Recent developments in a court case that could restore voting rights to thousands of people in Tennessee may lead to new delays, News Channel 5 reports. In 2020, the NAACP sued the state alleging that Tennessee officials failed to follow state law that allows people to legally restore their voting rights after serving their sentences and completing parole. The group also alleged that officials added new requirements to the process. While some thought the suit would be settled, attorneys broke off talks in July. In addition, Tennessee Attorney General Jonathan Skrmetti recently asked a judge to reject the suit in its entirety. The NAACP had hoped the suit would be resolved in time for the 2024 presidential election.

Nashville lawyer and TBA Elder Law Section Executive Council member Barbara J. Moss writes in USA TODAY that the conservatorship of Michael Oher is not how law is supposed to work. Moss points out that at the time Sean and Leigh Anne Tuohy petitioned the court to be named conservators for Oher, they specifically stated he had “no known physical or psychological disabilities.” She also notes that for 19 years, the court never required any proof of disability or the filing of status reports. According to Moss, Tennessee law requires clear and convincing evidence that an individual is fully or partially disabled, and mandates the filing of annual accounting and status reports. In August, Oher petitioned the court to terminate the conservatorship, provide an accounting of funds the Tuohys received, and grant him an unspecified amount in damages. Memphis Judge Kathleen Gomes terminated the conservatorship in September.

Multiple organizations today filed a federal lawsuit challenging Tennessee’s aggravated prostitution statute, saying it and related sex offender registration requirements are unconstitutional and violate the Americans with Disabilities Act. Aggravated prostitution is defined by Tennessee law as when a person, knowing that they are HIV positive, “engages in sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity.” The offense is a class C felony and requires lifetime registration as a violent sex offender. The groups — including the ACLU of Tennessee, Transgender Law Center, OUTMemphis and several Jane Does — argue that the law “targets people because of their HIV status and keeps them in cycles of poverty …”.  The Commercial Appeal has more.

Tennessee Attorney General Jonathan Skrmetti has filed a lawsuit against Meta Platforms Inc., alleging that its social media platform Instagram causes mental health harms to young users. In a release issued about the suit, Skrmetti says that “Meta has known for years that Instagram causes psychological harm” and that “targeting kids with a harmful product and lying about its safety violates the Tennessee Consumer Protection Act.” The suit is the result of a nationwide investigation led by Skrmetti and Colorado Attorney General Phil Weiser. Suits from dozens of other states also were filed this week. The group of state attorneys general also is investigating TikTok’s conduct and is currently engaged in litigation over the company’s alleged failure to provide adequate responses to the investigation.

Do you know a high school student interested in learning about the practice of law? If so, please encourage them to apply for the TBA Young Lawyers Division’s inaugural Diversity Law Week, which will take place March 11-16, 2024, across the state. During that week, high school students will have the opportunity to visit a local courthouse, shadow and engage with practicing attorneys, visit a college or law school campus, and participate in programming designed to expose them to the theory and practice of law. Diversity Law Week will offer participants a one-of-a-kind experience and an invaluable roadmap for becoming a lawyer. This opportunity is open to high school students of all grade levels throughout Tennessee. Interested students should apply here.

TBA’s Young Lawyers Division Board members Morgan Hanna and Billy Leslie visited Vanderbilt University Law School last week. The meeting was the last of the board’s annual autumn visits to law school across the state. Each visit consists of a panel of YLD members discussing its award-winning Diversity Leadership Institute program and how law students can maximize their benefits of a free TBA membership. In addition, students are given the opportunity to ask questions about preparing for a career in the legal profession. Learn more about YLD or see photos from this event.

Western State College of Law at Westcliff University in Irvine, California, may soon be the sole American Bar Association-accredited for-profit law school, reports Reuters. It currently enrolls 300 students. A decade ago, six for-profit law schools across the U.S. enrolled more than 5,000 aspiring attorneys. That number has since dwindled to about 900. Half of the for-profit law schools operating in 2013 have shuttered due to waning demand and accreditation problems. For-profit law schools, which rely on tuition revenue, were hit hard by a prolonged decline in law school enrollment between 2010 and 2017, when the number of first-year law students fell 21% nationwide, the news source reports.

TBA’s Young Lawyers Division Board members Morgan Hanna and Billy Leslie visited Vanderbilt University Law School today. The meeting was the last of the board’s annual autumn visits to law school across the state. Each visit consists of a panel of YLD members discussing its award-winning Diversity Leadership Institute program and how law students can maximize their benefits of a free TBA membership. In addition, students are given the opportunity to ask questions about preparing for a career in the legal profession. Learn more about YLD or see photos from today's event.

Former state Rep. Jeremy Durham was indicted today on driving under the influence and felony charges in relation to an incident in downtown Nashville last year, NewsChannel 5 reports. An affidavit obtained by the station indicated police responded to a car accident and detained Durham after he attempted to walk away. Records show Durham repeatedly said he was a “lawyer,” while refusing a sobriety test and blood test. Officers also said they found a green metal grinder with marijuana residue. Charges include driving under the influence, felony reckless endangerment of a motor vehicle, resisting arrest, drug paraphernalia and felony aggravated assault with a deadly weapon. Durham represented Franklin from 2013 until 2016 when he was expelled after sexual misconduct allegations, reported at the time by the Tennessean.

Washington County, Maryland, Circuit Court Judge Andrew Wilkinson was fatally shot in the driveway of his home on Friday, triggering a manhunt for a suspect that authorities said was involved in a divorce case heard in the judge's court earlier in the day, reports Reuters. “We are angered at yet another attack on a jurist for doing the job they swore to do. Threats against the judiciary have increased more than fivefold in the past decade, and it needs to stop, said ABA President Mary Smith in a statement. “Judges must be able to decide matters that come before them without fear of reprisal or physical harm to themselves or their families. If they cannot, an essential element of our democracy will be lost.”