In a lengthy report on the Rutherford County juvenile justice system, Nashville Public Radio and ProPublica say that the county has “a staggering history of jailing children” and employs an illegal filtering system for determining which children go to jail. The report detailed that the statewide average for juvenile cases resulting in jail time is 5%, while it is 48% in Rutherford County. The reporting also found an “ugly and unsettling culture” surrounding the juvenile justice system. After reviewing countless documents and interviewing those who would talk to them, the reporters concluded that “officials flouted the law by wrongfully arresting and jailing children." The new reporting follows news this summer that the county agreed to pay up to $11 million to settle a class-action lawsuit over its policies for arresting and detaining children.

A new ABA ethics opinion clarifies obligations for language access in lawyer-client relationships, the ABA Journal reports. Under Formal Opinion 500, attorneys must take affirmative steps to ensure that they can communicate effectively with clients with limited English proficiency or with those with noncognitive physical disabilities such as a hearing or speech impairment. This may require the lawyer to engage an interpreter, translator or other assistive or language-translation technology. The opinion also calls on lawyers to be cognizant of “social and cultural differences that can affect a client’s understanding of legal advice, legal concepts, and other aspects of the representation.”

The Arts & Business Council's Volunteer Lawyers and Professionals for the Arts are joining the law firm of Bradley Arant Boult Cummings in providing free legal services for Black-owned small businesses and nonprofits at a clinic on Oct. 21. Issues to be covered include questions about business formation, corporate governance, contract review and navigating local ordinances and state regulations. Eligible businesses may receive up to one hour of assistance. Companies may sign up online. To volunteer, email vlpa@abcnashville.org.

Judge Julia Smith Gibbons of the U.S. 6th Court of Appeals has received the 39th annual Edward J. Devitt Distinguished Service to Justice Award, the highest honor given to a federal judge. The award was announced yesterday by U.S. Supreme Court Justice Neil Gorsuch. Gibbons, who was the first female trial judge in Tennessee, was recognized for her 30-year judicial career and role as a “trailblazer and role model in the legal profession.”

Gibbons was first appointed to the Shelby County Circuit Court in 1981. In 1983, she became the youngest district court judge in the country when she was appointed to the U.S. District Court for the Western District of Tennessee. She was nominated for the appeals court in 2001. A dinner and ceremony to honor Gibbons will be held early next year. Read more about her career and reflections from colleagues in a profile from the Administrative Office of the Courts.

People with jobs that qualify for the Public Service Loan Forgiveness Program can now get credits from previously ineligible loan plans, the U.S. Department of Education announced this week. Under the new guidelines, loans such as the Federal Family Education Loan Program and the Perkins Loan Program are now eligible for forgiveness, the ABA Journal reports. Private loans and Parent PLUS, however, still will not qualify for the program. The department also waived restrictions on the type of payment plan borrowers have. Those wanting to make changes must apply by Oct. 31, 2022. Finally, the department announced it will review denied applications following allegations that loan forgiveness has been denied to those who qualify. An article in Reuters suggests that as many as 550,000 student loan borrowers, including many public interest lawyers, will benefit from these changes. The American Bar Association, which has been at the forefront of efforts to revamp the loan forgiveness program, applauded this week's changes but also called on Congress to consider additional actions.

The Legal Aid Society of Middle Tennessee and the Cumberlands will hold three clinics next week. On Tuesday, the group will hold a phone clinic at 2 p.m. CDT to provide general advice. The first 15 callers will be accepted. On Wednesday, LAS will hold a clinic specifically for veterans from 11 a.m. to 1 p.m. CDT at Operation Stand Down, 1125 12th Ave. S. Nashville 37203. On Thursday, a general advice clinic will be held from 3 to 4:30 p.m. CDT at Greenhouse Ministries, 309 S. Spring St., Murfreesboro 37130. To volunteer for any of these clinics, contact Kendra Cheek, 615-780-7131. See all October clinics.

The judges of the U.S. District Court for the Eastern District of Tennessee have named Jill E. McCook as the court’s next magistrate judge. McCook will succeed Magistrate Judge H. Bruce Guyton, who will retire from the bench in January 2022. McCook has served as an attorney for the Tennessee Valley Authority for the past three and a half years. Prior to that, she was an attorney at Baker, Donelson, Bearman, Caldwell & Berkowitz and Greenberg Traurig, and a law clerk to District Judge Thomas A. Varlan. She has also served as an adjunct professor at the University of Tennessee College of Law, where she taught legal process. She earned her law degree from Washington & Lee University School of Law and is admitted to practice in Tennessee and New York. McCook recently co-authored "Getting to Know the Federal Executive Branch Ethics Laws: A Primer," Part I in March and Part 2 in May for the Tennessee Bar Journal.

The Metro Nashville Police Department is not tracking a common type of physical force used to arrest people, according to a new report from a civilian-run agency that oversees the department. WPLN reports that the Community Oversight Board recently discovered that MNPD is not tracking so-called “soft empty-hand control” though other large cities do include those incidents in their reporting. Though the definition of this action is vague, it includes grabbing, takedowns and causing pain by touching pressure points. The board will hold a meeting next Wednesday to get community feedback on the proposal.

Shelby County lawyer Inez Beatrice Warner received a public censure from the Tennessee Supreme Court today. The court conditioned the censure on Warner paying restitution to three clients totaling $8,775 and pay fees to the Board of Professional Responsibility. The court took the action after it considered four complaints regarding Warner’s lack of diligence, lack of communication with clients, failure to properly account of settlement proceeds, and unclear fee practices, including charging fees incompatible with stated fees. Her actions were determined to violate Rules of Professional Conduct 1.3, 1.4, 1.5, 1.15 and 8.4.

The Ben F. Jones Chapter of the National Bar Association will honor a number of individuals at its 2021 Barristers’ Ball on Nov. 13. Tennessee State Sen. Raumesh Akbari will receive the A.A. Latting Award for Community Service, while Chancellor Gadson William Perry will receive the A.A. Latting Award for Legal Excellence, and Professor Demetria D. Frank will receive the President’s Award. The Barristers’ Ball will take place at the Columns. Contact Barristers’ Ball chair Laquita Stokes with any questions or concerns.