TBA Law Blog


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Posted by: Barry Kolar on May 19, 2022
News Type: Legal News

The Shelby County’s Public Defender’s Office now has 21 vacant attorney positions, Tennessee Lookout reports, because it cannot offer competitive salaries. Chief Public Defender Phyllis Aluko on Wednesday told the Shelby County Budget and Finance Committee that she is struggling to hire and retain staff because experienced attorneys working as public defenders make far less than most attorneys in the state. A state public defender with 25 years of experience will make about $30,000 more than a Shelby County public defender with the same experience, she said.

Posted by: Barry Kolar on May 19, 2022
News Type: Passages

Former Tennessee Judge Charles E. Nearn died April 25. He was 90. A Memphis native, Nearn earned his law degree from Southern Law University and served as a general sessions judge, a judge on the chancery court and later on the Tennessee Court of Appeals for the Western Section, where he served as presiding judge until his retirement in 1986. A rosary and memorial mass were held at Our Lady of Perpetual Help Catholic Church in Germantown. Memorial contributions may be made to Ave Maria Home, 2795 Charles Bryan Rd., Bartlett, TN 38134.

Posted by: Barry Kolar on May 19, 2022
News Type: Legal News

A Nashville woman is the first person in Tennessee to receive a reduced sentence under a new state law that allows courts to reduce sentences for school drug offenders if the act takes place farther than 500 feet from a school zone or if counsel can prove the act did not endanger children, WATE reports. Jenica Gant previously pleaded guilty to selling drugs inside her home, which was within 1,000 feet of a school zone. “None of Ms. Gant’s offenses occurred at a time or a place where children were actually exposed. They were in the summertime. They were at night. They were on her own property,” Sunny Eaton with the Nashville District Attorney’s Office said.

Posted by: Barry Kolar on May 19, 2022

Through May 31, TBA members can open a new Sam’s club membership for just $14.99 and receive a $10 gift card. This and many other discounts and savings are a part of TBA’s travel and entertainment membership benefit. See all deals for hotel, rental cars, concert tickets, theme parks and more.

Posted by: Barry Kolar on May 19, 2022

Several Shelby County groups are hosting an event Saturday to help people with expungement of eligible criminal offenses, job opportunities, child support and drivers’ license issues. The event is free and open to the public, and will be from 10 a.m. to 2 p.m. CDT at Mt. Moriah-East Baptist Church at 1248 Haynes Rd. Sponsors are the Shelby County District Attorney’s Office, the Shelby County General Sessions Clerk’s Office and the District 21 Prince Hall Masons.

Posted by: Barry Kolar on May 19, 2022
News Type: Legal News

The deadline is near for Tennessee lawyers to take part in a new survey from the Tennessee Bar Association. You should have received a reminder email today with login information if you haven’t yet participated. The survey focuses on the impact COVID-19 has had on the working habits of Tennessee lawyers, the state of work/life balance in the Tennessee legal community, and current practices related to hiring, developing, promoting and compensating attorneys. The TBA’s Women in the Profession Committee worked with Yacoubian Research to develop the survey, which should take about 10 minutes to complete. All attorneys are encouraged to respond to ensure an accurate measurement of responses. Some groups, such as those attorneys under 50, are still slightly underrepresented at this point. Those attorneys who have started,  but not finished, the survey can return to the survey and complete it from where they left off. 

Posted by: Barry Kolar on May 19, 2022

Knoxville lawyer R. Culver Schmid will be presented with the prestigious Justice Joseph W. Henry Award for Outstanding Legal Writing on June 17 during the Tennessee Bar Association’s (TBA) annual convention in Nashville. The award was established nearly 40 years ago and is given each year to the lawyer “who writes the most outstanding article that is published in the ... Tennessee Bar Journal for the preceding year." Culver is managing shareholder in Baker Donelson’s Knoxville office, and a member of its Real Estate/Finance Group. Judges said his article, “Restoring Rights of Individuals Convicted of a Felony Crime: A Manual,” did “an excellent job laying out the statistics and statutes regarding lost voting rights in Tennessee, and then guiding the reader clearly and succinctly through the process of restoring those rights." Read the full release.

Posted by: Stacey Shrader Joslin on May 19, 2022
News Type: Passages

Nashville lawyer William Robert "Bob" Pope Jr. died April 29 at 75 after a brief illness. Originally from New York, Pope grew up in North Carolina. After serving in the U.S. Army from 1968 to 1970, he attended the University of Tennessee College of Law. As a lawyer, Pope was a partner at Gullet Sandford Robinson & Martin PLC for more than 20 years and at White & Reasor. He was a founding member and chair of the American Bar Association's Tax Section on Bankruptcy and Workout Committee, a trustee of the Tennessee Federal Tax Institute, a member of the Dean's Council for the University of Tennessee College of Law, and a regent of the American College of Tax Counsel. Memorial donations be made to The Sarah Cannon Cancer Fund, 1100 Martin L. King Blvd., Ste. 800, Nashville, TN 37203; Friends of Warner Parks, 50 Vaughn Rd., Nashville, TN 37221; Avalon Hospice, 2525 Perimeter Place Dr., Ste. 105, Nashville, TN 37214; or Hillsboro Presbyterian Church, 5820 Hillsboro Pk., Nashville, TN 37215.

Posted by: Stacey Shrader Joslin on May 18, 2022

The Tennessee Supreme Court today held that the state’s Education Savings Account Pilot Program does not violate the home rule amendment of the state constitution. The pilot program allows a limited number of eligible students to directly receive their share of state and local education funds to pay for a private school education. The Davidson and Shelby county governments challenged the law. The trial court and intermediate appellate court agreed with the counties. The Supreme Court disagreed, saying that the law is not rendered unconstitutional by the home rule amendment because the amendment does not apply to county governments — only to local education agencies. The court remanded the case to the trial court for consideration of remaining claims. Justices Sharon G. Lee and Holly Kirby joined in a separate opinion, concurring in part and dissenting in part. They agreed with the court that the counties had standing to sue but found that the law violates the home rule amendment because it is local in effect and application, and gives the counties no choice in whether to participate. Tennessee Attorney General Herbert H. Slatery III applauded the ruling, saying the law “has always been about helping Tennessee students.”

Posted by: Stacey Shrader Joslin on May 18, 2022
News Type: Legal News

Abbie Hudgens, administrator of the Tennessee Bureau of Workers’ Compensation, has reappointed Judge Joshua Davis Baker to the Court of Workers’ Compensation Claims. Judge Baker sits in Nashville. This will be his second full term. In announcing the reappointment, Hudgens said, “Judge Baker has played a pivotal role in the Court of Workers’ Compensation Claims since his contributions to the process of converting proposals into legislation in 2012 and 2013. As one of the first judges, he played a role in the ensuring that the legislative intent was fulfilled,” Hudgens said. He will serve for six years and will be eligible for a third reappointment in 2028. 


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