Gov. Lee Nominates Judge Wagner to Supreme Court

On Feb. 1, Gov. Bill Lee nominated Shelby County Circuit Court Judge Mary L. Wagner to fill an upcoming vacancy on the Tennessee Supreme Court, the Administrative Office of the Courts reports. “Mary is a highly qualified judge who will bring significant experience to the Tennessee Supreme Court,” Gov. Lee said in making the announcement. Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022. Her nomination now must be approved by the General Assembly. The Tennessean has more on the process.

Report: 6th Circuit Court Judge Stranch to Take Senior Status

Judge Jane Branstetter Stranch is planning to step down from active service on the U.S. Sixth Circuit Court of Appeals, according to a report from Reuters. Stranch, appointed by former president Barack Obama, plans to take senior status following confirmation of a successor. Prior to joining the court, Stranch was managing partner of Branstetter Stranch & Jennings in Nashville with a practice focused on labor and employee benefit matters. The move gives President Joe Biden another appointment to the court. The president has not yet nominated a replacement for Judge Julia Smith Gibbons, also from Tennessee, who said in August that she would take senior status once a successor was confirmed. Senior status is a form of semi-retirement for judges over the age of 65 who have completed at least 15 years of service on the federal bench.

Bar Foundation Director Barri Bernstein to Retire

Tennessee Bar Foundation Executive Director Barri Bernstein has publicly announced her decision to retire in mid-2024. Bernstein was the initial executive director of the foundation and has served in the role since 1985. In a statement released today, Board Chair Judge John W. Whitworth said Bernstein built the foundation “from the ground up,” providing “innovative leadership” that led to better access to legal assistance for lower-income Tennesseans. “We are grateful for Barri’s longtime service and to know that she will be available in an advisory role to the Board and to her successor.” The search for a new executive director has begun. Information about the position and how to apply is available at online.

Federal Judge Denies Restraining Order in NCAA NIL Rules Case

A federal judge has denied a requested temporary restraining order, creating a delay for Tennessee and Virginia in their quest to pause NCAA rules regarding name, image and likeness (NIL) benefits for college athletes, reports the Tennessean. The ruling leaves the current NIL rules in place for Wednesday, the start of the Division I football regular signing period, when recruits can sign a letter of intent with a university. The same judge will hear arguments for a lengthier preliminary injunction in a Greeneville courtroom Feb. 13.

Photo: Tennessean

Knoxville Bar Foundation Announces Requests for Grant Proposals

The Knoxville Bar Foundation (KBF) is now accepting requests for grant proposals. The deadline is March 8. The KBF’s goal is to facilitate and support projects and programs that seek to improve the administration of justice, enhance the public’s understanding of and confidence in the legal system, support access to the legal system, and serve the legal profession. Since 1997, the KBF has awarded approximately $560,000 in grants for local law-related projects. In 2023, the KBF board approved 12 grant requests totaling $25,000. Awards will be announced in May. Learn more and apply.

Memphis Law Wins 2nd Place in National Moot Court Competition

The University of Memphis School of Law won second place in the nation in the 74th Annual National Moot Court Competition, held Jan. 31 at the New York City Bar Association. The national finalist team was comprised of students Thomas Fletcher, Kelsey McClain and Derrick Shawver and coached by Professor Barbara Kritchevsky. McClain also won the Best Brief Award and was runner-up for the Best Oralist Award in the final round. More than 130 teams competed in the competition, with the top two teams from each region traveling to the finals. Learn more about the competition.

Photo: University of Memphis School of Law

Legal Sector Jobs Drop in January

The U.S. Bureau of Labor Statistics is out with a new jobs report for January. For the legal sector, the bureau found that jobs dropped from an all-time high of 1,192,200 in December to 1,187,800 last month: a loss of 4,400 jobs. The count includes a range of legal workers at law firms, companies and other organizations of all sizes, including paralegals and assistants, but the majority are lawyers. The largest law firms in the United States appear to have slowed hiring amid relatively flat client demand, Reuters reports.

YLD, Judicial Conference Hold 1st Reception

Members of the legal profession gathered last week at the Memphis office of Morgan & Morgan for the TBA Young Lawyers Division's (YLD) first Bar and Bench event. Under the leadership of YLD President Quinton Thompson, these networking events will occur across the state, giving young lawyers an opportunity to network with peers and sitting Tennessee judges. Watch for information about future locations and dates. See photos from the Memphis event.

Criminal Appeals Judge McMullen Honored by Memphis AWA

The Association for Women Attorneys (AWA) of Memphis honored Tennessee Court of Criminal Appeals Presiding Judge Camille McMullen with the Marion Griffin-Frances Loring Award at its annual banquet on Jan. 25. The award is presented to someone who exhibits outstanding achievement in the legal profession. “Marion Griffin and Francis Loring were pioneers in the fight for civil rights and social justice,” said Judge McMullen. “Through their collective power, these women worked tirelessly to advance gender equality across Tennessee. I applaud the AWA for establishing this award, which serves as a testament to the shoulders upon which we stand as women in the law. I am thankful and deeply moved to be recognized with this incredible honor.” McMullen was appointed to the Court of Criminal Appeals in 2008. In 2023, she was elected the first woman and the first African American to lead the 12-member court.

Photo: Tennessee Administrative Office of the Courts

AG Announces $350M Opioid Settlement with Publicis

Tennessee Attorney General Jonathan Skrmetti has announced a $350 million national settlement with Publicis Health to resolve investigations into the firm’s role in the prescription opioid crisis. Tennessee will receive more than $9 million from the settlement. Proceeds will be deposited into the state’s Opioid Abatement Fund. To date, Tennessee has reached legal settlements totaling more than $1 billion related to the opioid crisis. Today’s filings in Knox County Circuit Court describe how Publicis aided Purdue Pharma and others to market opioids. Read the full release.

New Bar Exam Replaces ExamSoft Platform

The National Conference of Bar Examiners said Tuesday it has replaced ExamSoft, the testing platform that suffered a series of tech problems, with Surpass Assessment, reports Reuters. The revamped bar exam is set to debut in July 2026. The switch to Surpass Assessment software comes after ExamSoft paid $2.1 million in 2015 to settle a lawsuit brought by bar exam takers who could not upload their test answers, an incident that became known as “barmageddon” in legal publications. ExamSoft's software also came under scrutiny during the pandemic when many states administered the exam remotely using laptop microphones and cameras to monitor for cheating.

Photo: Reuters

Tennessee Innocence Project Achieves 1st Memphis Exoneration

Tennessee Innocence Project (TIP) has announced that all charges have been dismissed against its client Artis Whitehead. The move follows the overturning of Whitehead’s conviction in December 2023. The exoneration is the sixth for the organization in the state and the first in Memphis. TIP Executive Director and Lead Counsel Jessica Van Dyke said, “TIP has been working on this case for the last four years because we believed in Mr. Whitehead’s innocence, and we appreciate the DA’s Office's diligent investigation and attention to detail. They got to the bottom of this case and ensured that justice was served appropriately for Mr. Whitehead and his family.” Whitehead was arrested on Jan. 31, 2003. His exoneration comes 21 years from the exact day he was arrested. He served almost 21 years after being wrongfully convicted for a 2002 robbery at B.B. King’s Blues Club on Beale Street.

Photo of Whitehead: TIP

Tennessee Hosts State Supreme Court Chief Justices

The Tennessee Supreme Court last week hosted state supreme court chief justices from around the country as the Conference of Chief Justices (CCJ) held its Mid-Year Meeting in Nashville. While normally only the chief justice from each state attends CCJ conferences, all five of Tennessee's justices were able to attend since the state hosted the event. Sessions included the impact of AI on the administration of justice, the practice of law and law school curricula, in addition to ethical considerations related to AI in litigation and the judiciary. The justices also heard Tennessee author Keel Hunt, Nashville School of Law Dean William Koch and Nashville attorney Hal Hardin recount the story of how former Gov. Lamar Alexander took his oath of office early to stop a pardon scandal. That account is chronicled in Keel’s book “Coup.”Learn more about the meeting.

Photo: Tennessee Chief Justice Holly Kirby

Sexton Proposes Amendment to Constitution on Bail Limits

Speaker Cameron Sexton, R-Crossville, has introduced an amendment to the state constitution that would allow judges to deny bail to defendants accused of certain violent offenses. The Daily Memphian reports that the amendment prohibits the consideration of the defendant’s ability to pay in setting bail and expands the discretion judges currently have to approve or deny bail for the crimes covered by the 2022 “truth in sentencing” law, a mandatory-minimum law for violent offenses. It would require the judge to explain in the case record why they decided to grant or deny bail. The change would have to be approved by a simple majority of both chambers this year and by two-thirds of both chambers in 2025 before being placed on the November 2026 ballot as a yes/no question. “This is the extra added option judges need now,” House Majority William Lamberth, R-Portland, said. “Right now, a judge absolutely should not set a bond so high with the purpose of making sure somebody can’t get that. That is absolutely unconstitutional and wrong. If any judge is doing that, they’re going to get overturned.” The move comes after Sexton and other leaders announced a new effort in Memphis last week.

Proposed House Bills Would Block Return of Expelled Lawmakers

State Rep. Johnny Garrett, R-Goodlettsville, filed HB 2716 today to prevent a state lawmaker expelled for "disorderly behavior" from being tapped to fill their own seat, reports the Tennessean. Currently, under the state constitution and state law, local governing bodies have full latitude to fill a legislative vacancy as they see fit, so long as the person is an eligible voter in the district that is being filled. In addition, Rep. Brian Richey, R-Maryville, has introduced House Joint Resolution 706, which would amend the state constitution to prohibit an expelled lawmaker from qualifying for office for four years following an expulsion. That resolution passed out of its first subcommittee this week. Tennessee's constitutional amendment system requires two rounds of legislative approval, with an election in between, before questions go to a popular vote during a gubernatorial election year. That means the soonest either of these measures could go before voters would be November 2026.

AG Issues Opinion on Proposed National Guard Bill

Tennessee Attorney General Jonathan Skrmetti published an opinion on Jan. 19 about a proposed bill that would prohibit the Tennessee National Guard from being released into federal active duty combat unless the U.S. Congress declares war. The Tennessean reports that HB1609, sponsored by Rep. Jay Reedy, R-Erin, would make exceptions to expressly execute the laws of the union, repel an invasion or suppress an insurrection. Skrmetti's opinion says the proposal is “constitutionally suspect” under the Supremacy Clause of the U.S. Constitution. “While the constitutionality of the War Powers Resolution has been questioned, it remains controlling federal law ... Under the War Powers Resolution, Congress may authorize the president to use military force without a declaration of war, and even when Congress may decide to make a declaration of war, the War Powers Resolution allows the president to use military force before any such declaration is made.” Read the opinion.

Tennessee Lawyers Honored at ABA Midyear Meeting

University of Tennessee College of Law Dean and Elvin E. Overton Distinguished Professor of Law Lonnie T. Brown Jr. was honored at a reception Saturday evening at the American Bar Association’s (ABA) Midyear Meeting in Louisville, Kentucky. Meeting attendees from across the country gathered to celebrate Brown’s leadership at the law school. In addition, former University of Tennessee College of Law professor Penny White received the ABA Tort Trial and Insurance Practice Section’s (TIPS) Robert B. McKay Law Professor Award. The award recognizes law professors who have shown commitment to the advancement of justice, scholarship and the legal profession, demonstrated by outstanding contributions to the fields of tort, trial practice or insurance law. Until her retirement in 2022, White was the Elvin E. Overton Distinguished Professor of Law and served as the director of the school’s Center for Advocacy and Dispute Resolution. See photos from the two events.

From left: Immediate Past TBA President Tasha Blakney, Brown, TBA President Jim Barry

TBA Executive Director Wright Speaks on Panel at NCBP

TBA's Executive Director Sheree Wright took part in a panel discussion at the National Conference of Bar Presidents (NCBP), held during the ABA Midyear Meeting in Louisville, Kentucky. The panel discussed the importance of organizational stability and ensuring a smooth transition when a bar association hires a new chief staff executive. Wright was joined by David Blaner, executive director of the Allegheny County Bar Association/Bar Foundation in Pennsylvania, and moderators Rick Kaplan, past president of the Beverly Hills Bar Association, and Erica Laughlin, past president of the Allegheny County Bar Association. See photos from the event.

Photo: TBA Past President Tasha Blakney, Wright at NCBP

ABA HOD Adopts Free Speech Policies for Law Schools, Other Policies

The American Bar Association’s (ABA) House of Delegates (HOD) approved a new policy this week that requires law schools to adopt free speech policies in order to maintain their accreditation, reports Reuters. The new policy, approved by a voice vote, requires that law schools develop and publish policies that “encourage and support the free expression of ideas.” The change comes after several high-profile incidents where law students disrupted speakers and amid campus tension over the conflict between Israel and Hamas. The HOD, which is the association’s policymaking body, also approved nearly 30 other new policies, including opposing laws that limit teaching about race or gender; urging governments to follow federal reporting guidelines for deaths in custody; opposing the suspension or removal of elected prosecutors for personal or partisan reasons or without due process; and supporting the Uniform Collaborative Law Rules and Uniform Collaborative Law Act. Read more about the new policies.

Register for February Black-Owned Business Clinic

Registration is now open through Feb. 12 for the next free advice clinic for Black-owned small businesses and nonprofits. The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. The clinic will take place on Feb. 15. Attorneys should email vlpa@abcnashville.org to volunteer.

Bessie Smith Cultural Center Hosts Screening of 'Gospel'

The Bessie Smith Cultural Center in Chattanooga will host a screening of the new film "Gospel" this Thursday from 6-7:30 p.m. EST. Hosted by acclaimed scholar Henry Louis Gates Jr., "Gospel" explores Black spirituality in sermon and song. The screening will be followed by a community discussion on the evolution of the film. Registration is free but required.

ABA President Reflects on Black History Month

February is Black History Month and to commemorate the recognition, ABA President Mary Smith says the association honors “the work of Black legal trailblazers who have played pivotal roles in the advancement of civil rights” while also recognizing the need to address “significant racial disparities in the legal profession.” She highlights the gap between the percentage of Black Americans in the U.S. population — 14% — and those in the legal profession — 5% — saying that difference means there is an “urgent need for systemic change.” She also calls on legal professionals to reaffirm their commitment to diversity and inclusion objectives to achieve a more inclusive profession. Read the full statement.

Robertson, Wade in Conversation at Literary Festival

Suzanne Craig Robertson, former editor of the Tennessee Bar Journal, and Gary Wade, former chief justice of the Tennessee Supreme Court, will be featured speakers at the Rose Glen Literary Festival in Sevierville on Feb. 24. Robertson is the author of “He Called Me Sister: A True Story of Finding Humanity on Death Row," the story of her family's 15-year friendship with Cecil Johnson, who was on Tennessee's death row and was executed in 2009. Johnson's final appeal prior to his execution for multiple counts of first-degree murder was heard during Wade's tenure as chief justice. Join them for an engaging conversation highlighting their perspectives on Johnson’s life and legacy. The event will take place from 2-3 p.m. EST at the Sevierville Convention Center, 202 Gists Creek Rd., Sevierville 37876.

Services Held Today for Mississippi Lawyer with Tennessee Ties

William Hoytte "Bill" Austin Jr. died on Jan. 29 at age 88. Originally from Mississippi, Austin graduated from The University of Mississippi in 1956, returning home to Lake Cormorant to manage his family farm, the largest dairy cattle herd and operation in the state of Mississippi at the time. Under his leadership, Austin Farms built the most advanced milking parlor facilities in the south. When the family farm was sold, Austin decided to make a career change. He attended Memphis State School of Law and received his law degree in 1972. Austin opened his own practice in 1977, known today as The Austin Law Firm. Licensed to practice law in Tennessee, he was a fellow of the Mississippi Bar Foundation and past president of the DeSoto County Bar Association. Memorials may be sent to The William Hoytte Austin Jr. Endowed Scholarship at Northwest Mississippi Community College, 4975 Highway 51N. Senatobia, MS 38668.

Supreme Court Refers Anderson County Lawyer to BPR

The Tennessee Supreme Court on Jan. 30 issued an order referring Anderson County lawyer Matthew Allen Birdwell to the Board of Professional Responsibility for whatever action the board deems warranted. The court took the action after Birdwell pleaded guilty to possession of a handgun while under the influence, a Class A misdemeanor, in the Criminal/Circuit Court for Anderson County. He received judicial diversion.

Supreme Court Transfers 3 Lawyers to Disability Status

The Tennessee Supreme Court today transferred the law licenses of three attorneys to disability inactive status. They are: Hamilton County lawyers Jeffrey D. Boehm and Carol Anne Mutter and Williamson County lawyer William Howard Knapp. The lawyers may petition the court to be reinstated upon showing that the disability has been removed.

27 Lawyers Suspended for Fee, 15 for IOLTA Violations

The Tennessee Supreme Court recently suspended 27 attorneys for failure to pay the annual registration fee; 15 of them also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2024 or access all administrative suspensions dating back to 2005.

YLD Plans 2 New Installments in Rookie's Guide Series

The TBA Young Lawyers Division (YLD) is back with two new installments of its Rookie's Guide Series, which is designed to shed light on the foundational pillars of various legal disciplines. Each segment offers a deep dive into a practice area, ranging from the structured world of employment law to the nuances of family law. Specially curated for the next generation of Tennessee's legal professionals, this series promises more than knowledge — it paves the path to excellence. The February installment of the series will focus on family law, with topics such as divorce proceedings, child custody conflicts and adoption processes. In March, the series will focus on estate planning, with sessions on drafting, trust creation and asset protection. If you missed the initial offering in December, check out the personal injury installment now available on demand.

TBA Law Tech Lunch & Learn Series: Memphis

Join us for our continuing Law Tech Lunch & Learn Series in Memphis on March 15 for a discussion on how AI impacts attorneys. The first session will provide an introduction to AI and how it can be incorporated into your practice. The second session will feature Memphis attorney Greg Siskind discussing ethical considerations with AI. Registration and lunch will begin at 11:30 a.m. CST.

Webcast: Become a Better Legal Writer

Bring your computer (or your pencil if you’re old school — no judgment) and get ready to write. On March 27 from 9-10 a.m. CDT, Stuart Teicher will share multiple exercises that participants will do individually and then discuss as a group to help them become better legal writers. Attendees will learn the best way to integrate sources into their legal writing, how to write in plain English, how to rework complicated passages and more! Eligible for one dual CLE credit.

Sign Up Now for TBA Mentoring Program

The TBA Mentoring Program is a six-month experience designed to foster mutually beneficial relationships between attorneys — no matter age or years of practice — and connect members with resources to assist in the mentoring relationship. To participate as a mentor, you must be a TBA member and be available to talk with your mentor/mentee two times per month via phone, email or text. Sign up to participate as a mentee here. All are encouraged to check out the mentoring resources we have developed.