MALS to Lose Federal Funding

Memphis Area Legal Services (MALS) is losing its largest source of funding, effective June 30. According to the Daily Memphian, the congressionally funded Legal Services Corporation sent a letter to MALS Board Chair Brian Heim on April 5, stating that MALS had failed to improve operations and had not engaged in best practices to effectively provide legal services. Heim responded to the news saying, “MALS is assessing that funding decision’s impact on our ongoing operations. We are assessing the opportunities to convince LSC to reverse their decision.” The funding — roughly $1.7 million — will be turned over to West Tennessee Legal Services (WTLS), which is based in Jackson. That office is preparing to take over operations July 1.

TBA Board Declares 2 Vacancies, Accepts Applications for Appointments

Two open positions on the TBA Board of Governors will be filled by the body when it convenes on June 14 at the TBA Annual Convention in Memphis. During its spring meeting this past weekend, the board declared the vacancies in accordance with Article 47 of the TBA Bylaws. The openings are for a West Tennessee Grand Division Governor and a Middle Tennessee Grand Division Governor, each of which will serve a one-year term. To be considered for either position, email TBA Executive Director Sheree Wright with your interest by June 1. Please include a resume with your submission as well as any other information you would like the Board of Governors to consider.

February Bar Exam Results Now Available, Swearing in Ceremonies Set

A list of those who passed the February 2024 Tennessee bar exam is now available. Those who meet all licensing requirements will be sworn in at events across the state during the week of June 3. The Tennessee Supreme Court released the schedule yesterday. The court will meet on June 3 at 9 a.m. in Memphis and 1:30 p.m. CDT in Jackson; June 4 at 9 a.m. EDT in Knoxville and 2 p.m. CDT in Nashville; June 5 at 10 a.m. and 2 p.m. CDT virtually; and June 6 at 10 a.m. and 2 p.m. CDT virtually.

The Board of Law Examiners also released statistics about the February 2024 bar exam. According to the board, 262 individuals — 108 first time test takers and 154 repeaters — took the exam. They represent 74 different law schools and saw an overall pass rate of 40.1%. For first time test-takers at Tennessee law schools, the University of Tennessee College of Law and Vanderbilt University Law School saw a 100% pass rate, followed by Belmont University College of Law at 66.7%, Lincoln Memorial University Duncan School of Law at 40%. Nashville School of Law at 35.7% and University of Memphis School of Law at 33.3%. See all statistical information from the exam.

New Law School Rankings Released

New law school rankings from U.S. News & World Report are out with fewer big changes than previous years, according to Reuters. Schools in the top four spots remained in the same position and there were relatively few changes among the so-called T-14 schools. Further down the list, though, there was significant movement. Catholic University’s Columbus School of Law and Samford University’s Cumberland School of Law both had the largest gain, moving up 28 positions. The University of Louisville Louis D. Brandeis School of Law had the largest drop, declining 37. For Tennessee schools, Vanderbilt University Law School came in at 19 (down from 16 last year); University of Tennessee College of Law came in at 52 (down one spot from last year); Belmont University College of Law ranked 91 (up from 105 last year); University of Memphis School of Law placed at 140 (down from 125 last year); and Lincoln Memorial University Duncan School of Law came in at 165 (up from 175 last year). See the full list for this year. Compare results to the 2023 list.

ABA Names 3 Tennesseans to New Task Forces on Defense, Prosecutor Independence

The American Bar Association (ABA) has launched two new task forces aimed at ensuring independence in the defense and prosecution of criminal cases. The Task Force for Public Defense Independence has been created in conjunction with the ABA Criminal Justice Section and Standing Committee on Legal Aid and Indigent Defense, as well as the National Association for Public Defense. See the full list of task force and advisory board members. The ABA also has created the Task Force for Prosecutorial Independence. Members of this group include Vanderbilt University Law School Criminal Justice Program Director Christopher Slobogin. The task force will be assisted by an advisory board composed of national leaders, including former U.S. Attorney General Alberto R. Gonzales, now dean of the Belmont University College of Law, and former Tennessee and federal judge Bernice B. Donald. See the full list of advisory board members. The groups are tasked with preserving and strengthening defense and prosecutorial independence, respectively, and enhancing public understanding of how that independence is critical to the integrity of the criminal justice system.

Hearing Begins to Determine if Covenant Shooter's Writings Should Be Public

Nashville Chancellor I’Ashea Myles started hearing arguments this week from lawyers hoping to have records related to the mass shooting at The Covenant School released to the public. The hearing, which is expected to last into Wednesday, will determine whether some records are released. The Tennessean reports that the key to the case is whether to apply a state rule exempting records that are part of a "pending or contemplated criminal action" from release. Lawyers on different sides of the case differed on the application of the rule given the current status of the police investigation of the shooting.

Site for New Chattanooga Federal Courthouse Down to 2 Locations

The U.S. General Services Administration (GSA) is down to two sites for the planned new federal courthouse in Chattanooga, Chattanoogan.com reports. Those locations are: the TVA Building that spans Broad Street and the Hawk Hill site where the AT&T Field now stands. The 8th Street site is no longer under consideration. According to the news source, GSA anticipates a final site selection by this fall. According to WDEF, local officials are expressing opposition to the Hawk Hill site. The proposed new courthouse would encompass approximately 190,478 square feet, and include seven courtrooms, nine chambers and 40 secured parking spaces. View planning documents on the GSA website.

AOC Releases Podcast in Honor of Help4TN Month

In honor of Help4TN month, the Tennessee Administrative Office of the Courts (AOC) has released a new podcast episode focused on the Tennessee Justice Bus. Tune in to hear a discussion about the mobile legal law office bringing legal help to rural communities. Participants include Justice Elizabeth "Beth" D. Walker of the West Virginia Supreme Court of Appeals, Arkansas Supreme Court Justice Rhonda K. Wood, Tennessee Supreme Court Justice Jeff Bivins and Anne-Lousie Wirthlin, director of access to justice and strategic development at the AOC.

AG Joins Predatory Lending Suit, Issues Warning of Tax Return Scams

Tennessee Attorney General Jonathan Skrmetti has joined a multistate lawsuit against Mariner Finance over widespread violations of multiple consumer protection laws. The suit alleges that Mariner Finance charged consumers for hidden add-on products that consumers were not fully informed about or, in some instances, did not agree to buy. It also alleges the company engaged in illegal, aggressive sales tactics to extend credit to new borrowers.  Also this week, the AG’s Division of Consumer Affairs released a warning about tax return scams. The agency reminds Tennesseans to be wary of offers related to tax returns, including messages that an unclaimed refund is available, that a mistake was made on a return or that financial services are needed to settle tax debts with the IRS. Consumers may report scams to the Federal Trade Commission at ReportFraud.FTC.gov and unsolicited texts or emails claiming to be from the IRS to phishing@irs.gov.

U.S. Judicial Panel Approves Rule to Govern Mass Torts

A U.S. judicial panel has endorsed a proposed rule that would, for the first time, govern federal mass torts cases. The rule, unanimously approved by the U.S. Judicial Conference's Advisory Committee on Civil Rules, aims to give judges overseeing federal multidistrict litigation (MDLs) guidance on how to conduct early case management when they are tasked with overseeing hundreds or thousands of lawsuits. Data shows that MDLs have grown significantly in recent years and comprised 71.3% of the federal civil caseload at the end of last fiscal year. The rule now goes to the Judicial Conference's Committee on Rules of Practice and Procedure Meeting for further approval, Reuters reports.

Aderant and Vanderbilt Law Join Forces on AI Innovation

Legal technology company Aderant and Vanderbilt University Law School have joined forces to promote the use of artificial intelligence (AI) to enhance the practice of law. Aderant, a global provider of legal business management solutions, has introduced AI tools like MADDI to enhance law business management. The platform also is being used by the Vanderbilt AI Law Lab to explore how AI intersects with the delivery of legal services and access to justice. According to a news release, the partners kicked off the collaboration this week with an address to the law school by Aderant’s chief technology officer. The law lab’s co-director will appear at Aderant’s 2024 Global Momentum conference in Nashville May 6-9.

6 Governors, Including Lee, Issue Joint Statement Opposing UAW Campaign

Gov. Bill Lee has joined five other Southern governors in issuing a joint statement opposing the United Auto Workers’ (UAW) unionization campaign. The statement comes days before votes will be cast in a unionization effort at the Volkswagen plant in Chattanooga. The Tennessean reports that the election is being watched as a sign for whether unions can gain ground in the South, a region that has long resisted organized labor and in recent years has attracted both American and foreign car manufacturers.

Jelly Roll Faces Trademark Infringement Lawsuit

Nashville native and rap/country artist Jelly Roll, whose real name is Jason DeFord, is being sued for alleged trademark infringement. Kurt L. Titchenell is the leader of a Pennsylvania-based dance band called Jellyroll, and in his suit, he states that his band has used that name since March of 1980, more than four years before DeFord was born. The band received a trademark in August of 2010, and renewed that trademark most recently in December of 2019. Rolling Stone has more.

Photo: Getty

Supreme Court Appoints New Chair, Members to Access to Justice Commission

The Tennessee Supreme Court has appointed University of Tennessee College of Law Associate Professor and Clinical Director Joy Radice to serve as the next chair of the Access to Justice Commission. Her two-year term began on April 1. The court also appointed two new members to the commission. They are Junaid Odubeko, a partner in Bradley’s Nashville office, and Sevier County General Sessions Court Judge Dwight E. Stokes. The court also reappointed McKenna Cox for a second three-year term, which will end on March 31, 2027. Finally, the court thanked two term-limited members — Nashville lawyer John Farringer with Sherrard Roe Voigt & Harbison and Hamilton County General Sessions Court Judge Alexander McVeagh — for their service. The commission exists to provide collaborative leadership to create solutions and resources that address and eliminate barriers to justice for all. Read more from the Administrative Office of the Courts.

Legislature Passes 'Jillian's Law,' Sends Bill to Governor

The Tennessee State Legislature on Monday unanimously passed a bill that would involuntarily commit certain criminal defendants for inpatient treatment and temporarily remove their gun rights if they are ruled incompetent to stand trial due to intellectual disability or mental illness. Named for Belmont University student Jillian Ludwig, who was killed in November after she was hit by a stray bullet while walking near campus in Nashville, "Jillian's Law" requirements would kick in for defendants charged with felonies or class A misdemeanors. The Associated Press reports that the person would remain committed until they are deemed competent to stand trial, or until the court approves a mandatory outpatient treatment plan that accounts for the community’s safety. The bill now heads to Gov. Bill Lee.

Bill to Untangle Gun, Voting Rights Sent to Study Committee

Tennessee lawmakers have voted to send a bipartisan bill that would have let residents convicted of felonies apply to vote again without also restoring their gun rights to a summer study committee, the Associated Press reports. The move effectively kills the bill for the session. Some Republican leaders were sympathetic to the aims of the bill sponsors but questioned whether that particular piece of legislation was the correct solution. Republican House Majority Leader William Lamberth said, “I'm all for rewriting the code. But I don't think just this bill is the way to do it."

TBA Leaders Meet with Congressional Delegation During ABA Day on the Hill

Tennessee Bar Association leaders recently met with the members of the state’s congressional delegation in Washington. D.C., as part of the American Bar Association's (ABA) annual Day on the Hill. TBA President Jim Barry, President-elect Ed Lanquist, YLD President-elect Sean Aiello, ABA Resource Committee Chair Jonathan Cole and Executive Director Sheree Wright participated in the visits and other activities planned as part of the Day on the Hill event. Members of the group met with representatives from all nine congressional offices and both senators. The focus of this year’s ABA Day on the Hill was promoting support and funding for the Legal Services Corporation, as well as increased funding for federal public defenders, support for attorney-client confidentiality over prison email systems, reauthorization of the Higher Education Act and reforms to student lending. See photos from the event.

From left: Sheree Wright, Jim Barry, Sen. Marsha Blackburn

KBA to Hold Debt Relief Legal Advice Clinic May 4

The Knoxville Bar Association and the U.S. Bankruptcy Court for the Eastern District of Tennessee, in partnership with Legal Aid of East Tennessee (LAET), will hold a Debt Relief Clinic to provide pro bono legal services to income-eligible consumer debtors in Knox, Blount, Loudon and Sevier counties. The clinic will begin at 8:45 a.m. EDT at the Knox County Public Defender's Community Law Office, 1101 Liberty St., Knoxville 37919. Attorneys will volunteer to conduct initial meetings with the clients to discuss their situations and options. Those interested in helping, or those seeking advice, should call the LAET office at 865-637-0484. The deadline for client registration is April 26.

CCPBI Gala This Saturday in Nashville

The 2024 Corporate Counsel Pro Bono Initiative (CCPBI) Gala will be held Saturday evening at the Nashville office of Bass, Berry & Sims, located at the Pinnacle at Symphony Place. The event will be a cocktail supper, with live music and a brief presentation, including awarding the inaugural Branham Grants. The CCPBI, a partnership between the TBA Access to Justice Committee, TBA Corporate Counsel Section and the Tennessee Chapter of the Association of Corporate Counsel, established the grants in honor of long-time access to justice champion Andy Branham, who died in 2022. The Branham Grants support pro bono projects designed to provide civil legal resources and support for people with, affected by, or at risk for addiction in Tennessee, as well as those in recovery. Individual tickets may be purchased here. See photos from last year's event. 

You're Invited: 6th Circuit Bench Bar Reception

The U.S. 6th Circuit Court of Appeals will hold a Bench Bar Reception on April 30 from 4:30-6:30 p.m. CDT at the Tempo Hotel, 127 Rosa L. Parks Blvd., Nashville 37203. The event will occur during the court’s scheduled sitting in Nashville, April 29-May 3. RSVP here by April 26. The event will include a cash bar.

MBA to Host Reception for Judge Mary Wagner

The Memphis Bar Association (MBA) will hold a reception on May 2 to honor newly-confirmed Tennessee Supreme Court Justice Mary Wagner. The event will take place from 4-6 p.m. CDT on the second floor of the Judge D’Army Bailey Courthouse, 140 Adams Ave., Memphis 38103. Drinks and hors d’oeuvres will be provided. RSVP by April 29 to info@memphisbar.org or 901-527-3573. Wagner, who currently serves on the Shelby County Circuit Court, was confirmed by the Tennessee General Assembly on March 11. She will join the court after Justice Roger A. Page retires on Aug. 31.

Anderson County Bar Hosting Thank You Event for Judge Elrod

The Anderson County Bar Association will host a celebration on May 3 to thank Judge Tim Elrod for serving as temporary juvenile judge in the county. The event will take place from 10-11 a.m. EDT at the Anderson County Juvenile Court, 101 S. Main St., Clinton 37716. Coffee and light snacks will be provided. Elrod has been serving as the county’s juvenile judge since August 2023, while Judge Brian Hunt is deployed overseas. Contact Trina Hughes for more information.

ETLAW to Host Annual Supreme Court Luncheon

East Tennessee Lawyers’ Association For Women (ETLAW) will host its annual Tennessee Supreme Court Luncheon on May 21 from 11:30 a.m. to 1 p.m. EDT. Join the East Tennessee legal community at The Square Room, 4 Market Square, Knoxville 37902, to honor state Supreme Court justices and other members of the judiciary. Individual tickets are $50. A table of eight may be purchased/sponsored for $350. Register here by May 16. Contact Bianca White with questions.

Former TBA Board of Governors Member Nick McCall Dies

Knoxville attorney Jack H. "Nick" McCall Jr., 63, died April 13 on the final day of his family vacation in the Bahamas. McCall was a commissioned officer in the U.S. Army, serving as a Regular Army captain before receiving his law degree from the University of Tennessee, where he served as editor in chief of the Tennessee Law Review. He was of counsel with Hunton & Williams’ Knoxville office from 1994 to 2003, and served as general counsel and secretary of CTI Molecular Imaging Inc. from 2003 to 2005. During that time, he taught as an adjunct professor at UT Law. The author of various articles on legal, foreign policy and historical topics, and the author/co-author of three books, McCall served on the TBA Board of Governors as well as on the Knoxville Bar Association Board, and the founding board of Legal Aid of East Tennessee. He was a member of the TBA’s Leadership Law Class of 2005, among other honors, awards, activities and community service roles. In his last position, McCall served as a senior attorney and deputy designated agency ethics official with the Tennessee Valley Authority in Knoxville, from which he retired in 2021. Our thanks to the Knoxville Bar Association for its assistance with this story. Arrangements are pending.

Hawkins County Lawyer Remembered

Hawkins County lawyer James Nelson Point died March 26 at the age of 79. A graduate of the University of Tennessee College of Law, Point also held a master's degree in city planning. He served in the U.S. Navy as intelligence officer, stationed in Guantanamo Bay, Cuba. He later joined the Tennessee Valley Authority and then opened a law practice in Hawkins County in 1982. Among his clients, he represented the Holston Electric Cooperative, Rogersville Water Commission, Chip Hale Center and McKinney Cemetery. He also was delinquent tax attorney for 42 years. An active member of his local community, Point was a member of the United Way Board of Directors, a Rotary Club member for more than 20 years, and a volunteer basketball and softball coach for 30 years. Services were held last month. Memorial contributions may be made to the United Way of Hawkins County, P.O. Box 277, Rogersville, TN 37857.

Union City Lawyer Dead at 80

Union City lawyer Mary Ellen Stevens died April 4 at the age of 80. A native of Mississippi, Stevens put herself through law school and went on to work as an assistant district attorney in Obion County and in private practice in Union City. She was a member of the Obion County Junior Auxiliary and St. James' Episcopal Church. Funeral services were held last week.

Montgomery County Lawyer Temporarily Suspended

Montgomery County lawyer Joel David Ragland has been suspended from the practice of law after the Tennessee Supreme Court found that he misappropriated funds for his personal use and posed a threat of substantial harm to the public. Ragland is immediately precluded from accepting any new cases, and must cease representing existing clients by May 12.

Madison County Lawyer Censured

The Tennessee Supreme Court has censured Madison County lawyer Marcus Allen Lipham for violating Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.5(c) and 3.1. The court found that Lipham filed a lawsuit on behalf of a client that lacked any meritorious basis in fact or law. He then subsequently failed to file a response to the defense counsel’s motion to dismiss or seek leave to amend the original complaint, and agreed to dismissal of the suit with prejudice without his client’s informed consent. The court said Lipham also failed to respond to a motion for sanctions filed by defense counsel or notify his client of the motion hearing.

Maury County Lawyer Reinstated

Maury County lawyer James Thomas Dubois Jr. has been reinstated to the active practice of law today. Dubois had been on disability inactive status since Feb. 13, 2023. He filed a petition for transfer to active status on March 14. The Board of Professional Responsibility found that Dubois demonstrated he no longer suffers from a disability and the petition was satisfactory.

Court Considers Reciprocal Discipline for Connecticut Lawyer

The Tennessee Supreme Court has directed Connecticut lawyer Jason Russell Buckley to respond within 30 days as to why discipline imposed in the state of Maine should not also be imposed in Tennessee. The Maine Supreme Judicial Court suspended Buckley for one year on Sept. 7, 2023, after finding that he took two online CLEs simultaneously, one on his computer and one on his iPad, and filed for credit for both. The Tennessee court says that if no response is received it will impose a discipline with identical terms and conditions.

Dispute Resolution Forum Set for May 9

The TBA's 2024 Dispute Resolution Forum will be in person this year! An annual staple for Tennessee attorneys, the forum provides insight from top professionals in the alternative dispute resolution (ADR) vocation, while allowing attendees to meet with other mediators from across the state. Sessions include ethics grievance and arbitration demos, a discussion of community mediation centers, changes in the arbitrability of sexual assault and harassment claims, and a course that covers settlement malpractice. Make plans now to be in Nashville on May 9. Reserve your spot today!

Use TBA Benefits for Career Advancement

Need a change? TBA has the resources you need to grow as a leader, make a change to a new firm, or build your own firm. With TBA’s Career Center, Law Firm in a Box and 33 sections specializing in practice areas, members have access to hundreds of resources to find solutions for specific needs. TBA also offers two leadership programs focused on developing leadership skills and scaling your practice for growth. Start your membership here.

TBA Convention to Offer AI-Focused CLE, Joint Programming with TABL

Join your colleagues for the 2024 TBA Annual Convention in Knoxville, June 12-15, and earn up to eight hours of continuing legal education. This year's in-person CLE lineup will bring together an esteemed group of speakers to cover a variety of timely, essential legal issues. Hot topics include how AI is impacting the practice of law in Tennessee, the ethical considerations of AI and the annual legislative update. Other programs include "How to Be Your Best in the Virtual Legal World," produced by the TBA Young Lawyers Division, and "Exploring the Relationship Between Criminal Justice and Other Areas of Law," produced jointly by the TBA and the Tennessee Alliance of Black Lawyers (TABL). Learn more about these programs. Still need to register for convention? Get started here.

4 Apply for Shelby Judgeship Formerly Held by Boyd

Four candidates have applied to run for the Shelby County Criminal Court Division 9 judgeship formerly held by Melissa Boyd. If the state legislature does not move the seat elsewhere, the following candidates will appear on the Aug. 1 ballot: Jahari Dowdy, an attorney with 20 years of experience in criminal defense and Shelby County Juvenile Court representation; Michael Floyd, an attorney who was appointed special judge to Memphis City Court in 2005; Shelby County District Attorney First Deputy Chris Lareau; and Joe Ozment, a criminal defense attorney with 32 years of experience. The Daily Memphian has more.