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Posted by: Stacey Shrader Joslin on Nov 1, 2021
News Type: Legal News

The National Jurist’s preLaw Magazine is out with its list of the top 25 “best value” law schools in the country. The only Tennessee school to make the list, the University of Tennessee College of Law, ranks sixth. The ranking takes into account a law school’s tuition, cost of living expenses, average indebtedness upon graduation, percentage of graduates who get a job after graduation, and bar passage rates. Above the Law has the full list.

Posted by: Stacey Shrader Joslin on Nov 1, 2021
News Type: Legal News

The city of Memphis has tasked a private law firm to investigate the Office of Business Diversity and Compliance following the departure of its former director, Joann Massey, according to the Commercial Appeal. Burch, Porter & Johnson reportedly interviewed employees about the department's operations and work environment in September following reports of personnel upheaval and the resignation of several employees. Massey was placed on administrative leave in late summer due to the accusations. She left the position on Sept. 24 to pursue other opportunities with her consulting firm Lewis Massey & Associates.

Posted by: Stacey Shrader Joslin on Nov 1, 2021

Following five hours of late-night deliberations between the two legislative chambers, Tennessee lawmakers adjourned at 1:34 a.m. Saturday after passing a series of measures significantly limiting COVID-19 restrictions by businesses, schools, local health departments, and even the governor. Debate over the comprehensive package split along party lines — with advocates touting individual liberty and opponents voicing concerns of state government overreach, the Tennessean reports. Among its provisions, the legislation:

  • Bars government entities and public schools from requiring masks unless COVID-19 cases hit a certain threshold. In those cases, schools must seek approval for a maximum 14-day mandate. Exceptions are provided for private schools and correctional facilities.
  • Prohibits government entities, public schools and many private businesses from mandating vaccines or proof of vaccination. Entertainment venues may require a negative COVID-19 test or proof of antibodies.
  • Provides other exceptions for vaccine and mask mandates for public universities, federal contractors, airport authorities, health care providers and long-term care facilities if they would lose federal funding without mandates in place.
  • Gives the governor exclusive power to issue executive orders and direct health departments during a pandemic, and gives the state health commissioner exclusive power to issue quarantine guidelines.
  • Allows for partisan school board elections.
  • Allows the attorney general to ask the Tennessee Supreme Court to temporarily appoint a prosecutor to replace a district attorney general who peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances.

The governor has not indicated whether he will sign all of the bills that passed, but in a Tweet he praised lawmakers "for working to address the Biden Administration's overreach into our state," WPLN reports.

Posted by: Stacey Shrader Joslin on Nov 1, 2021

The Knoxville Bar Association and its Bankruptcy Section, in partnership with Legal Aid of East Tennessee and U.S. Bankruptcy Judge Suzanne H. Bauknight, will hold a Pro Bono Debt Relief Clinic on Saturday from 9 a.m. to noon EDT. The event will take place at the Knox County Public Defender's Community Law Office. Judge Bauknight will present a short overview of the bankruptcy system and other solutions for clients before volunteer lawyers meet with them to discuss their options.

Posted by: Stacey Shrader Joslin on Nov 1, 2021

The Memphis Bar Association and its Access to Justice Committee will host a virtual legal advice clinic on Friday from 1 to 3 p.m. CDT. Clients must register online at 901legalconnect.org. The virtual clinic is sponsored by Burch, Porter & Johnson in collaboration with the Tennessee Valley Authority’s Office of General Counsel, the Community Legal Center and Memphis Area Legal Services.

Posted by: Suzanne Craig Robertson on Nov 1, 2021

"Want to build a better firm?" A simple question asked by the November-December Tennessee Bar Journal, and of course the short answer is yes! But how? Answer: "Build a culture of well-being." The issue is devoted to showing you how to do this, and how improving your health will help your practice. Conceived and created by members of the TBA's Attorney Well-Being Committee, the issue covers how your skills can help with caregiving, handling holiday stress, the importance of sleep, liability insurance and more. TBA President Sherie Edwards co-writes her column this month with her daughter, Victoria Cundiff, in which they open up about their journey. "As I’ve stated before, one of the main initiatives of my bar year is to shine a light on mental health, especially destigmatizing seeking help for mental health disorders," Edwards writes. "My reason for this focus is both professional and intensely personal."

Posted by: Kate Prince on Oct 29, 2021

Legislators were expected to vote today on a measure that would allow the attorney general to temporarily replace local district attorneys on cases they refuse to prosecute, the Tennessean reports. The bill, sponsored by House Speaker Cameron Sexton, R-Crossville, advanced in the Senate and House yesterday. The new bill would allow the attorney general to ask the court to install a temporary prosecutor to handle all cases charged under an offense that a district attorney “peremptorily and categorically” announced they would not prosecute. The court would still retain the authority to decide whether the circumstances merited the district attorney pro tem. Supporters of the bill said it is aimed at prosecutors "taking a rogue approach on multiple issues and refusing to uphold their oath of office.” Rep. London Lamar, D-Memphis, opposed the measure. “This is muddying the water on the separation of powers just because we don’t like the court’s decisions and the way they let their district attorneys operate,” she said.

Posted by: Kate Prince on Oct 29, 2021
News Type: Legal News

A juvenile who was incarcerated for three days in 2016 is suing Rutherford County Juvenile Court Judge Donna Scott Davenport and Juvenile Detention Center Director Lynn Duke for $15 million, the Daily News Journal reports. The plaintiff, who was 10 at the time of incarceration, was arrested for allegedly encouraging an off-campus fight which, according to the lawsuit, he was not actually present for. The suit pointed to a 2017 ruling by Chief U.S. District Court Judge Waverly D. Crenshaw Jr., which said that the juvenile center was illegally incarcerating children accused of misdemeanors based on Davenport's 2003 order and memorandum in asking officers to "arrest all" children facing charges. Last month, Rutherford County agreed to pay $11 million to settle a class action lawsuit brought on behalf of juveniles wrongly detained by the county. A report from Nashville Public Radio and ProPublica earlier this month revealed the county’s “staggering history of jailing children” and its use of an illegal filtering system for determining which children go to jail.

Posted by: Kate Prince on Oct 29, 2021

Knox County District Attorney General Charme Allen is expressing concern over proposed legislation that would alter the length of a life sentence in Tennessee, WATE.com reports. State law defines a life sentence as 60 years, with the possibility of parole after serving 85%, or 51 years. House Bill 1532/Senate Bill 0561 would allow parole eligibility after 60% of a life sentence is served, or 36 years. Allen says she’s worried the new bill would allow those who have committed first-degree murder to be released even earlier if they earn certain credits. Though the bill does require a 25-year minimum sentence, Allen believes a life sentence “should mean more than 25 years.” She says a fiscal note from the state shows the bill would impact 1,600 inmates and would also have a retroactive effect, which would allow inmates to become eligible for parole decades before victims’ families were expecting. The fiscal note estimates the bill would save the state $1.2 million in the first year and $2.46 million for the following nine years.

Posted by: Kate Prince on Oct 29, 2021
News Type: Election 2022

James H. “Jim” Ripley has announced his campaign for chancery court judge of the 4th and 5th Judicial Districts, which cover Sevier, Jefferson, Cocke, Grainger and Blount counties. Ripley, a Republican candidate, has practiced in the 4th and 5th districts since he was licensed in 1983. The Chancery Court has previously appointed Ripley as special master to hear testimony and provide legal opinions in complex legal matters. Ripley is a past president of the Sevier County Bar Association, a TBA member and a member of the American Board of Trial Advocates. Ripley says he “will bring 38 years’ experience with a focus on integrity, fairness and common sense in the finest tradition of my predecessors” if elected. Read his campaign announcement here.


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