The Elizabethton City Council voted 6-1 to appoint Teresa Murray Smith to the vacant city judge position. Smith had previously served as a municipal judge in 2020. The Elizabethton Star reports that the judicial post was vacant under the city charter after former Judge Jason Lee Holly, who was reelected as municipal court judge in November, was unable to hold court due to a temporary suspension of his law license on Oct. 28, 2024, by the Tennessee Supreme Court. Smith will serve until the next regular city or county election, at which time voters will elect someone to fill Holly’s unexpired term.

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is expected to provide a range of benefits. For attorneys, that means getting paid on a more regular basis and having access to training and mentorship opportunities. For judges, that means not having to spend time finding attorneys to take cases. For clients, the plan is expected to lead to less delays for children needing guardian ad litem services and in adoption cases. And for the legal system, the plan is expected to increase the number of attorneys willing to accept appointments and provide new safeguards to protect against misuse of indigency determinations. The TBA applauds the collaborative efforts of the Supreme Court, the AOC and stakeholders in developing and advocating for a new plan for the future. Learn more about the plan and indigent representation in Tennessee.

TBA President Ed Lanquist Jr. was joined by Administrative Office of the Courts (AOC) General Counsel John Coke and Indigent Services Team Lead Attorney Joe Byrd for a conversation about the indigent representation proposal from the AOC on behalf of the Tennessee Supreme Court. The proposal includes a new structure for handling civil appointments and criminal conflicts for clients who are indigent. Under the plan, the Tennessee Supreme Court would establish an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The interview directly addresses questions posed by Tennessee attorneys, including those who currently take appointed cases. Among the topics discussed are how, if funded, the program would be implemented and the opportunity to work closely with stakeholders, including local attorneys. Learn more about the plan and indigent representation in Tennessee and watch for our ongoing coverage of this issue.

The Tennessee Alliance for Legal Services (TALS) is seeking session proposals for this year's Equal Justice University (EJU), set for Aug. 27-29 in Murfreesboro. Topics of interest include employment law, family law, health and benefits, housing and consumer, special education and juvenile justice, as well as professionalism and techology. See all topics and submit proposals online by April 18.

TBA’s Legislative Updates podcast features TBA attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC, and Brad Lampley and Ashley Harbin of Adams and Reese. In the most recent episode, they discuss several key legislative topics, including SB1052/HB1355, which amends TCA §36-1-102(45)(B) to specify that a biological father who only pays token support will not qualify as a putative father; SB540/HB492, related to custody determinations and child support; SB541/HB906, legislation from the TBA probate study group and its amendment; SB394/HB569, which deals with selecting a settlement agent in real property transactions; SB943/HB1255, which focuses on continuing education for judges involved in child custody cases; and TBA's Day on the Hill. Tune in to the podcast on the TBA website or through this link. And don’t forget to register for TBA's Day on the Hill and the Big Shrimp Reception next week.

The woman accused of killing prominent Memphis pastor Ricky Floyd during an argument pleaded not guilty in her first court appearance Thursday, The Commercial Appeal reports. Samantha Marion is charged with voluntary manslaughter and is being held on a $100,000 bail. A hearing to review her bail was held today. Floyd was the senior lead pastor at Pursuit of God Church in Frayser. If convicted of voluntary manslaughter, Marion faces a prison sentence of eight to 30 years.

A federal judicial security program provided services to nearly 2,000 judges and helped more than 1,700 remove their personal information from the internet last year, Bloomberg Law reports. The program also helped 114 retired judges and 235 family members, according to an annual report from the Administrative Office of the U.S. Courts. The judiciary’s Vulnerability Management Program was established in 2022 following the fatal shooting of a federal judge’s son in New Jersey. In other findings, the annual report found that 1,510 judicial conduct and disability complaints were filed against federal judges in 2024, an 11% increase from the previous year. Most of these complaints were dismissed by chief circuit judges, according to the report.

Bar exam pass rates increased in 2024, according to new data from the American Bar Association (ABA). Nearly 83% of graduates from ABA-accredited law schools who took the exam for the first time passed, marking a more than three-percentage-point increase from the 79% first-time pass rate in 2023. Reuters reports this is the highest national first-time pass rate since 2020, when 84% of test-takers passed. Bar exam experts attributed the strong results to the unusually large size of the 2021 entering law school class and the strong academic credentials of those students. Read about more trends from the data.

A federal judge in Seattle has extended an order blocking the Trump administration from withholding federal funding from medical providers in four states that offer medical treatments to transgender minors. U.S. District Judge Lauren King ruled that two of President Donald Trump's executive orders were unconstitutional, arguing they intrude on Congress’ authority to allocate federal funds and violate the Fifth Amendment’s equal protection guarantee, Reuters reports. One of the blocked orders directs the federal government to recognize only two biological sexes and restrict funding that promotes "gender ideology." King issued a temporary restraining order on Feb. 14 and has now granted a preliminary injunction. The decision comes after a federal judge in Maryland temporarily blocked executive orders dealing with federal funding for transgender activities in February. The U.S. Supreme Court is currently considering a challenge to Tennessee's ban on gender medical treatments for minors. After taking office, the Trump administration changed the government's position on the case, dropping its opposition to the state law.

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court addresses a number of challenges in the state's current system. One benefit of the proposal would be eliminating the use of court time to appoint attorneys for these cases. Under the plan, judges would be able to rely on the proposed "Office of Indigent Conflicts and Civil Counsel," which would assume responsibility for appointing lawyers in child welfare cases and criminal cases when the public defender has a conflict. In addition, the proposed "Indigent Representation Commission" would be charged with reviewing, developing and, where possible, implementing procedures to improve accountability and prevent misuse of the system. Learn more about the plan and indigent representation in Tennessee.