TBA Law Blog


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Posted by: Paul Burch on Jun 28, 2023

Attorneys for the Tennessee Office of Legislative Administration stated in a Davidson County Chancery Court filing last week they believe state public records laws don’t apply to the legislative body, reports the Chattanooga Times Free Press. In addition, the attorneys argue it would violate the separation of government powers for a court to compel them to release documents related to their ongoing investigation into sexual harassment allegations against former Republican Rep. Scotty Campbell. The statements were made in response to a lawsuit by Brian Manookian, who is seeking public records related to the ethics investigations and personal schedules of top House officials.

Posted by: Paul Burch on Jun 28, 2023
News Type: Legal News

The Florida Board of Bar Examiners say the state will not use the new version of the bar exam when it debuts in July 2026, reports Reuters. The test is currently being revamped by the National Conference of Bar Examiners. Florida is the fourth-largest bar exam jurisdiction in the U.S. behind New York, California and Texas. Nearly 2,800 law graduates took the exam in Florida in July 2022. The National Conference has said that it will offer jurisdictions a choice between the current Uniform Bar Exam and the NextGen Bar exam in 2026. But within two years, states will have to choose between the NextGen Bar exam or some other form of the test.

Posted by: Stacey Shrader Joslin on Jun 27, 2023
News Type: Legal News

The Daily Memphian recently launched a series of reports on local residents’ perceptions of crime and public safety. Each installment is based on results from a public safety poll it commissioned. Daily Memphian CEO Eric Barnes writes in an introduction that survey results must be a “wake-up call for Memphis” to address the lack of accountability, transparency and trust in the local criminal justice system. The first installment, published Thursday, looked at thoughts on local crime and desire for more police. Friday’s piece looked at the range of area support for gun reform while Saturday’s issue explored the problem of speeding. On Sunday, the paper looked at how residents feel about their city. Monday’s installment carried reaction to the poll from Mayor Jim Strickland and the eight candidates running for mayor. Today, the series wrapped up with a look at how perceptions compare to actual crime data.

Posted by: Paul Burch on Jun 27, 2023
News Type: BPR Actions

The state Supreme Court today permanently disbarred A. Sais Phillips Finney from the practice of law in Tennessee and ordered her to pay all costs incurred to the Board of Professional Responsibility. After final default hearing upon the disciplinary petition the hearing panel determined by a preponderance of the evidence that Finney failed to act diligently in the representation, failed to reasonably communicate with her clients regarding the status of their case, charged an unreasonable fee for the work performed, failed to refund all or a portion of client funds, failed to hold client funds in trust account, failed to respond to the disciplinary complaints and inquiries from the Board’s disciplinary counsel and knowingly violated the Tennessee Rules of Professional Conduct. Finney must comply with the requirements of Tennessee Supreme Court Rule 9, Sections 28.1 regarding the obligations and responsibilities of disbarred attorneys.

Posted by: Barry Kolar on Jun 27, 2023
News Type: Legal News

The 2023 edition of the Tennessee Rules of Professional Conduct is now available from the Tennessee Bar Association. This handy, pocket-sized edition of the Rules features convenient indexes and finding aids and was produced through the efforts of the TBA's Standing Committee on Ethics and Professional Responsibility. It is the first update since the 2018 edition and includes all amendments as of and through Nov. 30, 2022. It is available for purchase in a spiral-bound format for $40 or free in PDF format.

Posted by: Paul Burch on Jun 27, 2023
News Type: Legal News

The Court of Criminal Appeals has unanimously elected Judge Camille R. McMullen as its presiding judge. McMullen was appointed to the court by former Gov. Phil Bredesen in 2008. She is the first woman and the first African-American to lead the 12-member appellate court. McMullen succeeds Judge Curwood Witt of Knoxville. The presiding judge is elected by the members of the court and is tasked with managing the court’s docket, case assignments, meetings, committees and overall leadership.

Posted by: Paul Burch on Jun 27, 2023
News Type: Legal News

The FAA has informed Metro Nashville and the state of Tennessee that it will continue to recognize the current airport board until the Davidson County Chancery Court makes a ruling on a pending lawsuit that challenges a new state plan for the board, reports Axios. In June, Metro Nashville sued after state lawmakers voted to vacate the mayor-appointed airport board and create a new system by which the governor and Republican legislative leaders appoint six of the eight board members. In the suit, the city argues the law violates the state constitution’s prohibitions of legislation targeting one local government.

Posted by: Paul Burch on Jun 27, 2023
News Type: Legal News, Upcoming

The investiture ceremony for U.S. Bankruptcy Judge Rachel Ralston Mancl will be held Sept. 29 at 1:30 p.m. EDT, with a reception to follow. Details will be updated closer to the event. Mancl was sworn in at a private ceremony in April 2022. She succeeds Chief Judge Shelley D. Rucker who had been the acting bankruptcy judge in Greeneville since former Chief Bankruptcy Judge Marcia Phillips Parsons retired in September 2020.

Posted by: Paul Burch on Jun 27, 2023
News Type: U.S. Supreme Court

The Supreme Court ruled Tuesday in a 6-3 decision authored by Chief Justice John Roberts that state courts can act as a check on their legislatures in redistricting and other issues affecting federal elections, reports the Associated Press. The ruling dismissed the “independent state legislature” theory, which would have given state lawmakers nearly unchecked power over federal elections. The ruling also upheld a decision by the North Carolina Supreme Court that struck down a congressional districting plan as excessively partisan under state law.

Posted by: Jarod Word on Jun 27, 2023

The TBA Committee on Racial and Ethnic Diversity will host a free webinar on Thursday, July 20 on the life of in-house counsel. Panelists will cover responsibilities of in-house attorneys in government, corporation and educational institution settings. Participants will describe how they manage outside counsel, work-life balance and the forever changing legal landscape. Considerations such as the closeness of clients and expectations of response time will also be discussed. One hour of general CLE credit is available for a $50 processing fee. Register now.


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