TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 25, 2023

The state’s indigent defense system is at a “breaking point,” a story in the Tennessean suggests. With the lowest indigent defense reimbursement rate in the nation ($50 an hour for non-capital cases), the paper says the funding is “so paltry it amounts to a theft of services from attorneys, who are at regular risk of losing money when appointed to the cases.” The reimbursement rate has only been raised $20 in the last 42 years, despite widespread calls for increases and a 2017 task force recommendation to pay between $75 and $125 per hour. Attorneys and judges interviewed for the story say the low rate is “squeezing the state’s judicial system” leading judges to increasingly rely on less experienced lawyers to handle cases. But even that pool of willing attorneys appears to be shrinking, judges say. Dawn Deaner, former Nashville public defender and current executive director at the Choosing Justice Initiative, says the system is in the worse shape "it's ever been."

Posted by: Stacey Shrader Joslin on Sep 25, 2023
News Type: Legal News

A three-judge panel last week ruled that a new state law designed to lower the threshold needed for Nashville leaders to approve improvements to the fairgrounds speedway violates the Tennessee Constitution and cannot be enforced. The law would have allowed the city to undertake demolition at the fairgrounds with a simple majority vote while the local charter requires a supermajority, the Associated Press reports. The state argued that the new law did not specifically single out Music City, but opponents argued that no other municipality fell within the statute’s definition.

Posted by: Stacey Shrader Joslin on Sep 25, 2023
News Type: Legal News

A new study by the RAND Corporation, American Bar Association and National Advisory Commission on Criminal Justice Standards and Goals recommends that caseload guidelines for public defenders be updated to reflect modern-day realities. The current guidelines, issued in 1973, recommend that public defense lawyers devote an average of 13.9 hours to felony cases and 5.2 hours to misdemeanor cases. The new National Public Defense Workload Study recommends guidelines be increased to an average of 35 hours per felony case and 22.3 hours per misdemeanor case. It also increases the average time depending on the seriousness of the case, an element that was omitted from older guidelines. The ABA Journal has more on the study.

Posted by: Stacey Shrader Joslin on Sep 25, 2023
News Type: Legal News, TBA CLE

The TBA’s Animal Law Section held its Annual Forum on Friday at the Nashville Zoo. Attendees heard from experts on issues affecting veterinary clinics and topics related to pets in divorce, regulation and training of service and therapy animals, and bird law. Stephanie White with the zoo’s Behavioral Husbandry Department presented a “Meet and Greet” with two of the zoo’s residents — a python and owl — and attendees met Finn, a therapy dog for Davidson County Juvenile Court, and Luna, a service dog in training for Retrieving Independence. See pictures from the event.

Posted by: Stacey Shrader Joslin on Sep 22, 2023
News Type: Legal News

Frost Brown Todd has reelected Nashville attorney Robert Sartin as chair of the firm, the Nashville Business Journal reports. He will begin his third three-year term with the firm on Jan. 1. Sartin focuses his practice in the energy and automotive industries. The Cincinnati-based firm, with 556 attorneys across 16 offices, has 25 lawyers in its Nashville office.

Posted by: Stacey Shrader Joslin on Sep 22, 2023
News Type: Legal News

New Jersey is the latest state to limit its mental health and substance abuse disclosure requirement for those applying to join the bar, Reuters reports. The move comes amid pressure from mental health advocates who say the disclosures discourage law students from seeking help. Beginning Oct. 1, the Supreme Court of New Jersey will revise a question on the state’s mandatory "character and fitness" questionnaire about mental health and substance abuse diagnoses and treatment to ask applicants whether they currently have a substance abuse or mental health issue that affects their ability to practice law in a competent and ethical manner. New York, Ohio and Virginia are among the states that recently eliminated mental health questions from their character and fitness reviews.

Posted by: Stacey Shrader Joslin on Sep 22, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti recently sat down for an interview with David Plazas, director of opinion and engagement for the USA TODAY Network Tennessee. The two talked about a range of issues, including Skrmetti’s legal career, philosophy, and how he views his role. Skrmetti also explains why he supports legal challenges to federal authority and that one time (so far) that he could not "in good faith" defend a particular Tennessee law. Read an edited version of the interview or watch for the full video to be posted online.

Posted by: Stacey Shrader Joslin on Sep 22, 2023
News Type: Legal News

The Richmond-based Fourth U.S. Circuit Court of Appeals heard oral arguments yesterday in cases out of North Carolina and West Virginia that could have significant implications on whether individual states are required to cover health care for transgender people with government-sponsored insurance, according to the Associated Press. The cases involve provision of care by North Carolina’s state employee health plan and West Virginia’s Medicaid program. Both states are appealing separate lower court rulings that found denial of care to be discriminatory and unconstitutional.

Posted by: Stacey Shrader Joslin on Sep 22, 2023
News Type: Legal News

Three Tennessee lawmakers were set to be on hand today for President Biden's official announcement about forming a new federal office focusing on gun violence prevention, Axios Nashville reports. State Sen. Raumesh Akbari and state Reps. Karen Camper and Harold Love planned to attend the announcement, according to Senate Democrats. The Biden administration says the new White House Office of Gun Violence Prevention will "coordinate efforts across the federal government and will offer help and guidance to states struggling with increasing gun violence." Biden announced yesterday that Vice President Kamala Harris will lead the office. Politico reports on that news.

Posted by: Julia Wilburn on Sep 22, 2023
News Type: Legal News

Nashville Conflict Resolution Center (NCRC) honored two Nashvillians as “Community Heroes” during its 6th annual Mediation Matters breakfast at Hillwood Country Club. Heather Howell Wright and Bill Norton, attorneys at Bradley, served as co-chairs of the fundraiser. Norton is a founder of NCRC and was one of 2022’s community hero honorees. Judge Lynda Jones was the keynote speaker. Community heroes who were honored include Bette Christofersen, longtime community volunteer and mediator and Kim Wolfe, court clerk at Metro Nashville General Sessions Civil Court. Founded in 2000, NCRC provides free mediation to low-income individuals and groups throughout Nashville and surrounding counties. Mediation empowers people to resolve conflict quickly and effectively, which keeps kids in school, adults employed and families safely housed. See photos from the event.


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