TBA Law Blog


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Posted by: Azya Thornton on Feb 5, 2025
News Type: Legal News

The Trial Court Vacancy Commission will consider five applicants when it meets March 11 in Chattanooga to select nominees for a circuit court judge vacancy in the 11th Judicial District, which covers Hamilton County. The applicants are Charles W. Gilbreath II, Christina R. Mincy, Jennifer K. Peck, Patrick Alan Wagner and William Matthew Wayne. The public hearing to consider applicants will be held at The Chattanoogan Hotel, 1201 Broad St., Chattanooga 37204 beginning at 9 a.m. EDT. Any member of the public may attend the public hearing and can express, orally or in writing, objections concerning any of the applicants. For more information, contact John Jefferson, assistant general counsel at the Administrative Office of the Courts, or call 615-741-2687.

Posted by: Azya Thornton on Feb 5, 2025

The TBA has released the February episode of its BarBuzz podcast, featuring a deep dive into the association’s advocacy efforts now that the Tennessee legislative session is underway. In this episode, TBA Executive Director Sheree Wright is joined by TBA lobbyists Berkley Schwarz and Ashley Harbin, who, along with Brad Lampley, lead the TBA’s legislative initiatives. The group discusses how the TBA identifies and addresses key legislative issues, with a focus on the current session’s proposals, which include adoption, family law and probate bills. They also explore the TBA’s role in defending against legislation that could impact the practice of law and highlight efforts to improve legal services for indigent clients. The conversation wraps up with insights on how TBA members can get involved in advocacy work during this crucial time. BarBuzz is a monthly show that recaps legal news, upcoming TBA events and more. It is available on the TBA’s website or wherever you listen to podcasts. Find past episodes in the BarBuzz archive.

Posted by: Azya Thornton on Feb 5, 2025
News Type: Legal News

TBA members were sent an email Friday with a ballot for the two candidates running for TBA vice president. The email was sent from Intelliscan Inc. If you did not receive the email in your inbox, please check your spam folder or with your firm’s IT administrator. If you still did not receive it, or have any other questions about the process, contact elections@tnbar.org. Electronic voting began Jan. 31 and will close on Feb. 14.

Posted by: Azya Thornton on Feb 5, 2025
News Type: Legal News

The U.S. Senate voted 54-46 on Tuesday to confirm Pam Bondi as the next attorney general, The Hill reports. She was sworn in today at a ceremony at the White House with U.S. Supreme Court Justice Clarence Thomas administering the oath of office. In comments today, Bondi pledged to "restore integrity to the Justice Department" and "fight violent crime throughout this country" and the world. In one of her first acts after taking office, Bondi called for the creation of a “weaponization working group” that will examine the work of special counsel Jack Smith, who charged Trump in two criminal cases, and review decisions to charge individuals connected to the Jan. 6, 2021, riot at the U.S. Capitol, the Associated Press reports.

Posted by: Azya Thornton on Feb 5, 2025

In an unanimous vote Tuesday, the TSSAA rejected a proposed high school “transfer portal.” The Tennessean reports that a motion to deny the measure passed 12-0, despite lawmakers urging the TSSAA to amend its long-standing transfer rule, which requires athletes who transfer to a school in a different zone to be ineligible for one calendar year from their last varsity game unless they have a bona fide change of address. The proposal would have allowed one transfer without residency requirements. The council pledged to discuss potential changes to transfer rules in the future and has requested a special meeting before its regularly scheduled April session to address the issue further.

Posted by: Azya Thornton on Feb 5, 2025

The American Bar Association (ABA) urged the presidential administration to roll back its executive order calling for federal investigations into diversity and inclusion efforts by bar associations, citing the groups' First Amendment rights, Reuters reports. The ABA's resolution, adopted Monday, asks the administration to modify the executive order to clarify that it will not be enforced in a manner that infringes on constitutional rights. “The First Amendment prohibits the federal government from interfering with the expressive rights of bar associations and others by threatening them with investigation and prosecution for adopting or promoting [diversity and inclusion],” reads a report supporting the resolution. Last year, attorneys general from 21 states, including Tennessee, sent a letter to the ABA opposing efforts to impose race-based admissions and hiring requirements on law schools through the accreditation process.

Posted by: Stacey Shrader Joslin on Feb 5, 2025

Legal challenges continue to be filed against President Donald Trump’s recent executive orders. A Maryland federal judge has issued a nationwide injunction blocking the administration from curtailing birthright citizenship for children born to undocumented parents. The move comes after a judge in Seattle imposed a temporary halt on the policy. In addition, the ACLU has filed suit in D.C. federal court challenging the president’s ban on asylum at the U.S.-Mexico border. With regard to transgender care, a suit has been filed over orders that curtail federal funding and support for medical transitions for those under age 19. Tennessee’s law banning such care for minors is pending before the U.S. Supreme Court. Tennessee Lookout reports that two teens who left Tennessee after the state ban went into effect are part of the group suing over the federal ban. Finally, in other news, a suit has been filed against two executive orders seeking to end federal diversity programs; a federal judge in Washington, D.C., has blocked efforts to move transgender women to men's prisons; and FBI agents have sued to protect their identities from Department of Justice leaders who are seeking information about those who worked on Jan. 6 cases. Bloomberg reports that the FBI has shared titles and offices but not names. Reuters has more on all of these suits.

Posted by: Julia Wilburn on Feb 4, 2025
News Type: Legal News

Ezekiel Kelly, a 22-year-old Memphis man charged with capitol murder, will act as his own lawyer in a trial scheduled for July. The two dozen charges, including first-degree murder and attempted murder, stem from a September 2022 shooting spree and city-wide manhunt that left three people dead and three others wounded. According to the Associated Press, a judge in January granted Kelly's request to serve as his own lawyer, and on Tuesday, Kelly requested more time to access the jail computers to review the evidence against him. He has pleaded not guilty. Shelby County District Attorney Steve Mulroy said his office plans to seek the death penalty if Kelly is convicted of first-degree murder.

Posted by: Julia Wilburn on Feb 4, 2025
News Type: Legal News

The Tennessee Office for Refugees, a department of Catholic Charities, anticipated serving more than 2,000 newly-arriving refugees between September 2024 and September 2025. One of President Donald Trump's Jan. 20 executive orders froze all refugee resettlement and support, leaving the refugees and the nonprofits that work with them in limbo. Tennessee Lookout reports that a subsequent Jan. 24 “stop work” letter was sent to resettlement agencies across the country to halt “reception and placement” services, which impacts more than 140 refugees who already were in Tennessee. Rick Musacchio, executive director of the Tennessee Catholic Conference, told News Channel 5 that the organization is focusing on supporting the refugees they already have settled, but even those services may end without major financial support from the community.

Posted by: Julia Wilburn on Feb 4, 2025
News Type: Legal News

East Tennessee residents along the I-75 corridor between Chattanooga and Knoxville last week reported finding flyers along roads instructing immigrants to "self-deport" and recruiting "white protestants" to the Ku Klux Klan, reports the Chattanooga Times-Free Press. Chattanooga leaders and immigrants' rights groups released statements condemning the flyers and their message, with city council member Demetrus Coonrod saying, "These documents, steeped in racism and xenophobia, strike at the very heart of what we hold dear in our diverse communities." A Kentucky man identified himself as the leader of the group distributing the flyers, telling the news outlet that his group has been distributing similar materials in other states as part of a recruiting push.


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