TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 13, 2025
News Type: Legal News

The U.S. 6th Circuit Court of Appeals is seeking comments on the reappointment of Randal S. Mashburn, bankruptcy judge for the Middle District of Tennessee, to a 14-year term that would begin on Jan. 12, 2026. Members of the bar and the public are invited to submit comments to be considered during the reappointment process. All comments will be kept confidential and should be mailed to Circuit Executive Marc Theriault, 503 Potter Stewart U.S. Courthouse, 100 East Fifth St., Cincinnati, Ohio 45202 or be submitted via email. All comments must be received no later than April 16. Contact the Office of the Circuit Executive at 513-564-7200 for more information. Read the full announcement from the court.

Posted by: Stacey Shrader Joslin on Mar 13, 2025
News Type: Legal News

A federal judge has temporarily blocked President Donald Trump’s administration from enforcing portions of an executive order designed to punish the law firm of Perkins Coie. The Associated Press reports that U.S. District Judge Beryl Howell granted a temporary restraining order sought by the firm one day after it filed suit over the executive order. The judge said the executive order sends a chilling message that lawyers can be punished for representing clients or advancing views unfavorable to the government. Under the ruling, the government may not enforce portions of the order blocking the firm from seeking government contracts for its clients and banning firm employees from federal buildings.

Posted by: Stacey Shrader Joslin on Mar 13, 2025
News Type: Legal News

Longtime Davidson County Criminal Court Judge Cheryl Blackburn has announced that she will retire at the end of May. She has held the position for 29 years, having been originally appointed by the late Gov. Don Sundquist in 1996. Blackburn, whose current term is set to end in 2030, is the longest serving criminal court judge in the county, having presided over tens of thousands of criminal matters and hundreds of trials. Blackburn earned her undergraduate and master's degree in clinical psychology from Vanderbilt University. While working in the mental health field, she attended Nashville School of Law at night. Upon graduation, she was hired as an assistant district attorney in Nashville and later was appointed one of two deputy district attorneys. She says that serving on the bench has been the greatest honor of her professional career. The Tennessean has tributes from lawyers and judges who have worked with Blackburn over the years.

Posted by: Stacey Shrader Joslin on Mar 13, 2025
News Type: Legal News

The Tennessee Bar Foundation has launched a new IOLTA Capital Improvement and Technology Enhancement (CITE) Grant, a one-time grant to help legal aid and civil legal services providers strengthen operational capacity and technology. Funding can be requested for capital improvements, projects that enhance efficiency and improving client service with technology, or projects that drive innovation through technology. Applications should be submitted by 11:59 p.m. CDT on April 23. The foundation will hold webinar on March 20 at 2 p.m. CDT to demonstrate the application portal and answer any questions. Sign up for the webinar. Read more in a press release from the foundation or access detailed guidelines — including eligibility requirements, application standards and evaluation criteria — and frequently asked questions on the foundation’s website.

Posted by: Azya Thornton on Mar 12, 2025
News Type: Legal News

The Managing Director’s Office of the American Bar Association (ABA) Section of Legal Education and Admissions to the Bar released a comprehensive set of data on bar admission outcomes for ABA-approved law schools, including bar pass rates and those admitted through alternative pathways, a growing trend in legal licensure. According to the data, 90.41% of 2022 law graduates who sat for a bar exam passed within two years, with the success rate for alternative pathways reaching 90.52%. The ABA has updated its terminology to refer to "admission" instead of "passage" due to the increasing recognition of alternative pathways by state courts, according to an ABA press release. First-time takers in 2024 had an 82.79% pass rate, more than a 3-percentage point increase over the comparable 79.44% pass rate. The data, which includes demographic information on bar exam passers, is being made publicly available under ABA Standard 509 to provide consumers with reliable information on bar admissions. Spreadsheets of the most recent data are available on the section’s webpage under Legal Education Statistics. Individual school reports for consumers are available at ABA Required Disclosures on a school-by-school basis.

Posted by: Liz Slagle Todaro & Stacey Shrader Joslin on Mar 12, 2025

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 current system. This includes using strategic compensation structures for employing and contracting with attorneys. Under the plan, the “Indigent Representation Commission" may use a combination of retainer, flat fee and hourly or other contracts, offering lawyers more competitive and predictable compensation. Among the advantages of this approach are the elimination of caps and the implementation of intermittent payments. Learn more about the plan and indigent representation in Tennessee.

Posted by: Azya Thornton on Mar 12, 2025
News Type: Legal News

President Donald Trump has nominated John Squires, a former chief intellectual property attorney at Goldman Sachs, to serve as the next director of the U.S. Patent and Trademark Office (USPTO), Reuters reports. Squires would serve under U.S. Secretary of Commerce Howard Lutnick, who was confirmed by the Senate on Feb. 18. He is currently a partner at Dilworth Paxson in New York, where his practice focuses on artificial intelligence, blockchain technology and cybersecurity. If confirmed, Squires will lead the USPTO as it navigates emerging challenges related to AI’s role in innovation and increasing competition with China. The agency is responsible for issuing U.S. patents and trademarks and advising the government on intellectual property policy.

Posted by: Azya Thornton on Mar 12, 2025
News Type: Legal News

The U.S. Judicial Conference's Committee on Codes of Conduct last week relaxed ethics guidance issued six months ago. The committee had advised federal judges to restrict their law clerks from seeking post-clerkship employment with political organizations to make clear judges retain "broad discretion" to decide whether to do so on a case-by-case basis, Reuters reports. In the revised advisory, the committee acknowledged that while such employment "may pose a risk" in certain circumstances, judges are now granted broader discretion to assess the situation on a case-by-case basis. This adjustment emphasizes that judges, as appointing authorities, should consider all relevant facts before imposing any restrictions. Additionally, the committee clarified that law clerks may accept stipends for living expenses from law firms if the offer is extended equally to other incoming associates, provided the clerk is not required to work at the firm post-clerkship unless they choose to.

Posted by: Azya Thornton on Mar 12, 2025
News Type: Legal News

Former Republican state Sen. Brian Kelsey of Germantown says he has received a pardon from President Donald Trump just two weeks after reporting to federal prison to serve a 21-month sentence for an illegal campaign finance scheme, The Tennessean reports. A federal grand jury indicted Kelsey in 2021 for a scheme related to his failed 2016 congressional bid. Prosecutors alleged he illegally funneled money from his state Senate campaign committee to his federal campaign. Kelsey pleaded guilty in 2022 and later unsuccessfully attempted to change his plea. He reported to federal prison in Kentucky last month after he was denied the final appeal.

Posted by: Azya Thornton on Mar 12, 2025
News Type: Legal News

Tennessee Republican Sen. Marsha Blackburn has sponsored the "Protecting Our Supreme Court Justices Act of 2025," a proposed bill that would increase the penalty for protesting outside court buildings or judges' homes to up to five years in prison, WBIR reports. Currently, individuals who protest outside court buildings or any buildings or residence occupied or used by a judge, juror, witness or court officer can face up to one year in prison. The existing law applies to those who attempt to "interfere with, obstruct or impede the administration of justice" through picketing or parading and allows for fines against individuals using voice-amplifying devices. Five lawmakers have co-sponsored Blackburn's bill, which must first be reviewed by the Senate Judiciary Committee before it can be voted on.


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