The U.S. District Court for the Middle District of Tennessee is accepting comments regarding the reappointment of two incumbent magistrate judges: U.S. Magistrate Judge Alistair Newbern and U.S. Magistrate Judge Jeffery S. Frensley. Newbern’s term will expire on Aug. 31, while Frensley’s term will expire on Oct. 9. Comments from the public and the legal community are encouraged and should be submitted by March 31 by email to MJComments@tnmd.uscourts.gov. Read more in a release from the court.

Following a federal judge’s ruling yesterday denying the state’s request for a temporary restraining order against NCAA rules regarding name, image and likeness (NIL) benefits for student athletes, Tennessee Attorney General Jonathan Skrmetti released the following statement: “In today’s opinion, a federal judge said Tennessee and Virginia are likely to prevail in their antitrust suit against the NCAA. Although the court declined to issue a temporary restraining order, the judge reasoned the NCAA can be held monetarily liable for any harms, thus negating the need for a TRO.” He continues, “Tennessee remains committed to protecting the rights of our student-athletes. We look forward to litigating this case and enforcing the law.” Tennessee and Virginia filed suit against the NCAA in January alleging the NIL rules violate federal antitrust laws.

Those interested in running for an elected office with the Tennessee Bar Association or as a TBA delegate to the American Bar Association (ABA) House of Delegates have until Feb. 15 to qualify for the 2024 ballot. Positions open this year on the TBA Board of Governors include a new vice president from the state's West Grand Division, four district governors and six grand division governors. For the ABA House of Delegates, four positions are available. To qualify for any of these roles, candidates must file a nominating petition, including the signatures of 25 TBA members in good standing, with the TBA executive director by emailing barED@tnbar.org, or by mail to 3310 West End Ave., Ste. 590, Nashville, TN 37203. The TBA’s website has more information on the election process and the list of available positions.

The Knoxville Bar Foundation (KBF) is now accepting requests for grant proposals. The deadline is March 8. The KBF’s goal is to facilitate and support projects and programs that seek to improve the administration of justice, enhance the public’s understanding of and confidence in the legal system, support access to the legal system, and serve the legal profession. Since 1997, the KBF has awarded approximately $560,000 in grants for local law-related projects. In 2023, the KBF board approved 12 grant requests totaling $25,000. Awards will be announced in May. Learn more and apply.

A federal judge has denied a requested temporary restraining order, creating a delay for Tennessee and Virginia in their quest to pause NCAA rules regarding name, image and likeness (NIL) benefits for college athletes, reports the Tennessean. The ruling leaves the current NIL rules in place for Wednesday, the start of the Division I football regular signing period, when recruits can sign a letter of intent with a university. The same judge will hear arguments for a lengthier preliminary injunction in a Greeneville courtroom Feb. 13.

Members of the TBA Young Lawyers Division (YLD) joined lawyers from across the country in Louisville, Kentucky, this past weekend for the 2024 American Bar Association (ABA) Midyear Meeting. YLD members participated in ABA governance meetings and networked with other members of the profession. See photos from some of the events.

The Tennessee Supreme Court last week hosted state supreme court chief justices from around the country as the Conference of Chief Justices (CCJ) held its Mid-Year Meeting in Nashville. While normally only the chief justice from each state attends CCJ conferences, all five of Tennessee's justices were able to attend since the state hosted the event. Sessions included the impact of AI on the administration of justice, the practice of law and law school curricula, in addition to ethical considerations related to AI in litigation and the judiciary. The justices also heard Tennessee author Keel Hunt, Nashville School of Law Dean William Koch and Nashville attorney Hal Hardin recount the story of how former Gov. Lamar Alexander took his oath of office early to stop a pardon scandal. That account is chronicled in Keel’s book “Coup.”Learn more about the meeting.

The University of Memphis School of Law won second place in the nation in the 74th Annual National Moot Court Competition, held Jan. 31 at the New York City Bar Association. The national finalist team was comprised of students Thomas Fletcher, Kelsey McClain and Derrick Shawver and coached by Professor Barbara Kritchevsky. McClain also won the Best Brief Award and was runner-up for the Best Oralist Award in the final round. More than 130 teams competed in the competition, with the top two teams from each region traveling to the finals. Learn more about the competition.

Gov. Bill Lee outlined his $52.6 billion state budget proposal to lawmakers during his annual State of the State address Monday evening, the Tennessean reports. House and Senate members will consider budget legislation over the coming months. Big-ticket items in the proposed budget include $410 million in recurring funding and $1.2 billion in nonrecurring funding to simplify the franchise tax in Tennessee. While the current franchise tax has been in place for roughly 90 years, a change was necessitated by the threat of litigation, thus prompting the administration to address the issue now so the state can move forward. The budget also includes a $141 million appropriation to establish Education Freedom Scholarships. While specific details of the plan have yet to be revealed, Gov. Lee emphasized that it should be parents — and not the government — who decide where their children go to school and what they learn.

On the judicial front, it appears that many areas of the judicial system are slated to be funded at the same levels as the current FY 23-24 budget, including indigent representation. Increased funding for indigent representation remains a top priority of TBA, which is committed to working alongside the Tennessee Supreme Court, Administrative Office of the Courts and others on this important issue. In related news, the executive committee of the Tennessee Judicial Conference, which represents all state judges, sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly stressing the need to increase funding for indigent representation in the state. Other legal organizations, including the TBA, also have written similar letters, which are posted here. For more information, and to join TBA’s grassroots efforts to support funding for indigent representation and other issues important to Tennessee attorneys, please visit TBA’s Government Affairs webpage.

An East Memphis resident has filed an ethics complaint against Memphis City Council member Michalyn Easter-Thomas, asserting the councilwoman’s job with the Memphis River Parks Partnership is a conflict of interest, reports the Daily Memphian. Rebecca Neves filed the complaint in late January which asserts that because Easter-Thomas is an employee of a nonprofit that has a contract with the Memphis Parks Department, she has a conflict of interest under Section 20, Article 5 of the city charter. Under city ordinance, the city’s chief ethics officer must evaluate the facts of the complaint by Feb. 8. The Daily Memphian reports it is not clear if the ethics officer already has issued a recommendation.