TBA Law Blog


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Posted by: Azya Thornton on Dec 30, 2024
News Type: Legal News

Gov. Bill Lee on Dec. 18 led a bipartisan coalition of 33 governors, urging President Joe Biden to act following a decision earlier this month by the People’s Republic of China (PRC) to halt foreign adoptions. According to a press release from the governor's office, the suspension of China’s intercountry adoption program has indefinitely delayed the adoptions of more than 260 children already matched to American families in 44 states, 12 of which are in Tennessee. While the PRC’s decision to cease intercountry adoptions is within its purview, the governors are asking the Chinese government to complete adoptions already in process in accordance with the Hague Convention.

Posted by: Azya Thornton on Dec 30, 2024
News Type: Legal News

Michael Wortham has been arrested for allegedly sending death threats to retired Davidson County Judge Stan Kweller. According to Fox 17 News, an investigation began in May and led to the arrest of the 31-year-old, who was identified as the owner of the social media account sending the threats. Police believe the threats are related to a custody decision in which Wortham lost his parental rights. Wortham has been booked into the Davidson County Jail on outstanding warrants for aggravated stalking and retaliation for past action.

Posted by: Julia Wilburn on Dec 30, 2024
News Type: Legal News

Memphis law firms Harkavy Shainberg Kaplan PLC and Williams McDaniel PLLC will merge to become Harkavy McDaniel Kaplan and Salomon PC. The Memphis Business Journal reports the new firm will have a total of 14 attorneys. Harkavy McDaniel Kaplan and Salomon will be located at the Triad Centre II, 6060 Poplar Ave., Memphis 38119, where Harkavy Shainberg Kaplan currently operates. Williams McDaniel is moving from its current office at 717 S. White Station Rd. The combined firm will focus on litigation, estate planning, probate, and both commercial and residential real estate. Read more from Here Memphis.

Posted by: Liz Slagle Todaro on Dec 27, 2024

This week's installment of TBA's Indigent Representation Primer is now available. The new post highlights the demand for indigent defense in the criminal justice system and the impact on the broader legal system when representation is not readily available. Millions of Americans cannot afford a private attorney, relying on appointed counsel, whether public defenders or private attorneys, who are designated to take indigent cases. Available research estimates at least 80% of criminal defendants at the state level and 90% of defendants in federal felony cases are eligible for appointed legal counsel. The criminal justice system continues to balance these growing needs with adequate funding, manageable caseloads, and consistent standards for appointed counsel. The strain on appointed counsel systems is not just a problem for criminal defendants, the entire legal system is impacted by delayed trials, overburdened courts and disrupted proceedings. In addition, challenges in indigent representation systems ultimately affect victims, the families of defendants, children caught in the system and the larger community. The TBA Indigent Representation Primer will look at more of these indirect effects in upcoming installments. Read past primer posts.

Posted by: Azya Thornton on Dec 27, 2024
News Type: Legal News

The Tennessee Department of Correction has created a new lethal injection protocol, clearing the way for the state to schedule executions again, Knox News reports. Gov. Bill Lee called off all executions indefinitely in 2022 and ordered an independent investigation into the state's lethal injection procedures. The investigation found that the state had failed to follow the protocol it implemented in 2018. Under the new protocol, the state will administer a single drug, pentobarbital, replacing the three-drug cocktail previously used, the paper reports. "The death penalty is an extremely serious matter, and that is why I instructed the Tennessee Department of Correction to review the lethal injection protocol to leave no question that procedures are correctly followed," Lee said. Federal Public Defender Kelley Henry responded to the announcement noting the lack of detail and said she is "awaiting the release of the United States Department of Justice’s review of the use of single drug pentobarbital in executions," which Attorney General Merrick Garland ordered in 2021. The revised protocol was made in consultation with the Tennessee Attorney General’s Office. The Tennessee Supreme Court will be responsible for scheduling execution dates.

Posted by: Azya Thornton on Dec 27, 2024

President Joe Biden secured the 235th judicial confirmation of his presidency last week. According to AP News, Biden and Senate Democrats have focused on adding women, minorities and public defenders to the federal judiciary, with about two-thirds of his appointees being women and a solid majority being people of color. Biden has also prioritized appointing civil rights lawyers, public defenders, and labor rights attorneys to broaden the professional backgrounds of the judiciary. More than 45 of his appointees are public defenders, and more than two dozen have served as civil rights lawyers. “When I ran for President, I promised to build a bench that looks like America and reflects the promise of our nation. And I’m proud I kept my commitment to bolstering confidence in judicial decision-making and outcomes,” Biden said in a statement. The latest confirmation could be Biden’s last, leaving office with one Supreme Court justice, 45 appeals court judges, 187 district court judges and two judges on the U.S. Court of International Trade, NBC News reports.

Posted by: Azya Thornton on Dec 27, 2024
News Type: Legal News

State Rep. John Gillespie, R-Memphis, has filed a bill that would allow criminal court judges to access defendants’ juvenile court records when setting bail, the Daily Memphian reports. Shelby County District Attorney Steve Mulroy said that he has already been working with the Shelby County Juvenile Court to allow access to those records in some situations, including "violent offenses and auto theft offenses." Currently, adult criminal court judges can only access juvenile court records for defendants during sentencing, not when setting bail. 

Posted by: Azya Thornton on Dec 27, 2024
News Type: Legal News

The Chattanooga Bar Association (CBA) is seeking nominations for the next recipient of its Ralph H. Kelley Humanitarian Award. The CBA presents the award to a member of the legal profession who, in the opinion of its board of governors, has excelled in community service. Nominees must be members in good standing of the CBA or a judicial officer with a minimum of 15 years tenure in the Chattanooga legal community and a demonstrated history of performing community service that places an emphasis on social service. Nominations may be submitted by both bar members and the community at large. CBA Executive Director Lynda Hood is requesting nominations be sent to her email at lhood@chattanoogabar.org. The award will be presented at the CBA's annual meeting at The Westin Chattanooga on Feb. 12, 2025. Hamilton County Herald has more information.

Posted by: Azya Thornton on Dec 27, 2024
News Type: Legal News

The Montgomery County Veterans Treatment Court celebrated recent graduates of their Phase V Veterans Treatment Court (VTC) Program last month. Sixteen veterans and active-duty soldiers completed the program, which supports veterans with criminal justice involvement. The program provides necessary treatment and services, under judicial supervision. Tennessee Department of Mental Health and Substance Abuse Services Commissioner Marie Williams spoke at the event, addressing key issues such as youth mental health and the opioid crisis. Main Street Clarksville News has more on the event.

Posted by: Azya Thornton on Dec 27, 2024
News Type: Legal News

The Tennessee Department of Labor and Workforce Development announced yesterday that 91 of the state's 95 counties reported unemployment rates of less than 5% for November, with rates decreasing in 17 counties. Unemployment rates held steady in 30 counties, while they increased in 48 counties from October to November. According to the report, Tennessee’s seasonally adjusted unemployment rate for November was 3.5%. The rate rose two-tenths of a percentage point from the previous month, but it remains seven-tenths of a percentage point below the national rate of 4.2%.


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