The Judicial Ethics Committee recently issued two new opinions. The first, Advisory Opinion 21-2, responds to three questions regarding the ability of judges and judicial candidates to make political contributions. With regard to whether judges or judicial candidates may contribute to a political party, a specific candidate’s campaign or some other form of political organization, the committee says a limited exception in Rule of Judicial Conduct 4.2(C)(3) allows such contributions so long as they are within the limitations of law. The committee, however, did not find it permissible for judges or judicial candidates to pay a political organization to offset the costs related to its endorsement of the judge or candidate, to join the organization’s balloting efforts, or to be included on a ballot with nonjudicial candidates. The second, Advisory Opinion 21-3, finds that judges and judicial candidates may not be listed as a member of a host committee for a fundraiser for another judge or judicial candidate.

A federal judge in Kentucky this week blocked the Biden administration’s vaccine mandate for federal contractors in three states: Kentucky, Ohio and Tennessee, Action News 5 reports. The ruling comes in response to a suit filed by the attorneys general in each state. U.S. District Judge Gregory Van Tatenhove of the Eastern District of Kentucky said the mandate exceeded the president’s authority. Yesterday, the White House said the Justice Department "will vigorously defend" the government’s authority to promote its vaccine requirement in courts that have blocked its various mandates. But with a nod to the reality of the current situation, the White House told federal agencies they can delay punishing federal workers who failed to comply with a Nov. 22 vaccination deadline, Reuters reports. Also this week, a district court judge in Louisiana issued a nationwide injunction against the administration's vaccine mandate for health workers, the second judge to block that rule this week.

The full U.S. 6th Circuit Court of Appeals will rehear arguments on Tennessee's abortion law signed into law last year by Gov. Bill Lee, the Tennessean reports. The move comes after the state appealed a ruling by a three-judge panel of the court to uphold an injunction imposed by Judge William L. Campbell in the Middle District of Tennessee. The wide-ranging legislation was signed into law last summer and immediately blocked. In September, a panel of 6th Circuit judges upheld Campbell's decision. The state then appealed asking the full court to rehear the case. Read the court's opinion granting the state's petition for rehearing.

The Davidson County Chancery Court recently announced the re-appointment of Maria M. Salas as the court’s clerk & master. Her second term began today. Salas, a graduate of the Nashville School of Law, worked in private practice for more than 20 years before first being named to the post in December 2015. Salas has been active in the local legal community and with the Tennessee Bar Association, serving as a member of the inaugural Leadership Law class. She also is a founding member and current board member of the Stonewall Bar Association. In making the appointment, the chancellors noted that Salas broke new ground during her first term by implementing an electronic filing system for the court, and worked tirelessly during the COVID-19 pandemic to “serve the public and legal community, while ensuring the courts remained open and accessible to all.”

Former U.S. Attorney Sara Beth Myers has announced her campaign for Davidson County district attorney general, becoming DA Glenn Funk’s second challenger, the Nashville Post reports. Myers joins Danielle Nellis, a former prosecutor and judicial clerk, in challenging Funk, who has announced plans to seek a second term. Myers says she was inspired to go into law by her attorney father and into her current line of work through an internship at the DA’s office while in law school at Vanderbilt University. She spent almost four years as an assistant district attorney and two years as an assistant prosecutor in the state attorney general’s office before joining the U.S. Attorney’s Office. She served there for five years focusing mainly on human trafficking and civil rights cases.

A federal judge in Memphis has dismissed a "Jane Doe" lawsuit against the University of Memphis, putting a quiet end to a high-profile sexual assault case, the Commercial Appeal reports. In 2017, an anonymous student claimed that two male students raped her but the school did nothing to punish them. She later filed suit against the school. The university asked the court to dismiss the case, arguing it could not be held liable for attacks taking place off campus. In 2019, the judge ruled the suit could go forward since it focused on the school’s response not the incidents themselves. But this summer, Judge Mark Norris dismissed the case saying it did not meet a new standard set forth by the U.S. 6th Court of Appeals in a case involving the University of Michigan.

The Tennessee Court of Workers’ Compensation Claims announced today that it will offer optional in-person settlement hearings beginning the week of Jan. 10, 2022. Phone settlements will continue to be offered for those who prefer not to attend hearings in person. Protocols for each office are available online according to Chief Judge Kenneth M. Switzer. In a blog post today, he also notes that Judge Dale Tipps in Murfreesboro is presently without a courtroom due to ongoing renovations so only approvals by phone will be offered there until repairs are complete.

A state of emergency remains in effect for Tennessee even though Gov. Bill Lee recently declined to extend an executive order in response to the pandemic according to Tennessee Lookout. The state is currently at a level 3 designation under the Tennessee Emergency Management Plan, which is activated when a serious emergency or minor disaster has occurred or a situation is deteriorating rapidly and public warnings are being issued. Because of that designation, several government departments are still “engaged in COVID” response, a Tennessee Emergency Management Agency spokesperson tells the paper.

The Tennessee Supreme Court has named this year’s “Attorneys for Justice” — the eighth year the court has administered a recognition program to increase the number of attorneys providing pro bono service in the state. Each year, the court honors attorneys performing at least 50 hours of service annually. The court also recognizes law students who perform 50 or more hours of pro bono work during their law school career. That list has not yet been published for 2021. For more information about the program visit https://www.tncourts.gov or contact ATJInfo@tncourts.gov.

As part of the TBA’s Year End CLE, you can take all of your 2021 CLE online with our 15 Hour Package! The program offers a mix of popular ethics, wellness, diversity and legislative updates and offers 12 dual hours and three general hours to complete your annual requirement. This month’s Year End CLE event provides a range of packages, on-demand courses and live virtual programs as well as giveaways made possible by sponsors Clio and Geico. Those who purchase a course in December will be entered in our weekly drawing for a $50 Amazon gift card. The sooner you purchase a course the more chances you will have to win!