Study Highlights Crisis of Youth Aging Out of Foster Care

A new study from Belmont Innovation Labs, “Every Child Tennessee: Foster Youth in Tennessee 2024 Landscape Study — Transitioning into Adulthood,” highlights the crisis in Tennessee youth who are aging out of foster care. According to the study, 70 to 80% of children aging out of the state’s foster care system without proper support are facing challenges such as homelessness, addiction, imprisonment or trafficking by the age of 21. The research found that one “critical factor” that determined successful outcomes for those aging out of the system was “the presence of a stable adult relationship.” WSMV has more on the study, which drew on research over the last few decades.

Gov. Lee Grants Pardons to 43 Convicted of Crimes

Gov. Bill Lee granted executive clemency in the form of a pardon to 43 individuals convicted of crimes, who have served their sentences and been out of prison for at least five years, according to a new annual list, the Daily Memphian reports. Lee said the list, which was compiled with recommendations from the Tennessee Board of Parole, includes individuals who have demonstrated "exemplary citizenship" since their release. “It’s a powerful tool, and I do not take it lightly,” Lee told reporters ahead of the list’s release. “They show a rehabilitative effort that is unique.”

23rd District Recovery Court Honored for Reform Work

The Tennessee Association of Recovery Court Professionals has awarded the 2024 Ellen L. Abbott Vanguard Award to the 23rd District Recovery Court for its leadership in criminal justice reform. The award recognizes a demonstrated leader in the implementation of a criminal justice initiative or advocacy project. In a press release, the association praised the court’s efforts to reform the criminal justice system, highlighting the work of Circuit Judge Suzanne Lockert-Mash. "For too long, society has used incarceration as the primary tool for dealing with those with addictions. It hasn't worked. Addiction is worse than ever. Prisons are full. The 23rd Judicial District Recovery Court, under Judge Lockert-Mash's direction, is a model of success," the release states. The 23rd District Recovery Court serves Cheatham, Dickson, Houston, Humphreys and Stewart counties.

Angela Parkerson (left) presents award to 23rd District Recovery Court team members Kevin Batts, Doug Beecham, Rachel James, Debbie Batts and Scotty Barnhill

Belmont Law’s Public Interest Program Gains Momentum

From August through November of this year, Belmont College of Law’s public interest and pro bono clinics provided $35,150 in free legal services –– calculated based on a standard rate of $250 an hour. Across 10 clinics, these services led to transformative outcomes for clients, including 24 powers of attorney for care of a minor child completed, 405 non-conviction expungement filings, 30 estate planning documents prepared, over 110 clients assisted and more than half a million dollars in court fees waived. This year, the law school set a goal of expanding its clinic offerings into new practice areas to better serve its Nashville neighbors. By also expanding its network of partnering organizations, Belmont Law’s public interest program is able to more readily identify communities in need, which were not previously on its radar, the school reports.

Confidence in the American Judicial System Hits Record Low

American confidence in the judicial system dropped 7% from last year, sagging to a record low, according to a new Gallup poll. Axios reports that just 35% of poll respondents said they had confidence in the U.S. judicial system and courts, a drop from 42% last year. The poll’s findings also mark the first time that confidence in the courts is below 50% for both those who approve and those who disapprove of U.S. leadership. Gallup reports that over the past four years, the confidence rate has dropped 24%. Read more about the findings.

Food City Agrees to $8M Opioid Settlement

Regional grocery chain K-VA-T Food Stores, known as Food City, has agreed to settle government allegations under the False Claims Act (FCA) related to its dispensing of opioids and other controlled substances. The lawsuit alleges that, from 2011 through 2018, 24 Food City store pharmacies dispensed opioids and other controlled substances that were medically unnecessary, lacked a legitimate medical purpose or medically accepted indication, and/or were dispensed to invalid prescriptions, and that, as a result, Food City submitted false claims to federal health care programs. Under the settlement, Food City will pay the United States $8,488,378, and will pay an additional $78,621 to the states of Virginia and Kentucky for claims paid to Food City by state Medicaid programs. Food City reached a similar settlement with Tennessee in 2023. Read more in a press release from the U.S. Attorney’s Office for the Eastern District of Tennessee.

Supreme Court: State Contract with Education Provider Is Enforceable

The Tennessee Supreme Court on Friday issued an opinion in Pharma Conference Education Inc. v. State rejecting the state’s argument that its contract with Pharma Inc. was not enforceable because the company’s promise to perform was “illusory.” The court instead held that Pharma’s promise to provide the University of Tennessee Health Science Center as many continuing education programs as feasible was a real obligation and therefore adequate consideration for the contract. The state had sought to terminate the agreement, but Pharma sued for breach of contract. Chief Justice Holly Kirby concurred in the majority decision but wrote separately to argue that depositions in the case could not be used to contradict the contract. Read more about the opinions from the Administrative Office of the Courts.

Indigent Representation Primer Looks at Process for Appointing Counsel

This week's installment of TBA's Indigent Representation Primer is now available. The new post provides information about the process for appointing counsel for indigent clients in Tennessee. After the court has determined a litigant indigent, and eligible for appointed counsel, they must ensure that the defendant receives legal representation by appointing an attorney. Tennessee Supreme Court Rule 13 articulates the right to counsel and procedure for appointment of counsel, which may be one of the state’s public defenders or a private attorney. In criminal cases, district public defender offices are the initial source for appointed counsel, however, due to inherent limitations such as conflicts of interest or high caseloads, it is impossible for public defenders to serve all the state’s indigent defendants. In these cases, as well as juvenile dependency and neglect cases or when a Guardians ad Litem (GAL) is required, the court may appoint a private attorney instead. In Tennessee, a court's selection of an appointed attorney may be based on a combination of factors, including availability, expertise or conflict checks. Read past primer posts.

KBA Elects New Officers, Presents Awards at Annual Meeting

The Knoxville Bar Association (KBA) held its Annual Meeting recently. At the event, outgoing president Carlos Yunsan of the University of Tennessee College of Law passed the gavel to Jonathan Cooper, a criminal defense attorney at Knox Defense, Knox TN Today reports. During the meeting, members also elected officers for 2025, with Rachel Hurt of Arnett Baker Draper & Hagood being named president-elect, Ursula Bailey as treasurer, and Cathy Shuck of East Tennessee Children’s Hospital as secretary. Members also elected Kim Burnette of Arnett Baker Draper & Hagood, Meagan Collver of Lewis Thomason, Samuel Lee of the Knox County District Attorney General’s Office, and Scott Taylor of Bernstein Stair & McAdams LLP to the KBA Board of Governors. Three awards were presented. Wayne Kramer received the Governor's Award, the KBA’s highest award; Cathy Shuck received the Courage in the Face of Adversity Award; and Regina Koho was honored with an award for outstanding legal writing.

Jonathan Cooper

LAW Hosts Holiday Event

The Oral History Committee of the Lawyers' Association for Women (LAW) Marion Griffin Chapter on Friday presented a film featuring the life and impactful work of U.S. 6th Circuit Court of Appeals Senior Judge Martha "Cissy" Daughtrey, a founder of LAW. The film was followed by a panel discussion featuring members of the legal community who have worked with Daughtrey over the years and who spoke about her impact on gender equity in the legal profession. The group capped off the night with its annual holiday celebration. See a photo from the event.

MBA Elects New Leaders, Presents Annual Awards

The Memphis Bar Association recently held its annual meeting. Lauran Stimac with Glassman, Wyatt, Tuttle and Cox took over as president of the association from Adam Johnson with Nahon, Saharovich & Trotz. Seven new board members also were announced. In addition, five individuals were recognized with the association’s annual awards. Walter Bailey received the Judge Jerome Turner Lawyer’s Lawyer Award, which recognizes a Memphis attorney who has practiced law for more than 15 years and embodies professionalism, civility and courtesy; Lee Whitwell received the Sam A. Myar Jr. Memorial Award, which honors an attorney under 40 years old who has shown dedication and commitment to their practice and the legal community; Haavi Morreim received the W.J. Michael Cody Access to Justice Award; and Justin Joy and Memphis City Councilwoman Janika White received President’s Awards. Read more about Stimac or see a recap of the award recipients in the MBA Facebook post.

Lauran Stimac

Napier-Looby Bar Association Hosts Annual Holiday Celebration in Support of Legal Aid

The Napier-Looby Bar Association held its annual holiday celebration at Holland & Knight, with proceeds benefiting the Legal Aid Society of Middle Tennessee and the Cumberlands (LAS). DarKenya W. Waller, executive director of LAS, spoke at the event. Chicoya Gallman, immediate past president, began the holiday party as an LAS fundraiser during her presidency. See a photo from the event.

NBA Elects New Leaders, Presents Awards at Annual Meeting

The Nashville Bar Association (NBA) recently held its annual meeting where new leaders were elected and a number of lawyers were honored with awards. Joseph Hubbard, a shareholder with Polsinelli, was named 2025 president of the association. Other officers named include First Vice President Marie Scott, Second Vice President Christen Blackburn, President-Elect Sherie Edwards, First Vice President-Elect Ben Raybin, 2nd Vice President-Elect Judge Ana Escobar, Secretary Deadrick Thaxton and Treasurer Jae Lim. The John C. Tune Public Service Award was presented to Donald Capparella with Dodson Parker Behm & Capparella. DarKenya Waller and Eric Osborne won the Nashville Bar Journal (NBJ) Best Article of the Year Award. The NBJ Contributor of the Year Award went to Victoria Gentry. Josh Burgener was presented with the CLE Excellence Award. President’s Awards also were presented to six. Read more about the event in a release and see photos here.

Joseph Hubbard

Prosecutor, Former Judge Donna Fields Dies

Former judge and current Shelby County prosecutor Donna Fields died in a car accident on Dec. 16, the Shelby County District Attorney’s Office has announced. Fields joined the district attorney’s (DA) office after retiring as a judge, working part time with a focus on animal cruelty cases. "Donna Fields was a relentless advocate for justice, especially for those who had no voice," said DA Steve Mulroy. "She didn’t have to return to work, but she chose to because of her deep love for animals and her steadfast commitment to justice." Funeral arrangements are still being developed.

Atlanta Lawyer Censured

Atlanta lawyer Robert Andrew Free received a public censure from the Tennessee Supreme Court on Dec. 19. Free represented a client in an immigration application to the U.S. Citizenship and Immigration Service (USCIS). A request for evidence was sent to Free’s office from USCIS, but he did not respond and did not send the request to his client. A decision was issued in the matter and sent to Free’s office a few months later, and he did not inform his client of the decision. Three years later, Free’s neglect was discovered, and he cooperated with the client’s subsequent attorney in seeking to reopen the immigration application. The court found these actions violated Rules of Professional Conduct 1.3, 1.4 and 8.4(d).

15 Lawyers Suspended for Fee, 9 for IOLTA Violations

The Tennessee Supreme Court on Dec. 23 suspended 15 attorneys for failure to pay the annual registration fee; nine 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 — including 21 recently reinstated — or access all administrative suspensions dating back to 2005.

Construction Law Forum 2025 Coming Next Week

The TBA will host its annual Construction Law Forum on Jan. 24, 2025, in Nashville with the theme "Let's Get Technical." The 2025 event will feature discussions on a range of construction law topics with attorneys Theresa Critchfield with TLC Law Office; Stephanie Durman and Ellery Richardson with the Tennessee Department of Environment and Conservation; Thomas Hall with Sherrard Roe Voigt & Harbison; and Regan Steepleton with Evans Petree. More details about program topics will be announced soon. To register now visit the TBA’s website.

Use TBA Benefits to Start a Solo Practice

TBA offers a one-stop shop for starting a solo practice, with hundreds of resources for starting, growing and managing a practice, access to a special email address for tech and practice management questions, and comparison charts on law tech tools. Your legal research is covered with vLex Fastcase, which provides access to court opinions from all 50 states and all federal courts as well as unlimited usage, printing and customer service. Finally, use discounts for Clio practice management tools, LawPay for processing client credit card charges and legal malpractice insurance to protect yourself. Start your membership here.