Wade Davies writes in the current Tennessee Bar Journal about newly expanded opportunities for expungement, after the General Assembly created ways to educate defendants on how and when they can obtain one. "What we are looking at here is expungement of actual judgments of conviction," he writes. "Expungement of a conviction is a significant development because under Tennessee law an expungement returns the defendant to the status he or she occupied before the prosecution and generally creates a right to deny having been charged." Davies encourages lawyers to do pro bono work in this area. "You do not have to be a criminal defense lawyer to help someone seek an expungement. Anyone can do it."

Hamilton County resident Kenny Morgan has announced his candidacy for the Third Congressional District seat, the Chattanoogan reports. Morgan served in the U.S. Army Health Services Command at Madigan Army Medical Center, worked at Tennessee Donors Services, Erlanger Medical Center, Hamilton Health Care System and the Family Resource Agency. The Third Congressional District seat has been held by Republican Chuck Fleischmann since 2010.

A legislative counsel to the govenor warned Tennessee lawmakers their bill limiting COVID-19 restrictions would violate federal law and put the state at risk of losing federal funds. According to records obtained by the Associated Press, Legislative Counsel Liz Alvey warned Senate Speaker Randy McNally’s chief of staff and a member of Senate Majority Leader Jack Johnson’s office in an email on the night the bill was passed. “Proposed ADA accommodation in the bill is a violation of the ADA and will put us at risk of losing federal funding,” Alvey wrote. The bill was approved an hour later. It is not clear if Alvey relayed that advice to Gov. Bill Lee before he signed the bill into law less than two weeks later.

Gov. Bill Lee has announced he will allow the COVID-19 state of emergency to expire tonight after being active for nearly 20 months, the Tennessean reports. The status, which Lee activated on March 12, 2020, has allowed the state to utilize additional federal funding for its pandemic response. It also granted the governor authority to suspend state laws and regulations to battle COVID-19. Lee said today that he will “temporarily consider reinstating this tool” in the event of more COVID-19 “surges.”

Lookout Mountain Judicial Circuit District Attorney Chris Arnt yesterday announced the launch of a new website that will provide the public with an “unprecedented amount of information” to the justice system, the Chattanoogan reports. The new site features information on the district attorney’s office, resources for witnesses and victims, information on programs like Mental Health and Drug Courts and more. Arnt will also post information on trials and cases once they are concluded. “The public rightly expects the District Attorney’s Office to operate in a transparent manner,” Arnt said. “This updated website will provide people with an unprecedented amount of information on how we pursue justice in the Lookout Mountain Judicial Circuit.”

Eleven attorneys have applied for a vacancy on the Tennessee Supreme Court, created by the passing of Justice Cornelia A. Clark. Applicants are William Blaylock, Sarah Campbell, Kristi M. Davis, Timothy L. Easter, Kelvin D. Jones, William Neal McBrayer, J. Douglas Overbey, Robert F. Parsley, Jonathan T. Skrmetti, Gingeree Smith and Jeffrey Usman. The Governor’s Council for Judicial Appointments will consider the candidates at public hearings on Dec. 8 and Dec. 9 at 9 a.m. CST in the Tennessee Room of the Tennessee State Library and Archives located at 1001 Rep. John Lewis Way North, Nashville. After a council vote, three names will be forwarded to Gov. Bill Lee for his consideration. The Administrative Office of the Courts has more on each applicant.

Attorneys who can volunteer or provide reduced-cost services are needed to help Afghan refugees arriving in Tennessee. Because of the emergency nature of the evacuation from their country, the majority of our Afghan allies have come to the United States under the designation of Humanitarian Parole, a document granted for short-term urgent humanitarian relief that gives the recipient official permission to enter the United States. These evacuees are eligible to apply for asylum through USCIS, but many need legal assistance to do so. Agencies assisting with the resettlement — Catholic Charities and the Nashville International Center for Empowerment (NICE) — can connect attorneys with those in need. To help, contact Max Rykov, 615-315-9681.

Shelby County District Attorney General Amy Weirich announced this afternoon that her office is dropping its pursuit of the death penalty against death row inmate Pervis Payne. It also filed notice with the criminal court that it is withdrawing its request for a hearing on the issue of intellectual disability, the Commercial Appeal reports. That hearing had been set for Dec. 13. The reason, according to Weirich, is because a state expert examined Payne as well as available records "and could not say that Payne's intellectual functioning is outside the range for intellectual disability.” Both the U.S. and Tennessee supreme courts have ruled it is unconstitutional to execute someone with an intellectual disability. In April, state legislators created a new law allowing death row inmates to appeal their sentences on intellectual disability grounds. Payne’s legal team filed an appeal soon after the governor signed the bill into law. Payne's attorney Kelley Henry applauded today's decision saying, "We look forward to Mr. Payne’s resentencing hearing. This is some measure of justice for Mr. Payne and his family, but our fight for full exoneration of this innocent man will continue." Read her full statement.

The Bureau of Workers’ Compensation Claims held its annual education conference a few weeks ago. One session that attracted attention focused on the growing need for in-court interpretation. Throughout Tennessee, the population of those with limited English proficiency has grown, as has the number of languages spoken. Tennessee Court of Workers' Compensation Claims Chief Judge Kenneth M. Switzer writes in a recent blog post that interpretation can be difficult given the use of unique terms that may not have a legal equivalent in other languages. “Concepts like maximum medical improvement, impairment rating, initial benefit period, preponderance of the evidence, etc. are hard to explain,” he says. To improve the use of interpreters in the court, Switzer lays out a number of procedures the court will now follow.

Tennessee Attorney General Herbert H. Slatery III has joined a bipartisan coalition of state attorneys general conducting a nationwide investigation into Meta Platforms Inc. (formerly known as Facebook). The group is exploring whether the company used manipulative techniques to promote its Instagram social media platform to children and young adults despite knowing that usage is associated with mental health harms. They also are examining potential violations of consumer protection laws. Today’s announcement follows recent reports revealing that Meta’s own internal research shows that using Instagram is associated with increased risks of physical and mental health harms on young people, including depression, eating disorders and even suicide.