TBA Law Blog


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Posted by: Liz Slagle Todaro on Oct 17, 2024

In the wake of Hurricane Helene, organizations that serve victims of natural disasters are continuing to provide updated resources. The National Consumer Law Center has updated some of its natural disaster resources, including free publications for advocates assisting victims of natural disaster and others working to rebuild. In Tennessee, the Tennessee Alliance for Legal Services' website Help4TN and helpline 844-HELP4TN are always available and have specific resources and legal support for storm survivors. Lawyers from across the state are invited to complete this online form to volunteer to help disaster survivors. The TBA Disaster Resources page offers general information for those impacted by disasters, as well as those seeking to provide assistance. The TBA's Helene Disaster Response page has information and resources specific to this disaster.

Posted by: Azya Thornton on Oct 17, 2024
News Type: Legal News

The U.S. 6th Circuit Court of Appeals delivered a ruling Friday that temporarily halted two permits needed to begin construction on a pipeline project proposed to fuel the Tennessee Valley Authority’s (TVA) combined-cycle natural gas facility at the site of the coal-fired Cumberland Fossil Plant that is being retired, the Associated Press reports. The panel's split 2-1 decision prevents Tennessee Gas Pipeline Company LLC from starting to build the 32-mile pipeline through Dickson, Houston and Stewart counties, which was reported to start as soon as this week. TVA’s plans to open more natural gas plants have brought opposition from advocates seeking a redirection from fossil fuels and into solar and other renewable energy. The case is set for oral arguments on Dec. 10. 

Posted by: Stacey Shrader Joslin on Oct 17, 2024
News Type: Legal News

Tennessee Bar Journal Editor Julia Canada Wilburn spoke on a panel today at the National Association of Bar Executives (NABE) Communications Section Workshop in Raleigh, North Carolina. She focused her remarks on working with journal editorial boards. Other panelists talked about magazine layout and design, operations and finding new advertisers. The Communications Section holds its annual professional development workshop each fall in different cities across the country. TBA staff have a long history of participation and leadership in the section.

Posted by: Stacey Shrader Joslin on Oct 17, 2024
News Type: Legal News

A federal judge has delayed sentencing for Desmond Mills Jr., one of the former Memphis police officers charged in the death of Tyre Nichols. U.S. District Judge Mark Norris moved the sentencing date to early next year after a petition from Mills’ attorney, the Daily Memphian reports. The move to postpone sentencing comes after two other former officers asked for acquittals of their convictions on charges related to Nichols’ death. Mills agreed to a federal plea in November 2023.

Posted by: Julia Wilburn on Oct 17, 2024
News Type: Legal News

Davidson County Chancellor Patricia Head Moskal last week ruled that the city of Forest Hills could change the names of Confederate-themed streets, overruling the state's Historical Commission, which said the names were protected under the Heritage Protection Act, which specifically seeks to preserve Civil War-era monuments. The Tennessee Lookout reports that attorneys for the city have long argued the act should not apply to streets within subdivisions that were built on private property by private developers who constructed and named roads before they were formally recognized and adopted as public streets. State attorneys argued that the language of the act does not address this issue, and that the act requires that any street with a historic name that is now a public street remains subject to the law.

Posted by: Stacey Shrader Joslin on Oct 17, 2024
News Type: Legal News

The Tennessee Board of Law Examiners has released statistics about the state's July 2024 bar exam. According to the board, 759 individuals — 647 first time test takers and 112 repeaters — took the exam. They represent 103 different law schools and saw an overall pass rate of 72%. For first time test-takers at Tennessee law schools, Vanderbilt University Law School saw a 97% pass rate followed by Belmont University College of Law at 94.8%, the University of Tennessee College of Law at 91%, University of Memphis School of Law at 78.7%, Nashville School of Law at 70% and Lincoln Memorial University Duncan School of Law at 64.2%. See all statistical information released by the board.

Posted by: Azya Thornton on Oct 17, 2024
News Type: Legal News

Indiana joins a growing number of states in exploring innovative approaches to expand delivery of legal services, including through regulatory reforms. This month, the Indiana Supreme Court issued an order responding to recommendations from its innovations commission's July report, including directing development of "initial parameters for a legal regulatory sandbox," Reuters reports. Sandbox programs provide a controlled venue allowing entities to offer legal services that may otherwise run afoul of existing regulations, while still protecting the profession and consumers by maintaining a professional discipline process. Indiana's program follows initiatives in other states that allow alternative business structures, including early innovators Arizona and Utah. Reuters has an update on Arizona's program, which now has over 100 approved entities that allow non-lawyers to have an economic interest in law firms. Utah, the first state with a regulatory sandbox, continues to review and update its program, writes the ABA Journal.

Posted by: Julia Wilburn on Oct 17, 2024
News Type: Legal News

The Tennessee Innocence Project (TIP) recently announced that Lead Counsel and Executive Director Jessica Van Dyke will transition into the role of legal director. Jason Gichner has been appointed as the new executive director, effective Oct. 14. “I am honored to step into this role and continue building on the foundation that Jessica has laid,” says Gichner, who has served as deputy director since 2019. Chief Operating Officer Becca Morris states, “Jason’s deep commitment to justice and our cause makes this transition an exciting new chapter for TIP as we continue our fight for the exoneration of the wrongfully convicted.” Read more in a press release from the organization.

Posted by: Stacey Shrader Joslin on Oct 16, 2024
News Type: Legal News

The TBA was recognized today with two major awards from the National Association of Bar Executives (NABE) at the annual NABE Communications Section Workshop in Raleigh, North Carolina. First, it earned a Luminary Award for “Authored Article” for Journal Editor Julia Canada Wilburn's article about former Tennessee Supreme Court Justice Sharon G. Lee’s time on the bench. “A Justice for the People,” which ran in the July/August 2023 issue of the Journal, looks at a career that took Lee from rural Tennessee to state’s highest court. The TBA also was honored with an award for its 2023 year-end CLE marketing campaign, which offered a creative appeal to lawyers to take advantage of educational opportunities in days leading up to the compliance deadline. The “What’s Your CLE Mood?” and “12 Days of Ethics” series of social media and TBA Today posts used humor and nostalgic holiday imagery to market TBA’s CLE programs. See photos from today's award ceremony.

Posted by: Stacey Shrader Joslin on Oct 16, 2024
News Type: Legal News

The Tennessee Bureau of Investigation (TBI) has made progress in shortening the delays in laboratory testing of sexual assault evidence, according to a new audit by the state’s comptroller. The Tennessee Lookout reports that the turnaround has been reduced to 10 weeks. Two years ago, the bureau reported turnaround times of up to 45 weeks, delays that hindered criminal prosecutions and deferred justice for survivors. TBI Director David Rausch told a committee of lawmakers reviewing the report that the agency had hired 49 additional scientists — with another in the hiring process — to help speed up forensic testing. It also outsourced 908 kits to a private lab in Florida last year. This year, the bureau has contracted with the lab to test another 192 kits.


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