Memphis City Council to Vote on Enforcement of Curfew Laws for Minors

A resolution to enforce curfew laws for minors was today passed by the Memphis City Council public safety committee and will now head to the full council, the Daily Memphian reports. The measure, part of a broad strategy to fight a growing crime problem, would call on the Memphis Police Department to strongly enforce the curfews set by the Child Curfew Act of 1995. The act requires those 17 or 18 years old to not be out in public past 11 p.m. Monday through Thursday or midnight Friday through Sunday. Those 16 or younger are not to be out in public past 10 p.m. Monday through Thursday or 11 p.m. Friday through Sunday. Councilman JB Smiley expressed concerns that the resolution could increase the number of minorities sent to juvenile court, but MPD assured him that summons to the county’s Youth Resource Center can keep children accused of committing certain crimes from entering the juvenile justice system. The resolution will be considered at the Oct. 11 meeting.

TBA Talk Discussion Forum Now Available to Members

The TBA has upgraded its online discussion forum called TBA Talk, where you can post questions, request referrals, share knowledge, ask procedural questions and more. The online platform offers many of the same benefits of the now-replaced TBALink-Talk list serve, plus additional features for accessing posts online and conducting searches of past questions and responses. TBA Talk is free to all members. Sign up and additional information are available online. 

State Textbook Commission Needs More Staff, Attorney to Deal with New Law

The state’s textbook commission could need additional staff and an attorney to help deal with the aftermath of a new law that requires schools to catalog and publicize a list of all available library and classroom materials, the Tennessean reports. Tennessee Textbook and Instructional Materials Quality Commission Chair Linda Cash appeared before a legislative subcommittee today, suggesting the commission hire an independent attorney to answer commission questions. They are currently seeking legal answers from the Attorney General’s Office. The commission has until Dec. 1 to issue statewide guidance on the library materials law, including what is age-appropriate, which is not settled in state law, in addition to establishing an appeals process for local decisions on contested materials. The General Assembly passed the bill this year in response to allegations that students were being exposed to “inappropriate” school materials.

Shelby County Reappoints Chief Public Defender, Divorce Referee, County Attorney

The Shelby County Commission has approved 10 executive reappointments by Mayor Lee Harris as he begins his second four-year term, the Daily Memphian reports. Shelby County Chief Public Defender Phyllis Aluko, Divorce Referee Cary Woods and County Attorney Marlinee Iverson were among the reappointments. Commissioner Edmund Ford Jr. cast the only vote against Iverson’s reappointment, saying the county attorney’s office has been “political” during Iverson’s tenure. Harris praised Iverson for managing “dozens of lawyers and hundreds of lawsuits.”

Photo: Daily Memphian

Ruling Ends Yearslong NCAA Investigation of Memphis Basketball Program

A yearslong NCAA infractions investigation into the University of Memphis basketball program came to an end today after an Independent Accountability Resolution Process (IARP) ruling found the university committed four Level II and five Level III violations. The men’s basketball program faces three years of probation, $5,000 in fines and must vacate two wins in which former star player James Wiseman participated. The investigation stemmed from inducements Wiseman’s family received before he enrolled at Memphis and for NCAA allegations that he played in three games while ineligible. The ordeal prompted Wiseman to file for a temporary restraining order against the NCAA in 2019. He later dropped the suit and withdrew from Memphis to prepare for the NBA draft. He currently plays for the Golden State Warriors. The Commercial Appeal has more on the story.   

Photo: Commercial Appeal

National Firm Polsinelli Moving to Nashville’s Fifth + Broad Development

National law firm Polsinelli has announced plans to leave its office in downtown Nashville’s Truist Plaza and move to the Fifth + Broadway development located at 501 Commerce, the Nashville Post reports. Polsinelli office managing partner John Peterson said in a release that the move would give the firm “the event space and amenities crucial to offering our clients and our attorneys the best-in-class experience the have come to expect from Polsinelli.” The firm will lease 37,429 square feet of space at the downtown mixed-use development. Polsinelli opened a Nashville office in 2015 and currently lists 29 Nashville-based attorneys on its website.

Photo: Nashville Post

AG Skrmetti Joins 18 States in Opposing Federal Energy Permitting-Reform Bill

Tennessee Attorney General Jonathan Skrmetti yesterday announced he would join 18 states in opposing the federal Energy Independence and Security Act of 2022. In a letter to Senate leadership, the attorneys general say the Act will “allow the restriction of the electric grid by abrogating states’ traditional authority to set their own resource and utility policies, and upset the careful balance of states and federal authority that has been a cornerstone of the Federal Power Act (FPA) for nearly a century.” Skrmetti also expressed concern that the bill would threaten “Tennessee’s continued access to affordable, reliable, resilient power.” Read more from the AG’s Office.

State Asks Court to Reject Challenge to Voucher Program

The Tennessee Attorney General’s office asked a Nashville court last week to throw out Shelby and Davidson counties’ challenge to the private school voucher law, the Daily Memphian reports. State lawyers argued before the Davidson County Chancery Court on Sept. 19 and in a Sept. 21 court filing that the counties do not have legal standing to challenge the Education Savings Account law because they cannot prove the law would harm the school systems or violate students’ right to a free public education. “No fundamental right is implicated by the ESA Pilot Program,” said newly installed Attorney General Jonathan Skrmetti.

TBA President Joins YLD Board for Fall Meeting

TBA President Tasha Blakney joined the Young Lawyers Division Board for its Fall Meeting this past weekend in Orlando. Blakney spoke about her initiatives and TBA’s legislative priorities for the year and took questions from the group. She also joined board members for a networking event at Epcot. The TBA YLD Board held its Fall Meeting in conjunction with a Southeastern States Young Lawyers Regional Summit. See photos from the Fall Meeting and, in case you missed it, see photos from the Summit.

Blakney with Mock Trial Vice Chair Ashley Tipton (left) and District 2 Representative Amanda Howard

First Southeastern Young Lawyers Regional Conference Kicks Off in Orlando

Young lawyers from across the southeast are gathering in Orlando, Florida, this weekend for the first Southeastern States Young Lawyers Regional Summit. Tennessee is one of three host states of the event. Today’s programming featured five educational sessions, including a panel on young lawyers seeking judgeships, which included Tennessee’s youngest and newly elected Eighth Judicial District Criminal Court Judge Zack Walden; a session on diversity, featuring TBA Young Lawyers Division President-Elect Quinton Thompson of Memphis; a discussion of trust accounting with Jackson lawyer Kortney Simmons; and a session on managing non-attorney staff with Chattanooga attorney Claire Tuley. The TBA Young Lawyers Division is holding its Fall Board Meeting sessions tomorrow. See photos from the event.

TBA YLD President Brittany Faith displaying the AirPods she won during Networking Bingo

Court Denies TLFCP Petition to Increase Attorney Registration Fees for Now

The Tennessee Supreme Court last week denied a petition from the Tennessee Lawyers’ Fund for Client Protection (TLFCP) to increase the annual attorney registration fee from $170 to $185 and to raise the portion of the fee it receives to $25. The court, however, said the petition “highlighted the need for a comprehensive review of the sufficiency of the annual registration fee and the allocation of funds” and that it would conduct such a review itself. At the completion of the review, the court said it would reconsider the request on its own motion. The court did grant two other TLFCP requests: (1) to modify the limitations on payments it may make by increasing the per-attorney cap and making the aggregate cap discretionary; and (2) to require it to publicize information about claims that are paid. These changes were made in Tennessee Supreme Court Rule 25, section 6.01(c), and Rule 9, section 28.11, and are spelled out in the attached order.

Senate Investigation Finds Hundreds of Uncounted Deaths in Custody

The U.S. Senate Permanent Subcommittee on Investigations says it has uncovered “shocking long-term gaps in federal oversight, including hundreds of uncounted deaths in 2021 alone.” Committee Chair Jon Ossoff, D-Georgia, expounded on the findings, saying the investigation uncovered nearly 1,000 deaths in custody in 2021 that went uncounted by the Department of Justice. The committee reports that the Justice Department has been inconsistent with the publishing of data, despite the Death in Custody Act, which requires a count to be made each year. In 2000 and 2014, Congress again passed legislation directing the department to comply with the law but the committee says the department shows no sign it is about to restart reporting the data. Read more of the committee’s findings in a piece by Poynter (scroll to the last article).

LAET to Host Free Clinic in Loudon County

Legal Aid of East Tennessee will host a free clinic in Loudon County on Oct. 1. Attorneys interested in volunteering can sign up online or email Caitlin Torney at CTorney@laet.org. The clinic will focus on power of attorney, health care power of attorney and living will forms. It will be held from 9 a.m. to noon CDT at the Church of the Resurrection, 917 Pond Rd., Loudon 37774. The clinic is partnership between Legal Aid, the Tennessee Supreme Court’s Justice for All initiative and the Duncan School of Law. View a flyer for the event.

Expungement Clinic Workday Planned for Sept. 30

Legal Aid of East Tennessee, the Chattanooga Bar Association YLD and the TBA YLD are hosting an expungement clinic workday on Sept. 30 from 2:30-4:30 p.m. EDT at the Edney Innovation Center in Chattanooga. Volunteer attorneys will gather and work together to review client records for expungement eligibility. To volunteer sign up online or email mdevoe@laet.org.

Memphis Firm Seeking Family Law Associate

The Memphis firm of Rogers, Brackin & Davis PLLC is seeking an associate attorney to work in its Family Law Group. Candidates should have one to two years of experience. Duties will include conducting legal research, drafting pleadings, participating in court hearings and working with clients and opposing counsel. The ideal candidate will have some courtroom experience and strong legal research and writing skills. Read the full job description and learn how to apply on the TBA's JobLink platform.

Corporate Counsel: How to Be a Strategic Business Partner Coming Next Month

While corporate counsel are best known for their legal advice, let’s talk about how you can take it to the next level with your stakeholders. Join the TBA Corporate Counsel Section’s Executive Council for a virtual session on tips of the trade and practical guidance to set yourself apart as a strategic business partner to your client. The webcast “Corporate Counsel 2022: How to Be a Strategic Business Partner,” is set for Oct. 18 from noon until 1 p.m. CDT. Learn more and register here.