The Tennessee Supreme Court on March 5 suspended 52 attorneys who did not pay the annual professional privilege tax as required. The attorneys include those living in Tennessee as well as 11 other states. View the order or see the list with reinstatements noted.

Chattanooga Mayor Tim Kelly hopes federal officials will reconsider the decision to place a new federal courthouse near Vine Street, the Chattanoogan Times Free Press reports. The U.S. General Services Administration (GSA) selected the site for the courthouse, which will include seven courtrooms, nine chambers and 40 parking spaces. Kelly said in an interview last week he believes there may be a change of heart regarding the location. According to Local News 3, the property owners of the site also oppose the decision, stating they repeatedly informed GSA that the properties were not for sale and advocated for an alternative location. Chattanooga city and Hamilton County officials had previously urged the federal government to consider the TVA downtown office complex. The GSA, citing a Final Supplemental Environmental Assessment, maintains that Vine Street is the most advantageous location and that the project will have no significant environmental impact. Design is expected to begin in spring 2025, with construction planned to start in spring 2027.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to address the growing crisis in providing legal representation to indigent individuals in Tennessee. Under the current program, many attorneys cannot afford to take appointed cases due to low compensation and program constraints. Among the innovative elements of the plan is a proposal to utilize strategic and flexible contracting with attorneys. Contracts with attorneys would use a combination of retainer, flat fee and hourly or other contracts and would be tailored to fit the qualifications of the attorney, the complexity of the case type and the particular needs of the judicial district. In addition, attorneys would have options to contract to provide this representation for a percentage of their time, allowing appointed cases to be balanced with other clients. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today. 

A study by attorneys H.E. Miller Jr. and Bradley MacLean highlights disparities in Tennessee’s death penalty system, showing that individuals convicted of multiple murders often receive life sentences, while many on death row were convicted of killing a single victim, the Nashville Banner reports. The analysis found 365 cases where defendants convicted of multiple murders were not sentenced to death, while 29 of the 46 people currently on Tennessee’s death row were convicted of killing only one person. The research also reveals geographic data, with Shelby County accounting for more than half of Tennessee’s death row population, while individuals from other counties with similar crimes have fewer or no death sentences. The findings come as the Tennessee Supreme Court has begun resetting execution dates in the state.

The U.S. federal judiciary last week renewed its push for Congress to add judges to understaffed courts nationwide. During a hearing before a House Judiciary subcommittee, U.S. Circuit Judge Timothy Tymkovich urged lawmakers to revive efforts to expand the federal judiciary, citing a severe shortfall of judges that has led to case backlogs and delays in civil litigation, Reuters reports. Tymkovich highlighted a 346% increase over two decades in civil cases pending for more than three years, warning that such delays erode public confidence in the legal system. Tymkovich called for the passage of legislation to create 66 new judgeships across 13 states, a proposal that previously had bipartisan support but was vetoed by former President Joe Biden. California Republican Rep. Darrell Issa, chair of the House Judiciary Committee’s panel on courts, pledged to reintroduce the bill this year.

The Intellectual Property Webcast Series 2025: From FTC to ROI will take place on April 10 from 11 a.m. to noon CDT. This online event will cover key topics in intellectual property, with more details to be announced soon on the TBA website.

The Tennessee Governor's Office is accepting applications for a commissioner on the Tennessee Claims Commission due to the expiration of William Young's term, effective June 30. To qualify, candidates must have resided in the Eastern Grand Division for at least one year, lived in Tennessee for five years and be licensed to practice law in Tennessee for at least five years. A commissioner may not practice law while serving on the commission. Attorneys interested in the position should submit a resume and cover letter to the governor’s office for consideration. Applications should be directed to Chief Counsel to the Governor Erin Merrick via her assistant at Katelin.Brown@tn.gov by April 14. For more details read the notice of vacancy.

Tennessee Attorney General Jonathan Skrmetti announced in a press release that Chris Tutor has been named the new chief of staff, succeeding Brandon Smith, who is returning to private practice. Tutor, a Memphis native, joins the Attorney General’s Office from Butler Snow LLP, where he was a partner focusing on commercial real estate and business transactions. He earned his law degree from the University of Memphis Cecil C. Humphreys School of Law. As chief of staff, Tutor will oversee the office’s legislative and communications teams and coordinate with other state attorneys general and federal partners. “Chris Tutor’s distinguished career to date is a model of integrity, competence, and temperance, and we are excited to welcome him to the Attorney General’s Office,” Skrmetti said. “His enthusiasm and abiding love for Tennessee and its people will serve our state well.”

Administrative Office of the Courts (AOC) Director Michelle Long recently testified before the Senate Judiciary Committee, where she outlined the new Plan for Indigent Representation drafted by the AOC on behalf of the Tennessee Supreme Court, among other AOC budget requests. In her testimony, Long thanked lawmakers and Gov. Bill Lee for last year’s funding that led to increased hourly rate of pay to $60 per hour to court-appointed attorneys representing the indigent. Long also stated the AOC listened to the legislature, researched how indigent representation works in other states, talked to stakeholders and developed an innovative solution to indigent representation that shifts the paradigm by providing flexible compensation for attorneys, which will take into consideration the complexities of the cases, qualifications of the attorneys and the needs of the court in that jurisdiction. The new indigent representation plan will also provide more resources to confirm indigency, and it will shift the responsibility of appointing attorneys to represent the indigent to the new Office of Indigent Conflicts and Civil Counsel which will consult with judges in each district to identify lawyers providing quality representation in their districts. Watch her testimony beginning at 1:31:04. Please visit the TBA Indigent Representation webpage for more information.

The U.S. Justice Department (DOJ) is urging the American Bar Association (ABA) to eliminate its diversity requirements for law schools or risk losing its accrediting authority. In a Feb. 28 letter, posted on social media site X, Attorney General Pam Bondi stated that the ABA was subjecting law faculties and students to unlawful race and sex discrimination under its diversity mandates and called for their immediate repeal, Bloomberg News reports. Last month, the ABA temporarily suspended enforcement of a rule requiring law schools to diversify faculty and students. Jennifer Rosato Perea, the ABA’s managing director of accreditation, confirmed the rule remains suspended and said the Council on Legal Education is working on revisions to ensure compliance with current law. The council is set to review any changes at its May meeting.