The Tennessee Supreme Court today rejected a Memphis nursing home’s argument that the trial court could not consider whether a resident with Down syndrome was competent to authorize his brother to act as his agent. The court held the trial court correctly considered evidence that David Welch, a resident with Down syndrome, did not have the mental capacity to understand the document he marked in lieu of a signature that gave his brother, James, power of attorney. Go here to read the court’s opinion.

Tennessee access to justice leaders today announced creation of the Justice Frank F. Drowota Trust to provide supplemental funding for organizations providing legal services to low-income individuals. The announcement was made today during a luncheon at Equal Justice University in Murfreesboro. Leaders involved in the trust include TALS immediate Past Director Ann Pruitt, former TBA President Buck Lewis, Supreme Court Justice Sharon Lee and Justice Drowota’s wife, Claire Drowota, who will serve as trustees. Former University of Tennessee College of Law Dean Doug Blaze, TBA President Jim Barry and Pruitt will serve as trust advisors and trustee successors. In response to the announcement, Supreme Court Chief Justice Roger Page said, “Everyone in Tennessee’s judiciary and beyond thought Frank was the finest judge and finest person we had ever known. The Court is pleased that his memory is being honored in this way.” For more information and to support the Drowota Trust, contact Buck Lewis. See additional photos from the event.

The Memphis-based Community Legal Center has named Melissa Janoske McLean as its new associate executive director. Janoske McLean previously spent 18 years as a professor of public relations, public speaking and social media, including seven years with the University of Memphis. She earned a Ph.D. in public relations and crisis communication from the University of Maryland, and undergraduate and master’s degrees in organizational communication from Radford University.  The Community Legal Center is a nonprofit law firm that provides legal services for low-income and otherwise vulnerable Memphians.

The Tennessee Supreme Court reinstated three lawyers yesterday and three lawyers today who had been suspended for failing to complete annual continuing legal education requirements in 2022. View the Aug. 30 order, the Aug. 31 order or see the list of all those reinstated online.

The Equal Justice University welcomed a record 300-plus registrants to its annual program this week in Murfreesboro. Presented by the Tennessee Alliance for Legal Services and sponsored by the TBA and other groups, the three-day program launched yesterday with a presentation from Rachel Rossi, director of the U.S. Department of Justice's Office for Access to Justice. TBA President Jim Barry and Executive Director Sheree Wright both addressed today's luncheon crowd and the Drowota Trust was announced. The event wraps up tomorrow with a keynote address by Legal Services Corporation President Ron Flagg. Please look for a full story tomorrow on the Access to Justice Awards, presented throughout the conference. See photos from the event.

The American Bar Association (ABA) is mobilizing lawyers to provide legal services to victims of the recent wildfires on Maui. A telephone hotline has been activated to connect victims in qualifying counties who cannot afford an attorney to lawyers who can respond to disaster-related legal issues. Survivors can call the hotline between 9 a.m. and 5 p.m. local time on Tuesdays, Wednesdays and Thursdays. Lawyers interested in assisting can find opportunities online or donate to a special fund set up to support legal services in Maui. Read more about these efforts.

U.S. Department of Justice (DOJ) officials held a community meeting yesterday as part of its pattern or practice investigation into the Memphis Police Department, the Daily Memphian reports. Maureen Johnston, acting deputy chief of the DOJ Civil Rights Division’s Special Litigation Section, told attendees that the investigation “will be looking into whether there are violations of the Fourth Amendment uses of force that are excessive,” “whether there are violations of the Fourth Amendment in the way that the police department makes stops, conduct searches” and “whether there is discriminatory policing” in Memphis. Attendees then met in small groups with DOJ employees. Read more about issues discussed.

The University of Memphis School of Law has received a three-year $300,000 grant from the Everytown Law Fund, which will be used to hire a legal fellow to handle civil legal issues impacting victims of pediatric gun violence. The funds will go the Memphis Medical-Legal Partnership Clinic, the Commercial Appeal reports. New York-based nonprofit Everytown for Gun Safety finances a variety of litigation projects tied to gun violence, but the law school is the first recipient of a grant for an Everytown Legal Fellow. Law school Dean Katharine Schaffzin and Katy Ramsey Mason, director of the Medical-Legal Partnership Clinic, made the announcement yesterday.

U.S. Supreme Court Justice Clarence Thomas has disclosed three trips he accepted from billionaire Harlan Crow last year, according to documents made public today, The Hill reports. Thomas has denied any wrongdoing in accepting the trips, saying he was advised they fell under a personal hospitality exception and did not need to be reported. For one of the trips, Thomas said he flew private because of security concerns following the leak of the draft abortion opinion. The new financial disclosure form also includes supplemental information about a 2014 real estate transaction with Crow, which Thomas’ attorney said was “inadvertently omitted” from past reports. In 2014, Crow bought three properties from Thomas and his family.

The city of Memphis has hired former Shelby County Criminal Court Judge Bobby Carter to perform court monitoring duties at the Shelby County Criminal Justice Center, the Commercial Appeal reports. His hours are capped at 10 per week. Carter is expected to make periodic reports on the efficiency and transparency of the court system by observing cases and examining court records and data. The year-long contract will not be limited to criminal courts and can be extended for an additional year.