig Robertson on Jun 16, 2022

Tennessee habitually ranks as one of the lowest states in the nation for voter turnout, with fewer than 60% of the state’s voting-eligible population casting a ballot in the 2020 presidential election. What’s rarely talked about, and what could be a factor heading into the 2022 midterm elections, is the role evictions play in voting patterns. Tennessee Lookout looks into it.

Posted by: Stacey Shrader Joslin on Jun 16, 2022
News Type: Legal News

Tennessee Court of Appeals Judge W. Neal McBrayer recently joined the Tennessee Intercollegiate State Legislature (TISL) Board of Directors, the Administrative Office of the Courts reports. “Having participated in TISL as a college student, I know firsthand the benefits of the program,” McBrayer said of the appointment. “It's hands-on learning that encourages future civic engagement. I am pleased to support an organization that teaches young adults about how their state government works.” Since its inception in 1966, TISL has given thousands of students the opportunity to experience every aspect of state politics and government.

Posted by: Stacey Shrader Joslin on Jun 16, 2022
News Type: Legal News

Retiring Judge Wayne Shelton was recognized by the Montgomery County Commission for his 43 years of service on the Montgomery County Juvenile and General Sessions Court. He is currently the longest presiding General Sessions and Juvenile Court judge in the state, according to Main Street Clarksville. At Monday’s meeting, County Mayor Jim Durrett presented Shelton with a proclamation for his service. A graduate of Memphis State University School of Law,  Shelton served in the U.S. Army as an artillery officer before later being appointed to the court.

Posted by: Suzanne Craig Robertson on Jun 16, 2022
News Type: Legal News

Ten years ago, President Obama signed an executive order creating Deferred Action for Childhood Arrivals (DACA), a program that shields from deportation more than 600,000 immigrants who were brought to the U.S. as children. Luis Mata, policy coordinator with the Tennessee Immigrant & Refugee Rights Coalition, says in Tennessee there are more than 7,000 DACA recipients, NewsChannel5 reports. However, the uncertainty of the program has meant living a life in limbo, with renewals necessary every two years. President Biden has issued a statement calling on Congress to pass legislation to protect DACA recipients. The most recent legal challenge barred new applicants from applying to the program. The Department of Justice appealed the decision and the 5th Circuit Court of Appeals will hear oral arguments this summer. Read more from Axios.

Posted by: Stacey Shrader Joslin on Jun 16, 2022
News Type: Election 2022

Robby Starbuck will run as a write-in candidate in the August Republican primary for the open 5th Congressional District, the Nashville Post reports. Starbuck (whose real last name is Newsom) was kicked off the Republican ballot by state party leaders, who determined he was not a “bona fide” Republican because he had not voted in three of the past four Republican primaries in Tennessee. Starbuck, a music video producer and conservative media personality, moved from California to Franklin in 2019. Multiple legal challenges to his exclusion came up short prior to his filing as a write-in candidate. Wednesday was the deadline to register as a write-in candidate for the Aug. 4 primary.

Posted by: Stacey Shrader Joslin on Jun 16, 2022
News Type: Legal News

There are six Historically Black Colleges and Universities (HBCU) law schools in the U.S., established because Black students were denied access to law school, and each is struggling due to underfunding. “We carry the weight of diversifying the profession," Howard University School of Law Dean Danielle Holley-Walker told Law.com, adding, “In the last few years, there is a heightened look at diversity in this profession. HBCU deans are under a lot of focus and scrutiny because of who we’re training.” But because of the underfunding, there is the challenge of having enough people to do the work, Texas Southern University Thurgood Marshall School of Law Dean Joan R.M. Bullock said. 

Posted by: Stacey Shrader Joslin on Jun 16, 2022
News Type: BPR Actions

The Tennessee Supreme Court censured Robertson County lawyer Travis Randall Duffer today for failure to complete a client’s case. The court found that Duffer left the employment of a law firm in December 2020 and took some clients with him. For three clients, Duffer failed to respond to requests for information and failed to complete the matters for which he was hired. The court also determined that Duffer falsely stated to the Board of Law Examiners that the representations had been “completed.” His actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.16, 8.1 and 8.4(d). The court also directed Duffer to refund his former client $900 within 90 days.

Posted by: Kate Prince on Jun 16, 2022
News Type: Legal News

The second installment in the TBA Young Lawyers Division’s special Juneteenth podcast series features an interview with Senior U.S. District Court Judge for the Eastern District of Tennessee Curtis Collier and Tennessee Court of Appeals Judge John McClarty. Chattanooga attorney and YLD member Martin Trimiew talks with Collier and McClarty about the trials and tribulations they faced on their paths to becoming lawyers, how diversity in the law has changed since they were new attorneys and how it could be bettered. A new episode of the Juneteenth series will be released each day of the TBA’s Annual Convention and can be found on the TBA YLD’s podcast page or anywhere you listen to podcasts.

Posted by: Kate Prince on Jun 15, 2022
News Type: Legal News

The fourth and final episode of the TBA Young Lawyers Division Diversity Committee’s Juneteenth podcast series premiered on Saturday, the final day of TBA’s Annual Convention. The episode features a discussion with TBA YLD President Billy Leslie, YLD Diversity Committee Co-chair Ariel Anthony, YLD Diversity Leadership Institute (DLI) Chair Dominique Winfrey and former DLI class member Anthony Adewumi on the DLI program and its many benefits. The four-part series consists of interviews with attorneys and judges from across the state who share their wisdom in the journey towards professional success through a diversity lens. All episodes can be found on the TBA YLD podcast page or anywhere you listen to podcasts.


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