TBA Law Blog


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Posted by: Kate Prince & Berkley Schwarz on Oct 27, 2021

After amending Rule 13, Section 5(a)(1) yesterday to add “juvenile transfer proceedings” to the types of cases a trial court, in its discretion, may determine that investigative or expert services are needed to ensure the constitutional rights of the defendant are properly protected, the Tennessee Supreme Court today issued an order that denies other parts of a petition relating to an indigent criminal defendant’s right to fees for expert, investigative, and other support services during criminal proceedings and in juvenile delinquency cases. The petition was filed by the Choosing Justice Initiative, Tennessee Association of Criminal Defense Lawyers, Tennessee Post-Conviction Defender Organization and two private lawyers.

Posted by: Kate Prince on Oct 27, 2021
News Type: Legal News

Davidson County Criminal Court Judge Angelita Blackshear Dalton has been reappointed to the Domestic Violence State Coordinating Council (DVSCC) by Deborah Taylor Tate, director of the Administrative Office of the Courts (AOC). The Council was created to increase the awareness and understanding of domestic and family violence and to reduce its rate in Tennessee. DVSCC creates domestic violence response policies for police and judicial officers and provides training and curriculum for law enforcement and those in the court who handle domestic violence situations. Judge Dalton will serve another four-year term, representing the judiciary of the Middle Grand Division. “Her abiding commitment to insuring victims of domestic or sexual abuse have access to justice in our system began as a young prosecutor and has continued throughout her stellar and historic judicial career,”  Tate said of Dalton. Read more on the AOC’s website.

Posted by: Kate Prince on Oct 27, 2021
News Type: Legal News

Newly appointed 7th Judicial District Circuit Court Judge Ryan Spitzer went straight to work after being sworn in on Sept. 1. “I was sworn in on Wednesday and had court on Thursday, so it was busy,” Spitzer told the Administrative Office of the Courts (AOC). He fills the seat of former Judge Donald R. Elledge who retired on June 30, leaving the district, which serves Anderson County, without a Circuit Court judge. Spitzer says his path to the bench was unexpected, but was an opportunity he couldn’t turn down. “I was working in DA’s office and my boss was about 10 years older than me. I expected I would run for DA after he retired, but then my judge retired and this position was going to be open,” he said. Read more about Spitzer and his new role on the AOC’s website.

Posted by: Kate Prince on Oct 27, 2021
News Type: Wellness Wednesday

The ABA’s Commission on Lawyer Assistance Programs has a helpful resource to help lawyers understand and treat compassion fatigue. According to the ABA, compassion fatigue “is the cumulative physical, emotional and psychological effect of exposure to traumatic stories or events when working in a helping capacity, combined with the strain and stress of everyday life.” Symptoms for this condition include: becoming emotionally detached and numb in professional and personal life; becoming demoralized and questioning one’s professional competence and effectiveness; and having disturbing images from cases intrude into thoughts and dreams. The resource suggests that criminal, family or juvenile law attorneys could be especially prone to compassion fatigue as a result of continuous exposure to human-induced trauma. Read the full article for helpful tips on treating the condition.

Posted by: Kate Prince on Oct 27, 2021
News Type: TBA CLE

Learn how to succeed in the Court of Criminal Appeals by taking part in the upcoming boot camp from the TBA’s Appellate Practice Section. Court of Criminal Appeals Boot Camp 2021 will allow attendees to observe oral arguments in real cases being presented to the court and afterwards hear an analysis from judges and the lawyers who participated in the arguments, who will discuss preparation and give tips and considerations for deciding to seek appellate review. The virtual program will take place Nov. 10 from 1 to 5 p.m. CST and is worth one dual and three general credit hours of CLE. Register now.

Posted by: Kate Prince on Oct 27, 2021
News Type: TBA CLE

The TBA’s annual Year End CLE Blast is back this year to help all those needing last-minute CLE credit. During the entire month of December, the TBA will be bringing you reliable and convenient on-demand CLE programming in a variety of practice areas designed for the Tennessee lawyer. This year’s Blast will be all virtual and easily viewable from your laptop or phone, no matter where you are. Additional information and registration instructions will be forthcoming. Don’t forget to use the prepaid credits that come with your TBA Complete Membership and save on your CLE costs. Not a member? Join now to start saving.

Posted by: Stacey Shrader Joslin on Oct 26, 2021
News Type: Election 2022

Davidson County Criminal Court Presiding Judge Cheryl Blackburn plans to seek re-election to the Division III seat in 2022. Blackburn has served on the court for 24 years. She previously worked for 17 years as an assistant district attorney (ADA) in the Davidson County District Attorney’s Office. While in that role, she became the first female deputy and the first ADA in the state to be certified as a criminal trial specialist by the National Board of Trial Advocacy and the Tennessee CLE Commission. Blackburn began her career as a psychological examiner, appearing in court to testify about forensic evaluations. That experience piqued her interest in the law, leading her to attend and graduate from the Nashville School of Law.

Posted by: Stacey Shrader Joslin on Oct 26, 2021

The Tennessee Supreme Court today issued an order amending Rule 13 of its rules to allow payment for investigative and expert services in juvenile transfer hearings. The change to Section 5(a)(1) applies to trial and direct appeal cases handled by appointed counsel. It takes effect immediately.

Posted by: Stacey Shrader Joslin on Oct 26, 2021
News Type: Election 2022

Macon County lawyer Lisa C. Cothron has announced her campaign for the Macon County General Sessions Court. Cothron has practiced law for more than 27 years in the areas of family, juvenile, criminal and probate law. In addition to private practice, she has handled hundreds of appointed cases in juvenile and criminal court. A long-time member of the TBA, Cothron has served on the House of Delegates since 2010, as vice chair of the Juvenile Law Section and as a CLE presenter. She also is a member of the 15th Judicial Bar Association. Cothron earned her law degree from Nashville School of Law.

Posted by: Liz Slagle Todaro on Oct 26, 2021

As part of Domestic Violence Prevention Month and Celebrate Pro Bono Month, the Tennessee Access to Justice Commission and partners are offering a free CLE at noon CDT on Thursday. Family Law Basics for Domestic Violence Victims with Limited Means will be facilitated by Legal Aid Society of Middle Tennessee & the Cumberlands attorneys Aimee Luna and Rachel Moses. Topics will include filing and amending order of protection petitions, preparing the client for an adversarial hearing, pursuing violations, and contempt. The presentation also will include advocacy tips for representing clients with limited means in divorces, including filing under affidavit of indigency, constructive service by posting, reduced fee mediation, and mediation exceptions for victims of abuse. Register here.


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