Chief Justice Lee lays out Goals, Plans
Dignitaries from across the state gathered in Knoxville Sept. 17 to mark the formal investiture of Tennessee Supreme Court Chief Justice Sharon G. Lee. Lee, who was elected to a one-year term as chief justice by her fellow justices, outlined several goals she has for the judiciary. She suggested a “top to bottom review” to see how the courts can be better stewards of tax dollars and deliver services more efficiently and effectively. She also emphasized the need for better use of technology, such as the implementation of electronic filing systems. Lee also talked about the contentious retention elections and noted how they had put the judiciary in the spotlight and underscored the need for fair and impartial courts.
“Tennessee got a civics lesson about the importance of checks and balances and the necessity of a separate and independent judiciary,” she said. “Our courts play a fundamental role in protecting individual rights, providing predictability to business and in guaranteeing the fair functioning of our government.”

COURTS

Supreme Court’s Newest Justice Takes Oath Justice Holly Kirby of Memphis  took the oath of office Sept. 19 to become the newest member of the Tennessee Supreme Court. Gov. Bill Haslam administered the oath during ceremonies in the historic courtroom of the University of Memphis Cecil C. Humphreys School of Law.

Nashville Tops List for Federal Courthouse  Nashville remains first in line to get a new federal courthouse, the Nashville Business Journal reports.

Nashville has pursued a new courthouse for 22 years, when federal officials deemed the current courthouse at 801 Broadway inadequate because of security concerns.

If built, the new U.S. District Court for the Middle District of Tennessee would cost $181.5 million, according to the latest government estimates. The site for the would-be courthouse is 719 Church St., next door to the Nashville Public Library.

PRACTICE

ABA Releases Formal Opinion on the Sale of a Law Practice  
The American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 468 in October regarding the sale of a law practice by a lawyer or firm. The opinion states that the seller must “cease to engage in the private practice of law, or in the area of practice that has been sold, in the relevant jurisdiction or geographic area.” Additionally, while the seller may assist the buyer in the orderly transition of active clients, neither party may bill clients for time spent only on the transition of matters.

Arkansas Granted Sensory Trademark for Signature ‘Hog Call’ 
The U.S. Trademark Office granted TM Registration in October to the University of Arkansas for its “hog call.” Southeastern Conference fans are familiar with the battle cry:?wooooo-pig-sooie! According to the Wyatt, Tarrant & Combs blog “Finding IP Value,” sensory marks are registerable just like word marks and logos when used in connection with the sale of goods or the rendering of services.

PRO BONO

Conference Encourages Students to Commit to Pro Bono 
The focus of the third annual Law School Pro Bono Summit at the University of Memphis Cecil C. Humphreys School of Law in September was on encouraging conversation and planning about the needs, opportunities, challenges and possibilities surrounding pro bono work and related access to justice issues. The conference was hosted by the law school, the TBA’s Access to Justice Committee and the Supreme Court’s Access to Justice Commission.

TBA President Tennessee Bar Association President Jonathan Steen spoke about the significance of making an intentional commitment to pro bono and public interest work, even as students and young lawyers.

Volunteer Lawyers Needed for Immigrant Children 
Most of the nearly 60,000 Central American children who have arrived on the U.S.-Mexico border in the last year still do not have lawyers to represent them in immigration court, and advocates are scrambling to train volunteer attorneys to help with the massive caseload, the Associated Press reports. The American Immigration Lawyers Association, among others, is training private attorneys on the country’s immigration laws and how to work with traumatized, Spanish-speaking children.

Virtual Legal Advice Clinic Kicks Off ‘Celebrate Pro Bono Month’ 
The Tennessee Alliance for Legal Services (TALS) is partnering with Tennessee law schools to launch Law School Virtual Legal Advice Clinics. In the program, law students join experienced attorneys to provide free civil legal advice to low income Tennessean's through the statewide virtual legal clinic, Online TN Justice (www.onlinetnjustice.org).

The project kicked off at the University of Tennessee Knoxville College of Law on Sept. 29, heralding the start of October which is “Celebrate Pro Bono” month.
About a dozen Tennessee attorneys paired with law students to answer civil legal questions posted to the Online TN Justice website. This virtual legal advice clinic allowed law students to see real-world legal issues and helps low income Tennesseans receive advice on their civil legal issue.

“The best results come when the lawyer has a good discussion with the student,” Pam Robinson of the University of South Carolina's Pro Bono Program said. “Watching and taking part in group problem solving is unique and grows on everyone.”

Tennessee’s law school project is modeled after a similar program developed in South Carolina, which had adopted Online TN Justice. OTJ is a project of TALS, the Tennessee Bar Association (TBA), the Tennessee Supreme Court's Access to Justice Commission and Baker, Donelson , Bearman, Caldwell & Berkowtiz PC.

RESOURCES

Advocacy Center for Domestic Violence Victims Named for Crowe 
Mayor Karl Dean and longtime Legal Aid attorney Jean Crowe cut the ribbon for a facility named for Crowe that will serve as a place where domestic violence victims can get assistance as they go through the Davidson County court systems. The Jean Crowe Advocacy Center came about after the recommendations were made in a 2013 Domestic Violence Safety and Accountability Assessment. The 3,300-square-foot area, located in the Ben West Building at the Nashville courts complex, is a safe place for victims to go on their court dates while waiting for their cases to be heard to avoid contact with alleged offenders while waiting for the court proceeding. It is named for Crowe, who was honored by the Tennessee Bar Association in 2013 as the Ashley T. Wiltshire Public Service Attorney of the Year.

Memphis Gets $900,000 Grant for Domestic Violence Work 
The U.S. Department of Justice awarded the City of Memphis $900,000 to help cover the costs of processing rape kits and domestic violence cases. WREG reports that more than half of the money will go to the local district attorney’s office so it can assign a designated investigator to process rape and domestic violence cases.

EDUCATION

Cheatham County to Start a Youth Court
Cheatham County will be home to the newest site of the Tennessee Youth Court program. Youth court programs support early intervention in delinquent or unruly behavior cases and provide first-time offenders an opportunity to face a jury of their peers. In collaboration with Cheatham County Juvenile Court Judge Phillip A. Maxey, the program will be implemented by attorneys Margaret Brady Sherbert and M. David Perez. Currently, 16 counties participate in a total of 20 programs across the state. For more information, visit the TBA website  or contact Youth Court Coordinator Denise Bentley.


NC School to Offer Shorter, Cheaper Law Degree 
Elon University School of Law has announced the creation of a new curriculum that will be the nation’s first standard JD program lasting less than three years.

The North Carolina program will operate on a seven-trimester (or 2½-year) schedule, which will allow students to graduate in December, take the bar exam in February and begin practicing in the spring. The school will also lower its tuition, which now totals about $114,000 over three years, by about $14,000 for the entire program of study. The ABA Journal reported.