The Tennessee court system is facing a crisis in providing legal representation to indigent individuals who are constitutionally and statutorily entitled to legal counsel. The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to help address the emergency and provide long-term stability through the development of a new structure for handling criminal conflicts and civil appointments for indigent clients. Specifically, the plan establishes an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The plan highlights the anticipated outcomes, including an increase in the number of attorneys willing to accept appointments via the strategic use of retainers, flat fee and other types of contractual arrangements, and enhancing the quality of representation by providing training and mentorship for attorneys. The plan is structured to facilitate the work of the AOC, the courts, the district public defenders, the district attorneys general, and the private attorneys accepting appointments to be more efficient and effective as the need for indigent legal representation continues to grow. It also engages stakeholders in ongoing collaborations to improve function and accountability and prevent misuse of the system. The TBA has been working alongside the AOC to address this crisis and has key points for attorneys regarding the plan.

U.S. District Judge Tanya Chutkan on Tuesday declined the request of 14 Democratic state attorneys general to immediately impose wide-ranging restrictions on the Department of Government Efficiency (DOGE). Chutkan ruled that the states had not made the necessary showing of “clear evidence of imminent, irreparable harm,” The Hill reports. A separate judge on Friday rejected a request to block access to two federal departments and the Consumer Financial Protection Bureau, while according to Reuters, a judge on Monday declined to block access to student borrower data at the Education Department. There are more than a dozen pending lawsuits challenging DOGE’s structure or its access to various federal departments, according to The Hill.

Sherrard Roe Voigt & Harbison attorney John L. Farringer IV has been elected as the Tennessee Bar Association’s next vice president. He will lead the association as president in 2027-2028. Farringer is a Tennessee native practicing as a commercial litigator for over 20 years. He has been active in the TBA for many years, including as chair of the Access to Justice Committee, as a six-year member of the board of governors, and as the current associate general counsel with a special focus on issues related to indigent representation. He also was a member of the 2011 Leadership Law class and received the 2015 President’s Award for his work as chair of the Medical-Legal Partnership Working Group. Farringer has made access to justice a passion of his career, including handling complex indigent cases and serving as chair of the Tennessee Supreme Court’s Access to Justice Commission. After taking office as vice president at this summer’s TBA Convention, Farringer will become president-elect in June 2026 and take over the organization’s leadership in June 2027.

The Tennessee Attorney General's Office has asked the state Supreme Court to set execution dates for five people on death row, five years after the state last put a person to death, the Tennessean reports. The motions, filed on Friday, ask the court to set dates for Kevin Burns, Jon Douglas Hall, Kennath Artez Henderson, Anthony Darrell Dugard Hines and William Glenn Rogers. The motions are the next step in the process to resume executions in Tennessee after they were paused in 2022. Executions will proceed in the state under a new lethal injection protocol using a single drug, pentobarbital.

Chattanooga law firm Chambliss, Bahner & Stophel recently announced that Steve Barham has been elected to serve as the firm's president and managing shareholder, succeeding Mark Cunningham. Barham previously served as chair of the Litigation & Risk Management Section and as the firm’s general counsel. “I am honored to take on this leadership role at Chambliss,” said Barham. “Throughout my time with the firm, we’ve seen incredible growth and success ... I am committed to supporting [our clients] in achieving their goals moving forward.” The firm also announced that John Jackson will succeed Barham as section chair while shareholder Andrew “Andy” Leffler will chair the Real Estate Practice Section. Barham said the pair "bring strong leadership and a commitment to fostering collaboration, and we look forward to seeing how they will continue to move our firm forward."

A group of state attorneys general (AGs) have sued to stop efforts by the Department of Government Efficiency (DOGE) to review federal government spending and recommend cuts, Reuters reports. The suit alleges that DOGE head Elon Musk was illegally appointed and given “unchecked legal authority” by the president without congressional approval. After a hearing today, a federal judge appeared inclined to deny a request to block access to sensitive records, but said she would rule on the issue within 24 hours. ABC has that development. In another suit, the Association of Administrative Law Judges has joined two federal employee unions in seeking to block DOGE from accessing workers’ personal and employment records. That suit alleges that the disclosure of such information violates the Privacy Act and poses a security risk to federal workers. Read the filing.

Nashville attorney Darius Walker Jr. will serve as the TBA Young Lawyers Division (YLD) president in 2027-2028. His election to the post was uncontested. After taking office as vice president at this summer's TBA Convention, Walker will become president-elect in June 2026 and president in June 2027. He has served as YLD treasurer for the last three years and is a member of the TBALL class of 2025. Walker earned his law degree from The University of Memphis Cecil C. Humphreys School of Law and is an associate at Ogletree Deakins in their Sports and Entertainment Industry Group. He has been recognized as a Best Lawyers: Ones to Watch in America for Civil Rights Law and Mid-South Super Lawyers Rising Star.

A federal judge is expected to rule that Germantown school officials may maintain a ban on Herbie, a seizure-alert dog they say has been more disruptive than helpful to a student with multiple disabilities, the Daily Memphian reports. U.S. District Court Judge Thomas L. Parker said in a hearing last week he would deny a request to lift the ban after the student’s parents filed a lawsuit in November. They claim Germantown officials violated federal disability laws in banning Herbie. The school district argues that the dog did not follow the student’s commands and “posed a danger” to him and other students. Parker found the school was not intentionally discriminating against the student by banning the dog. He said the official ruling will come soon but did not offer a timeline. “The ruling that I’m making today ... is not necessarily forever and always,” Parker said. “... Perhaps the court could revisit this question down the road.”

A recent ruling by U.S. District Court Judge Jon McCalla has raised concerns about the future of the Kendrick Consent Decree, a federal order that has long prevented the Memphis Police Department (MPD) from spying on citizens, the Commercial Appeal reports. McCalla's decision modifies the decree by replacing a private attorney who monitors police activities with two lawyers employed by the city of Memphis and assigned to the Memphis Police Department. Memphis lawyer Ed Stanton has been serving in the role since 2018. The ACLU of Tennessee, city outside counsel Bruce McMullen and Stanton support the change, saying the independent monitor role was not intended to be permanent. Others — including attorney Bruce Kramer, who first sued the city in 1976 over MPD’s illegal surveillance — argue that the shift risks undermining protections against civil rights violations. The Kendrick Consent Decree, established in 1978 after the MPD was found to have spied on political activists, has been crucial in safeguarding First Amendment rights, supporters say.

Aprio, a U.S.-based business advisory and accounting firm, and Radix Law, a full-service business law firm in Arizona, announced last week they have entered into an exclusive letter of intent to merge into Aprio Legal LLC, a full-service Alternative Business Service (ABS) law firm. The new firm will provide a holistic approach to serving entrepreneurs and business leaders, according to an Aprio press release. Both Aprio Legal and Radix Law are licensed by Arizona's ABS program, with Aprio receiving approval in May 2024 and Radix Law in 2021. The merger is expected to be finalized in late spring. Last month, KPMG — another accounting firm seeking to enter the legal services market — had its application put on hold after the state’s Supreme Court requested additional information.