TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 13, 2024
News Type: Legal News

The U.S. Department of Justice (DOJ) has asked the federal judiciary to grant minors greater privacy in criminal cases by requiring prosecutors and defense lawyers to refer to them in public court filings by pseudonyms rather than by their initials, Reuters reports. The change, according to the department, is designed to better protect the identities of children who are victims and witnesses of crimes, particularly in sexual exploitation cases. A DOJ official said that in recent years, some people accused of exploiting children track court filings and take other measures to uncover the identity of child victims, who they then contact and harass further. The request has been referred to the Judicial Conference's rulemaking bodies.

Posted by: Stacey Shrader Joslin on Mar 13, 2024
News Type: Upcoming

The American Bar Association’s (ABA) Task Force for American Democracy will hold the second in a series of listening tour events this Friday in Detroit. The session will feature ABA leaders, local officials and legal scholars. The event, titled “Taking the Next Step: Ensuring Trusted Elections and Civics for Michiganders,” will address vital election integrity issues and the need to support poll workers. The event will be livestreamed from 1 to 4:30 p.m. EDT from Wayne State University Law School. A recording also will be made available after the event. Register at abademocracytaskforce@gmail.com.

Posted by: Stacey Shrader Joslin on Mar 13, 2024
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti recently joined with other state attorneys general to support the federal “Laken Riley Act,” which would require the detention of undocumented individuals arrested for larceny, burglary, theft or shoplifting; defend Montana’s law banning TikTok in the state unless the app separates from its parent Chinese company; and express concerns over proposed legislation in Maine that, according to Skrmetti, would “interfere with other states enforcing their state laws restricting childhood gender transition if those laws differed from Maine law.” Read more about these issues at the links above.

Posted by: Stacey Shrader Joslin on Mar 13, 2024
News Type: TBA CLE

It's not too late to join colleagues online for the TBA's final installment of the Law Tech Lunch & Learn Series this Friday. The program, featuring Memphis lawyers, will focus on how AI impacts attorneys. The first session will include attorneys Greg Siskind and Zack Glaser, who will provide an introduction to AI and how it can be incorporated into the practice of law. The second session will feature Siskind and Lucian Pera discussing ethical considerations around AI. The live webcast will begin at noon CDT and offer registrants the opportunity to earn two dual CLE hours.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

A federal judge on Friday rejected a challenge by Republican-led states to a Biden administration program that allows hundreds of thousands of migrants from Cuba, Haiti, Nicaragua and Venezuela to apply for emergency entry into the United States, reports Reuters. The states argued that the federak government's authority to use parole is "exceptionally limited" and can only be applied on a case-by-case basis. They also claimed they faced irreparable harm because arriving migrants increase the cost of public services. U.S. District Court Judge Drew Tipton said the 21 states, led by Texas and including Tennessee, lacked standing to pursue the suit because they could not show that the "parole" program, which allows up to 30,000 people per month to enter the U.S., caused them any injury. "The court has before it a case in which plaintiffs claim that they have been injured by a program that has actually lowered their out-of-pocket costs," he wrote.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

The American Bar Association (ABA) online pro bono program ABA Free Legal Answers has released a nationwide list of lawyers, law firms, corporate law departments, law schools and other legal organizations that handled the most online questions in 2023. The list includes 10 Tennessee attorneys: Kevin D. Balkwill, Richard B. Gossett, Bryan C. Hathorn, Mary Jo Middlebrooks, Bruce A. Ralston, Caraline E. Rickard, Moriah C. Rue, Carl E. Seely, Yasmin K. Stiggons and Alissa N. Watson. The nationwide program was originally developed by the ABA and the law firm of Baker, Donelson, which worked to consolidate web programs in Tennessee and other states. Free Legal Answers has emerged as a no-cost way for income-eligible participants to obtain basic civil legal guidance. Since 2019, pro bono lawyers have fielded more than 40,000 inquiries annually for a total of 330,221 answered legal questions since the program's inception.

Posted by: Julia Wilburn on Mar 12, 2024

A bill mandating that police record interviews with juveniles is headed to Gov. Bill Lee’s desk for his signature. Introduced by Rep. Jesse Chism, D-Memphis, and co-sponsored by Sen. London Lamar, D-Memphis, HB1602/SB1577 passed the Senate on March 4 and the House on March 5 with bipartisan support. Chism told the Tri-State Defender that the measure offers protection for both the officer and the minor. “Making sure the interview is recorded will prevent any false claims from being made against our law enforcement officers while at the same time protecting any juveniles from being coerced into a false confession,” Chism said in a statement.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

A federal judge has ruled that a class action lawsuit against Johnson City and its police force can move forward, Tennessee Lookout reports. The suit alleges police took bribes and looked the other way while a serial rapist assaulted scores of women and at least two children. The ruling from U.S. District Judge Travis McDonough opens the door to not only the initial 10 Jane Doe plaintiffs, but potentially hundreds of Johnson City victims who were sexually assaulted over a more than five-year period — from Jan. 1, 2018, to April 25, 2023 — regardless of the perpetrator or whether assaults were reported.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

After almost two decades of working with the Tennessee Bar Association, initially as a contractor and currently as an employee, Technical Systems Administrator Dave Bevis is retiring from the organization. "I have enjoyed working at TBA and wish the organization, and especially the staff, much success going forward," he said. Bevis plans to stay busy building furniture and other items (and keeping all his fingers) as well as working on some technology projects centered around accessibility for people with disabilities. Executive Director Sheree Wright said of his departure, “We are grateful to Dave for all he has done for the TBA, from developing the online CLE system to his patient way of solving our IT problems. We wish him well in this next chapter!” Applications are now being accepted for the position of technical systems administrator. Visit www.tba.org/careers to view the job description and apply.

Posted by: Julia Wilburn on Mar 12, 2024
News Type: Legal News

The Tennessee Court of Appeals has set aside a lower court’s decision that would have kept records related to a Shelby County child’s death from being released to the public, reports the Tennessee Lookout. The Department of Children’s Services (DCS) denied Memphis reporter Stacy Jacobson with WREG-TV access to complete case files as she sought to report on what the agency did or not do to protect a 14-year-old boy before he died from starvation in 2020. The public records lawsuit returns to Davidson County Chancery Court.


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