TBA Law Blog


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Posted by: Laura Labenberg on Sep 14, 2024

A legal clinic in Campbell County on Saturday helped more than 40 individuals expunge their criminal records, thanks to the efforts of local officials and legal professionals. Campbell County General Sessions Judge Bill Jones, 8th Judicial District Public Defender Leif Jeffers and District Attorney General Jared Effler, Circuit Court Clerk Bobby Vann, the Bullock Law Firm, and members of the TBA Young Lawyers Division and University of Tennessee College of Law Legal Clinic contributed their time and expertise to the event. The Campbell County Sheriff's Office provided courthouse security for the clinic. See photos from the event.

Posted by: Azya Thornton on Sep 13, 2024
News Type: Legal News

The University of Tennessee College of Law has welcomed five new faculty members and appointed three associate deans. The new faculty members specialize in various legal areas, including health care law, environmental and energy law, legal writing and academic success, criminal law and procedure, and legal research and pedagogy, according to a press release. In a separate release, the school announced that Zack Buck will serve as associate dean for faculty development, Michael Higdon will serve as associate dean for academic affairs, and Briana Rosenbaum will serve as associate dean for diversity, inclusion and community engagement. "It was a banner recruiting year for us, and we are so fortunate to have attracted these outstanding teachers and scholars to further strengthen our faculty and expand the breadth of our academic offerings and scholarly expertise,” said Dean Lonnie T. Brown Jr.

Posted by: Azya Thornton on Sep 13, 2024
News Type: Legal News

In July, Katie Hagan, a former Nashville assistant district attorney, was seated as a juror on a case prosecuted by her own office. That situation and subsequent discipline imposed on Hagan have raised a number of ethical questions, the Nashville Banner reports. In addition to serving on the jury, Hagan was selected as the foreperson and voted for a not-guilty verdict in the case. Following the trial, Hagan told the Banner that Davidson County District Attorney Glenn Funk reprimanded her for an alleged ethical breach, arguing that her participation presented an inherent conflict of interest and could undermine the defendant's right to a fair trial. Hagan, who had disclosed her professional connections during jury selection, believed she could remain impartial. Following the trial, she was reassigned to desk work and subsequently resigned. Funk's office cites an opinion from the Board of Professional Responsibility supporting the view that Hagan’s service violated professional conduct rules. Hagan says she was following office policy that employees “are expected to honor subpoenas for jury duty” and “serve rather than to seek to be excused or exempted.”

Posted by: Azya Thornton on Sep 13, 2024

The U.S. Department of Justice has issued new guidance to state election officials on managing voter registration rolls, emphasizing compliance with federal laws that prohibit discrimination and coercion. The Tennessean reports that the guidance comes after Tennessee Coordinator of Elections Mark Goins sent letters in July to 14,375 individuals, deemed "potential non-U.S. citizens," demanding proof of citizenship and threatening penalties for illegal voting. Last month, the American Civil Liberties Union (ACLU) stated its intention to sue the state if the "voter list maintenance program” was not dropped. Soon thereafter, the state said it would not remove any of the individuals from the voting rolls. The federal guidance warns that erroneously targeting voter groups, such as newly naturalized citizens, could violate the National Voter Registration Act. It also cautions against practices that may violate voter record keeping standards.

Posted by: Azya Thornton on Sep 13, 2024
News Type: Legal News

A new Tennessee Inmate Disciplinary Oversight Board is taking shape two years after it was formed in the wake of the abduction and murder of Memphis school teacher Eliza Fletcher. The state legislature created the board in 2022 in response to the murder, alleged to have been committed by Cleotha Abston, who had been released from prison in 2020 after serving 19 years of a 24-year sentence for kidnapping and robbery. The board, modeled after the state's Board of Parole, will review sentence credits for good behavior and determine if credits should be revoked for infractions. Previously, each county reviewed these issues without state oversight. The nine-member board will be chaired by Vanessa Murtaugh, who previously was a prosecutor in the Shelby County District Attorney’s Office. According to the Daily Memphian, while some legislators see this as a step towards preventing similar tragedies, others question the board's $2 million annual cost and qualifications of its members.

Posted by: Azya Thornton on Sep 13, 2024
News Type: Legal News

In a reversal of policy, the Tennessee Department of Health is now allowing public health clinics to provide birth control and sexually transmitted infection (STI) testing to unaccompanied teens, citing exceptions to a new state law requiring parental consent for most health care. According to the Tennessee Lookout, the department previously interpreted the law to include sexual health services. However, Tennessee law already allows minors 14 and older to access confidential disease testing and birth control without parental consent. The revised guidance applies only to sexual health services, and all other primary care still requires parental consent. Health advocates welcomed the change but some some lawmakers say there are still concerned about the broader impact and potential unintended consequences of the law, according to the Lookout.

Posted by: Azya Thornton on Sep 13, 2024
News Type: Legal News

Hemp growers are suing the Tennessee Department of Agriculture over recently enacted emergency rules impacting hemp production and sales. According to WKRN, the growers argue that the department circumvented standard rule-making procedures by implementing the rules without public input. They also claim the rules violate state law and should be declared void. According to the station, the lawsuit highlights the department's failure to meet deadlines for rule-making and inconsistencies in enforcement timelines. The growers are seeking a court order to prevent enforcement of the emergency rules.

Posted by: Liz Slagle Todaro on Sep 12, 2024

The Division of State Audit in the Office of the Comptroller of the Treasury on Sept. 5 issued its performance audit report of the Tennessee Court System, which evaluated the "effectiveness and efficiency" of the current system of indigent representation, as well as other court programs. The audit recognized that Tennessee, "like many other states," continues to face obstacles, and recommended that the Administrative Office of the Courts (AOC) "continue to work with the Supreme Court, the governor and the state legislature to ensure all citizens are afforded their constitutional or statutory right to legal counsel." The report discusses the need to address capacity issues and compensation of lawyers who take these difficult cases. The TBA remains committed to working with stakeholders to secure additional resources to address these issues. Read more about the report.

Posted by: Stacey Shrader Joslin on Sep 12, 2024
News Type: Legal News

The State Textbook and Instructional Materials Quality Commission recently announced that Crossville lawyer Hayden T. Shadden was named its new general counsel. Shadden graduated from the University of Memphis Cecil C. Humphreys School of Law in 2020 and previously was in private practice focusing on civil litigation, mergers and acquisitions, employment law and estate planning/taxation. The commission is composed of 11 volunteer members who recommend textbooks and instructional materials to the State Board of Education and hear challenges to public school library books and materials.

Posted by: Stacey Shrader Joslin on Sep 12, 2024
News Type: Legal News

This week, in a letter to Congress, Attorney General Jonathan Skrmetti and 41 attorneys general called on lawmakers to pass legislation authorizing a U.S. Surgeon General warning on all algorithm-driven social media platforms. The group cites research that links young people’s use of such platforms to psychological harm, including depression, anxiety and even suicidal thoughts. They also note how platforms feature “irresistible algorithmic recommendations, infinite scrolling and a constant stream of notifications” to keep kids engaged “even at the expense of taking breaks, engaging in other activities or sleeping.” Read more in a release. Last year, Skrmetti joined a nationwide effort to sue Meta alleging many of the same harms.


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