A federal appeals court has ruled that a lawsuit challenging workplace abortion accommodations can proceed. Tennessee Attorney General Jonathan Skrmetti and attorneys general from several other states challenged the policy, which allows workers to request time off for an abortion. A federal district judge dismissed the case in June, ruling that the states lacked standing to sue, FOX Chattanooga reports. This week, the U.S. 8th Circuit Court disagreed, allowing the case to move forward. The abortion accommodations were included in the Pregnant Workers Fairness Act, a bill passed in 2022 that grants workplace accommodations for pregnant workers and pregnancy-related medical conditions, including time off for doctor appointments, lactation support and miscarriage recovery.

The lack of attorneys available for appointed cases is contributing to the crisis in providing legal representation to indigent individuals in Tennessee. Under the current program, many attorneys cannot afford to take these cases due to low compensation and program constraints. The plan proposed by the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court addresses these challenges in a few ways, including via the use of strategic compensation structures for employing and contracting with attorneys. The plan may use a combination of retainer, flat fee and hourly or other contracts, offering more competitive and predictable compensation. Among the advantages of this approach are the elimination of caps and the ability to use predictable and intermittent payment for attorneys. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.

The American Bar Association (ABA) is suspending enforcement of its diversity, equity and inclusion (DEI) mandate for law schools, Bloomberg Law reports. The ABA says it is taking the action to comply with recent messaging from the U.S. Department of Education that schools must comply with new presidential directives by Feb. 28 or lose federal funding. Last fall, the ABA had proposed a change to the standard and the Council of the Section of Legal Education and Admissions to the Bar was expected to review comments on the proposal at its most recent meeting. Bloomberg reported yesterday that law schools, including Vanderbilt Law School, had started removing DEI language from their websites.

TBA’s new Legislative Updates podcast features TBA attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams and Reese. This week, they discuss SB541 and HB906 (claims of creditors filed against an estate), SB540 and HB492 (custody determinations related to failure to pay child support) and the plan for indigent representation by the Tennessee Administrative Office of the Courts on behalf of the Tennessee Supreme Court. Listeners can tune in on the TBA website or directly through this link.

The West Tennessee Legal Services (WTLS) Legal Clinic will host an event on March 1 offering free assistance with drafting wills, powers of attorney and advanced directives. Volunteer attorneys will be available from 10 a.m. to 1 p.m. CST at the Memphis Medical Society, located at 1067 Cresthaven Rd. Memphis 38119. Attorneys and law student volunteers are asked to arrive by 9:30 a.m. for preparation. The clinic aims to provide valuable legal support to those in need of these essential documents. For more information, visit the WTLS website.

The Shelby County District Attorney's Office secured three convictions in the first few weeks of 2025. One man was convicted of aggravated assault stemming from a domestic violence incident; one of second degree murder and being a felon in possession of a handgun; and a third man was found guilty of two counts of rape of a child, two counts of aggravated sexual battery and one count of sexual battery by an authority figure. Additionally, six officers from three law enforcement agencies were indicted on charges of excessive force and misconduct related to the arrest of a man believed to have killed his ex-girlfriend last October. The officers face various charges, including assault and tampering with evidence. All six officers turned themselves in to the Dyer County Jail and were released on $25,000 bond. These developments come amid ongoing attention to the prosecution of Ezekiel Kelly, who is charged in connection with a 2022 shooting spree and is representing himself in court. The Commercial Appeal has the story.

Former state Sen. Brian Kelsey’s latest attempt to avoid prison has been denied. U.S. District Judge Waverly D. Crenshaw Jr. rejected Kelsey’s emergency motion for release, stating that “he has not shown any exceptional circumstances for his release deserving of special treatment in the interests of justice,” the Daily Memphian reports. A letter from the U.S. Marshals Service states that Kelsey must report to the FCI Ashland Satellite Camp in Kentucky by Monday to begin his 21-month sentence. His latest attempt to remain free was based on claims of ineffective legal counsel and alleged government misconduct. Last month, the U.S. Supreme Court declined to review his conviction and sentencing for campaign fraud.

At least three people have been unexpectedly detained in Nashville during routine check-ins with Immigration and Customs Enforcement since President Donald Trump took office last month, despite having no criminal record, the Nashville Banner reports. Many of those detained were previously considered low-priority for deportation, including individuals with humanitarian reasons for staying in the U.S. While ICE check-ins are a routine part of the immigration process, confusion over court dates and appointments can lead to missed check-ins and removal orders. Although ICE claims to target individuals with criminal records, advocates argue that many detained individuals have no such history. Legal aid for these types of cases remains limited in Tennessee, with only a handful of attorneys specializing in detention cases.

The Law School Survey of Student Engagement’s annual report found that law students are more diverse, increasingly engaged and better prepared than ever, analyzing data trends in legal education from 2004 to 2024. According to the National Jurist, students of color now make up 32% of respondents, up from 17% in 2004. Women account for 60% of law students, compared to 51% in 2004, while LGBTQ+ representation has grown from 4% in 2009 to 17% today. The report also found that over the past two decades, roughly 80% of law students have consistently rated their overall law school experience as good or excellent.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to develop a new structure for handling criminal conflicts and civil appointments for indigent clients. Under the plan, the Tennessee Supreme Court would establish an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” These entities would provide and manage appointed counsel for individuals who are constitutionally and statutorily entitled to representation. The office would manage an estimated 76,000 cases each year. In developing this plan, the Supreme Court and AOC consulted with legislative leadership and other stakeholders, and examined best practices from other jurisdictions. The Supreme Court and the TBA believe that this new structure will better address the impending crisis in the administration of justice in Tennessee and will also relieve trial judges of the burden of appointing attorneys on their own. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in a series of articles to run in TBA Today.