The TBA Elder Law Section will host a free webinar for TBA members on Dec. 14 to explore ethical issues when representing older clients. The presentation will delve into questions involving what to do when you suspect a client is mentally impaired, who the client really is when family members show up for the legal consultation, the ethical duties required when children pay for work done for their parents, and more. One hour of dual CLE credit is available for a $50 processing fee. Learn more and register here.

WSMV Investigates yesterday published a piece highlighting one family’s experience with Tennessee’s current system of court-appointed representation in the juvenile and criminal courts. A shortage of court-appointed attorneys representing the indigent in Tennessee has led to people languishing in jail despite having not been convicted of a crime, the news outlet reports. Part of that shortage is due to the low reimbursement rate for these court-appointed attorneys. Tennessee's rate is the lowest in the country at $50 per hour and has not changed in more than 25 years. The Administrative Office of the Courts announced in October that it would ask the state legislature to increase compensation for court-appointed attorneys in the juvenile and criminal courts.

The U.S. Department of Justice (DOJ) today announced that Tennessee’s decades-old aggravated prostitution statute violates the Americans with Disabilities Act (ADA). The Associated Press reports that Tennessee is the only state in the nation that imposes a lifetime registration requirement on a “violent sex offender” convicted of engaging in sex work while living with HIV, regardless of whether the person knew they could transmit the disease. The DOJ is calling on Tennessee to not only stop enforcing the law, but also remove those convicted under the statute from the sex offender registry and expunge their convictions. In October, several groups — including the ACLU of Tennessee, Transgender Law Center, OUTMemphis and several Jane Does —also filed suit over the law.

It's time for TBA's Year End CLE event! This annual tradition brings you quick and easy content, right from the comfort of your own home or office, whether you need one hour of CLE or 15. There is a quality mix of packages based on hours needed or topic, live webcasts and on-demand video — all offered virtually. And our excellent customer support at cle@tnbar.org will get you through the finish line for your 2023 CLE requirements. Select packages by hour or topic, or choose your own CLE options anytime by visiting cle.tba.org to access over 200 on-demand programs. Topical packages include attorney wellness, Convention 2023 programming and law practice management, as well as packages from each of our 33 different practice areas!

The Tennessee District Attorneys General Conference (TNDAGC) announced that, beginning today, Meghan Fowler will serve as the conference’s new West Tennessee pro tem prosecutor. The TNDAGC Legal Services Division facilitates the processing — and in some cases prosecution — of all criminal cases for which a local district attorney general or judge has identified a conflict of interest that requires recusal. Fowler is a career prosecutor who has previously served as an assistant district attorney in both Tennessee and Mississippi. Read the group's press release.

Lincoln Memorial University (LMU) Duncan School of Law is seeking attorneys and judges who would be willing to be interviewed for 30 minutes by law students in the spring semester of 2024. As part of a new required 1L class, students will be interviewing attorneys and judges about the role that one of the following values has played in their legal careers: service, excellence, resilience, integrity, empathy and self-awareness. Interviews may be done via Zoom, telephone or an in-person meeting, as convenient to the interviewee. If you are interested in participating, please share your contact information by filling out this form.

Three of the nine corrections officers indicted in the beating death of Shelby County Jail inmate Gershun Freeman allegedly beat another inmate, Corey Lurry, days before Freeman’s death. Lurry filed a pro se motion in Memphis federal court on Nov. 12, alleging a violation of his civil rights. The Daily Memphian reports that the motion requests the court to review camera footage of the attack, to hold jail staff accountable for “unjust actions” and award $15 million for “physical, mental and emotional stress/PTSD” that the alleged attack caused.

Chancellor Russell T. Perkins yesterday filed a temporary injunction against musician John Oates, who is trying to sell his shares of Whole Oats Enterprises to third party publisher Primary Wave Music. Daryl Hall, the other half of the music duo Hall & Oates, filed a lawsuit in Davidson County Chancery Court on Nov. 16, alleging the sale violates a business agreement between the musicians. The Tennessean reports that the injunction blocks the sale until a private arbitrator hired to weigh in on the dispute decides whether a restraining order in the arbitration is appropriate, or until Feb. 17, 2024, at 1 p.m. CST, whichever comes first.

Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, has died at age 93. Nominated to the court by President Ronald Regan in 1981, O’Connor served until 2006. In his nomination, Reagan called her “truly a person for all seasons, possessing those unique qualities of temperament, fairness, intellectual capacity and devotion to the public good which have characterized the 101 brethren who have preceded her.” During her tenure, O’Connor became known as a moderate conservative and was often the deciding vote on thorny social issues, including affirmative action and abortion rights. Chief Justice John Roberts described O’Connor as a “patriot” and a “fiercely independent defender of the rule of law, and an eloquent advocate for civics education.” CNN has this remembrance. Members of the Tennessee judiciary also reflected on O'Connor's impact as a jurist.

State Rep. Jay Reedy, R-Erin, has filed a bill to give most dependents of Tennessee veterans with a 100% disability rating a “waiver of tuition, maintenance fees and student activity fees,” allowing the student to attend any public state university or college for free. WATE News in Knoxville reports that generally, a veteran who has a 100% disability rating is someone who was injured while serving. They cannot work and are mostly unable to take care of themselves because of their condition. In 2020, the U.S. Census Bureau estimated that Tennessee had more than 37,000 veterans with at least a 70% disability rating or higher.