Judge Hears Arguments Over Constitutionality of Tennessee Bail Law

U.S. District Judge Thomas Parker recently heard arguments over the constitutionality of Tennessee’s 2024 bail law, which prohibits judicial commissioners from considering a defendant’s ability to pay when setting bail, the Daily Memphian reports. The lawsuit, filed by Just City and the American Civil Liberties Union, argues the law unfairly keeps low-income defendants jailed before trial because they cannot afford release. Plaintiffs contend the law removes critical judicial discretion and creates wealth-based detention, while attorneys for the state and Shelby County argued the statute remains constitutional because judges may still consider a defendant’s financial condition when assessing bail. Parker did not immediately rule and said he would issue a written decision at a later date.

Senior Judge to Preside Over KCSO Conspiracy Case

Senior Judge Don R. Ash has been assigned to oversee the cases of 11 current and former Knox County Sheriff's Office (KCSO) employees, including former Sheriff Jimmy "J.J." Jones, indicted on charges of conspiring to illegally spend drug funds and misuse department staff time. According to WBIR, Ash was assigned because Knox County judicial personnel have personal connections to several defendants. Knox County District Attorney Charme Allen similarly recused herself, and Steven Crump, executive director of the Tennessee District Attorneys General Conference, has been appointed district attorney general pro tem. The indictments — stemming from a Tennessee Bureau of Investigation probe built on a prior federal investigation — came shortly after a county Republican primary in which two of the defendants ran for sheriff. That race ultimately was won by a KCSO employee who was not among those charged. Knox News has more on the case.

Shelby DA Sues to Block New State Oversight Laws

Shelby County District Attorney Steve Mulroy is filing an emergency lawsuit to block two recently passed laws that would give the state of Tennessee oversight of his office, according to WSMV. The Memphis Safe Task Force Accountability Act would require the district attorney’s office to provide reports every 10 days on the dismissal or settlement of charges related to task force arrests while the Audit and Pro Tem Act as amended would allow Attorney General Skrmetti to review the office’s internal files and share them with members of the General Assembly. Both measures passed the legislature last month and were signed into law by Gov. Bill Lee. Mulroy argues the laws violate the state constitution by targeting Shelby County.

Mulroy

AG Appeals Ruling on Oversight of Prediction Markets

Tennessee Attorney General Jonathan Skrmetti has announced that his office filed an opening brief in the U.S. 6th Circuit Court of Appeals seeking to overturn a ruling from the U.S. District Court for the Middle District of Tennessee that blocked Tennessee from enforcing sports wagering laws against KalshiEX LLC. Tennessee has argued that platforms such as Kalshi function as sports wagering and should be subject to the state’s Sports Gaming Act, which requires licensing, consumer protections and tax payments. Kalshi contends its products qualify as “swaps” under the federal Dodd-Frank Act and fall exclusively under the jurisdiction of the Commodity Futures Trading Commission. “Tennessee has laws governing wagering on sports — laws that Kalshi is desperately trying to avoid — that ensure sportsbooks provide protections for problem gamblers, pay taxes to support our education system, and provide a fair and transparent service to users,” Skrmetti said in a news release.

Nashville Sessions Court Welcomes 1st Social Worker

Metropolitan Nashville-Davidson County General Sessions Court has announced the hiring of its first court social worker, Laura Frazier, a move court leaders say will help connect individuals with critical services while navigating legal proceedings. Fox17 reports that Frazier's responsibilities include helping connect individuals with resources such as housing assistance, food programs, health care, mental health services, employment support and other community-based services. Presiding Judge Robin Kimbrough Hayes said in a statement, "Social workers bring vital human context to the adversarial court system. ... By bridging the gap between legal proceedings and human needs, they advocate for clients, provide holistic assessments, and guide vulnerable individuals through the complexities of the justice system." Frazier previously worked with Nashville's Shelter Court, where she helped people experiencing homelessness access services and community programs.

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Williamson Sheriff’s Office Warns of Jury Duty Phone Scam

The Williamson County Sheriff’s Office is warning residents about a phone scam accusing them of shirking jury duty. A recent victim told the department that an unknown caller threatened them with arrest and used real personal information to pressure them into compliance. The sheriff’s office says real officers will never demand cash payment to avoid arrest, issue a “gag order” over the phone or threaten additional charges for hanging up. They urge residents who receive suspicious calls to hang up and reach out directly to the sheriff’s office. News Channel 5 has more on the scam.

ABA Council Approves Alternative Pathways to the Bar

The council of the ABA Section of Legal Education and Admissions to the Bar recently voted to allow law schools to count graduates who complete alternative pathways to licensure toward the minimum graduation rate needed for accreditation. The ABA Journal reports that the council’s Standards Committee recommended modernizing Standard 316. Council member Mary Lu Bilek said it was important to align the standard with what is happening across the country, where some states — including Nevada, Oregon, South Dakota and Utah — have or are considering alternatives to the bar exam. The move follows a 2025 report by the Committee on Legal Education and Admissions Reform, which found that innovative pathways such as supervised practice could help address access to justice and practice readiness.

Supreme Court Seeks Comments on Changes to Rule 21

The Tennessee Supreme Court on May 27 issued an order seeking comments on a proposal to amend Supreme Court Rule 21. The changes, requested by the Tennessee Commission on Continuing Legal Education (CLE), would combine Sections 6 and 7 of the rule and revise the applicable deadlines and fee structures related to attorney noncompliance with annual CLE requirements. The deadline for submitting comments is July 21. Comments should reference docket number No. ADM2026-00693 and be sent to Clerk of the Appellate Courts, 401 Seventh Ave. N., Ste. 321, Nashville, TN 37219-1407 or be emailed to appellatecourtclerk@tncourts.gov. View the proposed changes in the attachments to the court’s order.

Supreme Court Vacates Juvenile Murder Conviction

The Tennessee Supreme Court on Friday vacated the second-degree murder convictions of Antonio Demetrius Adkisson, holding that his confession was involuntary and should not have been admitted at trial. In 2017, the 17-year-old was charged with two counts of first-degree murder in Milan, tried as an adult after a juvenile court transfer and ultimately convicted by a jury of two counts of second-degree murder. The court upheld the transfer decision and found that Adkisson had validly waived his Miranda rights, but ruled that his confession was nonetheless involuntary under the totality of the circumstances, constituting a violation of the Fifth and 14th Amendments of the U.S. Constitution and the Tennessee Constitution. As a result, the court vacated his convictions and remanded the case for further proceedings, over a partial dissent from Justice Sarah Campbell arguing that the confession was not unconstitutionally coercive. Read more in a press release from the Administrative Office of the Courts.

Board of Law Examiners Seeks Volunteer Interviewers

The Tennessee Board of Law Examiners is seeking licensed Tennessee attorneys to serve as volunteers to conduct Character and Fitness interviews of applicants to the Tennessee bar. Eligible attorneys must be licensed and in good standing in Tennessee, have been admitted to practice for at least five years, reside in Tennessee and not teach in any capacity at a law school. Volunteers are appointed to a five-year term and may be reappointed for one additional five-year term. All appointments are subject to approval by the Tennessee Supreme Court. Those interested in serving or who would like to nominate an eligible attorney to serve, should complete and submit the Volunteer Interest Form by June 30.

State Senator, House Members Removed from Committees

Democratic state Sen. Charlane Oliver, D-Nashville, has been removed from the one committee that meets during the off-session as punishment for a protest mounted on the last day of the special session on redistricting. The Tennessean reports that the Oliver also has been informed by Senate Speaker Randy McNally, R-Oak Ridge, that she will not qualify for per diem payments for office work until next year. The move comes after House Speaker Cameron Sexton, R-Crossville, stripped committee assignments from every House Democrat in response to what he called disruptive behavior in the chamber during the special legislative session. Democrats will remain on the Government Operations Committee and the Calendar & Rules Committees though since House rules require that members of both parties serve on those panels. The Tennessean also reports that additional “punishments” may be coming when the legislature reconvenes in January. Local Memphis has responses from several Democratic members.

Individual Tickets Now Available for TBA Convention Events

Can't join us for the full TBA Convention this month? Or maybe you need to add a guest ticket for a specific event? Individual tickets now are available for purchase for the following events: Wednesday's opening reception; Thursday's Public Service Breakfast, University of Tennessee Winston College of Law Breakfast, TBA's Tech Showcase and the evening reception at Smokies stadium; and Friday's breakfast and Lawyers Luncheon. Buy tickets here. Pre-registration for TBA's 2026 Convention in Knoxville will close this coming Sunday, June 7, at 11:59 p.m. CDT. Only on-site registration will be accepted after that.

Convention CLE: Attorney Wellness in Technology-Driven Legal Practice

Tennessee lawyers attending the TBA’s 2026 Convention in June will have the opportunity to earn dual CLE credit through “Better Right Now: Wellness & Tech Session,” a two-part program focused on attorney well-being in today’s technology-driven legal environment. The sessions, “How and Why the Current State of Legal Practice Intersects with Evolution and Brain Chemistry to Promote Stress” and “Real-Life Strategies for Well-Being in the Current Legal Environment,” will explore the impact of modern legal practice on mental health while offering practical strategies for focus, resilience and client engagement. Presenters include Lindsey O’Connell of Lindsey O’Connell Counseling and Consulting, Melanie Reid of Lincoln Memorial University, and Dr. Jeff Vomund and Fr. Ragan Schriver of the University of Tennessee. Check out the full CLE programming.

State Judges Dismiss NAACP Challenge to Redistricting

A three-judge state court panel has dismissed with prejudice a lawsuit filed by the NAACP challenging Tennessee’s newly redrawn congressional districts, according to the Nashville Banner. The lawsuit argued the General Assembly exceeded the scope of Gov. Bill Lee’s special session proclamation when it approved the maps, which divide Memphis into three congressional districts. The three-judge panel ruled that sovereign immunity protected Lee and the General Assembly from the suit and found only one plaintiff, DeVante Hill, had legal standing to challenge the map. But the judges ultimately determined that Hill’s constitutional and statutory claims lacked merit, concluding the legislature’s actions fell within the scope of the governor’s proclamation. Separate legal challenges to the maps remain pending in federal court.

Federal Judge Again Denies Request to Block Redistricting

After denying a coalition of voters and congressional candidates a temporary restraining order against the new redistricting maps, federal Judge William L. Campbell also has declined to grant a temporary restraining order to a separate group of plaintiffs challenging the maps. According to the Nashville Banner newsletter,  Campbell wrote that the plaintiffs were unlikely to succeed on their first claim that the intent of the legislature was to discriminate against Black people in Memphis because “assessing a legislature’s intent is a "complex task" and “legislative action is entitled to a presumption of good faith.” He also was unwilling to conclude that the map constituted First Amendment retaliation against Black voters. The plaintiffs are still seeking a preliminary injunction against the map. As in the first case, Campbell expressed concern about “voter confusion in the face of ongoing litigation close to an election, regardless of the outcome of that litigation.” He concluded that voter confusion “counsels strongly against the issuance of an injunction.” Last week, all three cases against the maps currently pending in federal court were consolidated and assigned to Campbell.

Voters to Consider Bail Authority on November Ballot

Tennessee voters are expected to consider a proposed constitutional amendment in November that would expand judges' authority to deny bail before trial in certain serious criminal cases, according to KnoxTNToday. Under current law, most defendants have a constitutional right to bail except in capital cases when the evidence is especially strong. The proposed amendment would allow judges to deny bail in cases involving offenses such as terrorism, second-degree murder, aggravated rape and other serious crimes requiring a convicted defendant to serve at least 85% of a sentence. The measure would not automatically deny bail but would give judges broader discretion to do so after reviewing the facts of a case. The amendment would also require judges and magistrates to publicly explain the reasons for granting or denying bail in qualifying cases. This past spring, the General Assembly approved placing the amendment on the gubernatorial ballot.

Cohen Introduces Articles of Impeachment Against Roberts

According to a statement released on May 21, U.S. Rep. Steve Cohen, D-Memphis, has introduced six articles of impeachment against U.S. Supreme Court Chief Justice John Roberts. Local Memphis reports that Cohen claims Roberts has committed high crimes and misdemeanors by "violating the Constitution, disregarding his statutory obligations as Chief Justice, and breaching his oaths of office." Specifically, the articles assert that Roberts has allowed the court to become a partisan force and has "systematically preferred the powerful over the people" and delivered "arbitrary, unexplained, and inconsistent decisions that violate the Constitutional protection of the parties." No co-sponsors have come forward so far but Newsweek reports that the effort reflects widespread Democratic frustration with recent rulings. In previous remarks Roberts has pushed back against characterizations of the court as politically motivated.

YLD to Offer Webcast on Working in Legal Deserts

Registration is now open for "Justice Without Lawyers: Working in Legal Deserts" on July 29 at 11 a.m. CDT.  This one-hour virtual program will explore the significant and growing challenges surrounding indigent representation and the increasing prevalence of legal deserts. A panel of judges and attorneys will examine the underlying causes of limited access to counsel, discuss practical strategies for expanding the availability of legal services — including through appointed representation — and consider emerging solutions being advanced by courts and the broader legal community. This free program also will address the professional responsibility and ethical considerations implicated in access-to-justice issues. One hour of dual CLE credit is available for a nominal fee.

Memorial Service June 6 for Former BPR Chief

Lance B. Bracy, a longtime leader in Tennessee legal ethics and a former chief disciplinary counsel for the Tennessee Supreme Court Board of Professional Responsibility, died May 20 at age 90. Bracy joined the board as disciplinary counsel in 1976 and was appointed chief disciplinary counsel in 1979, serving in that role until his retirement in 2007. During his tenure, Bracy helped draft and publish more than 140 formal ethics opinions, issued approximately 600 advisory ethics opinions and responded to more than 12,000 informal ethics inquiries from Tennessee attorneys. Bracy earned his law degree from the Nashville School of Law. Before joining the board, he practiced law in Springfield for 11 years and served as assistant district attorney general for Robertson and Sumner counties. Bracy also taught as an adjunct professor at Vanderbilt University Law School and lectured at continuing legal education programs on professional responsibility. Visitation (10 a.m. to 1 p.m. CDT) and a memorial service (1 p.m.) will be held June 6 at Anderson and Garrett Funeral Home, 3501 Old Clarksville Pike, Joelton 37080. Burial will follow at Oakwood United Methodist Church Cemetery, 1001 Old Pinnacle Rd., Joelton 37080. The funeral home has details.

Services Scheduled for Memphis Judge, Wife

Retired U.S. District Judge Jon McCalla died May 15 at age 79. A visitation will be held on June 13 from 10 to 10:45 a.m. CDT at Grace-St. Luke's Episcopal Church, 1720 Peabody Ave., Memphis 38104 in Trezevant Hall. At 11 a.m., a funeral service will celebrate the lives of McCalla and his wife, Mary, who died in April. A reception will follow at the University Club of Memphis, 1346 Central Ave., Memphis 38104. Memorial gifts may be made to the University of Tennessee Health Science Center Otolaryngology Advancement Fund; Historic Archives of Rosemark and Environs Inc. by mail to 8671 Rosemark Rd., Millington, TN 38053; or Grace-St. Luke's Episcopal Church online or by mail at the address above.

Knoxville Lawyer Dies at 89

Knoxville lawyer William Pennebaker “Boone” Dougherty died May 24 in Iowa. He attended Vanderbilt University and earned his law degree from the University of Virginia School of Law in 1961. Following law school, Dougherty moved to Knoxville and practiced law with several firms, including Ambrose, Wilson and Saulpaw; Poore, Cox, Baker & McAuley; Bernstein, Dougherty & Susano; and Dougherty and Alliman. For more than 30 years he handled criminal defense, labor, environmental and coal mining matters. In 1965, Dougherty was appointed deputy law director for the city of Knoxville and served as city trial counsel and counsel for the city council until 1972. After retiring from private practice in 1991, he moved to Atlanta where he worked as an investigative reporter for a local newspaper. In 1993, he began a second career with the State of Georgia, trying cases for the Department of Human Resources. He retired for good in 2004, and in 2006, he moved to Iowa to be closer to his daughter.

Memphis Lawyer Remembered for Love of Law

Memphis lawyer Ronald D. “Ronnie” Krelstein died Feb. 10 at the age of 83. Krelstein earned his law degree from Vanderbilt University Law School and returned to Memphis where he established a 58-year legal career, first as the city's police legal adviser and then at his own law firm as a criminal defense attorney. Long-time legal friend and colleague, Richard Glassman, recalled that Krelstein loved trying lawsuits and loved the company of other lawyers. "Ronnie was an addict of the law. He was the No. 1 authority on contempt of court and always impressed judges with his legal knowledge." Krelstein was a member of Temple Israel and the Lawyers Journal Club of Memphis. He also was a frequent contributor to TBA Talk, the TBA’s group mailing list software that allows members to share knowledge and experiences with each other. The family asks that memorial donations be made to The Savior Foundation — a charitable agency for animals — or a charity of the donor's choice.

Federal Practice Forum Set for July 14

The TBA will host the Federal Practice Forum 2026 on July 14 as a live virtual event, with programming scheduled from 9 a.m. to 12:30 p.m. CDT. Additional details about the forum and its agenda will be coming soon on the TBA website.

Use TBA Benefits to Stay Connected

Staying connected to colleagues, as well as developments in your practice area, legislation impacting the profession, recent court opinions and relevant legal news is easy with the TBA. Events such as the TBA Annual Convention, Big Shrimp Legislative Reception and opportunities for public and pro bono service provide invaluable opportunities for connecting and networking with fellow lawyers. The TBA Today daily newsletter, daily court opinions and unlimited free legal research in all 50 states keep you informed and better equipped to help clients. Members also can customize their membership by joining one or more of TBA’s 33 sections focused on education, practice area expertise and more. Get started here!