TBA Law Blog


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Posted by: Paul Burch on Sep 14, 2023

The Chattanooga Bar Association last week honored the Tennessee Supreme Court at a reception that also recognized retiring Justice Sharon Lee and welcomed Justice Dwight Tarwater. Lee, who retired Aug. 31, had been the high court’s longest-serving member, having been appointed in 2008 and serving as chief justice from 2014 until 2016. Prior to her time on the Supreme Court, she spent four years on the Court of Appeals. In June, Lee received the TBA's prestigious Justice Frank F. Drowota III Outstanding Judicial Service Award, the association’s highest award for service to the judiciary. See photo here.

Posted by: Paul Burch on Sep 14, 2023
News Type: Legal News

The American Psychological Association unanimously approved a new policy last month that people seeking to be licensed attorneys should not be required to reveal their mental health history or if they have ever had a mental health diagnosis. The APA’s governing Council of Representatives pledged to work alongside the American Bar Association and state bars to remove questions regarding mental health diagnoses or treatment history from character and fitness questionnaires. The U.S. Department of Justice has stated that such questions tend “to screen out individuals with disabilities based on stereotypes and assumptions” and recommended removal of applicant questions about diagnoses. In July, Reuters reported on a recent study of law student well-being and found 44% of respondents said the potential threat to their bar admission might deter them from getting help for a mental health issue.

Posted by: Laura Labenberg on Sep 14, 2023
News Type: Legal News

Chattanooga lawyer Brittany Faith, director at Grant, Kovalinka & Harrison PC, has been appointed to the advisory committee of the American Bar Association's Commission on Immigration. Faith was named to the 10-person committee by ABA President Mary Smith. Faith is the immediate past president of the TBA Young Lawyers Division.

Posted by: Stacey Shrader Joslin on Sep 13, 2023
News Type: Legal News

Melanie Gober Grand, executive director of the Lawyers’ Association for Women (LAW) Marion Griffin Chapter in Nashville, has announced her intention to retire on March 31, 2024. Grand has been in the role since June 2000. She previously was executive director for the Tennessee chapter of the Association of Corporate Counsel. Grand also owns MGG Association Management & Consulting LLC, through which she advises and supports small professional organizations in Tennessee. The chapter has formed a search committee to lead the effort to replace Grand. See the job description or contact Courtney Orr with any questions.

Posted by: Stacey Shrader Joslin on Sep 13, 2023

President Joe Biden has nominated Memphis City Council member Patrice Robinson for a seat on the Tennessee Valley Authority (TVA) board, the Commercial Appeal reports. Robinson has served on the council since 2016, but is term limited from running again. Prior to joining the council, she served for 13 years on the Memphis-Shelby County School Board. The nomination requires confirmation by the U.S. Senate.

Posted by: Stacey Shrader Joslin on Sep 13, 2023
News Type: Legal News

The National Conference of Bar Examiners recently announced that the NextGen Bar Exam will be a nine-hour test administered over one-and-a-half days, Reuters reports. The schedule would include two three-hour sessions on the first day and one three-hour session on the second day. This compares with the current Uniform Bar Exam, which is about 12 hours long and taken over two days. The conference says the new exam is set to debut in July 2026, which means that this fall's incoming law students would be the first to take the new exam when they graduate. But, there is no hard deadline for jurisdictions to make the switch, Law.com reports. The new exam is intended to be more skills-oriented but many in the legal industry remain skeptical of the proposed questions and shorter duration.

Posted by: Stacey Shrader Joslin on Sep 13, 2023
News Type: Legal News

The Shelby County District Attorney’s Office has released footage of a fatal encounter between 20-year-old Jaylin McKenzie and Memphis police in December 2022. Three videos, from a combination of dashboard and body-worn cameras, show the events immediately before McKenzie was shot, the Commercial Appeal reports. The footage shows a car chase giving way to a foot chase, during which McKenzie fired a weapon and was shot and killed. Less clear, the paper reports, is whether McKenzie was the first person to fire.

Posted by: Stacey Shrader Joslin on Sep 13, 2023
News Type: Legal News

Two national law firms, Gibson, Dunn & Crutcher and Morrison & Foerster, have changed the description and criteria for their diversity scholarships after a group opposed to affirmative action filed suits, Bloomberg Law reports. The American Alliance for Equal Rights sued Morrison & Foerster and Perkins Coie over DEI programs in August. Morrison & Foerster changed its program to remove references to historical underrepresentation in eligibility criteria. Gibson Dunn changed criteria for its $50,000 DEI scholarship, making it available to students “who have demonstrated resilience and excellence on their path toward a career in law” instead of those “who identify with an underrepresented group.” Perkins Coie, which has not changed its program, said it would “vigorously” defend itself against the suit.

Posted by: Stacey Shrader Joslin on Sep 13, 2023

Gov. Bill Lee yesterday announced that long-time legislative director Brent Easley will step down next month to return to the private sector. Liz Alvey will succeed Easley in the role, effective Oct. 16. Alvey currently serves as legislative counsel. She previously worked with the Tennessee State Senate and was senior policy advisor to state Senate Majority Leader Mark Norris. Lee praised Easley, one of the longest-serving members of his senior team, for his work expanding access to education, boosting economic development, and modernizing transportation and infrastructure. Easley also served as a member of the COVID-19 Unified Command, coordinating the state’s response across executive branch agencies during the pandemic.

Posted by: Stacey Shrader Joslin on Sep 13, 2023
News Type: Legal News

Federal courts will allow remote public access to certain proceedings to continue as they did during the COVID-19 pandemic, but with new restrictions, Reuters reports. The new policy adopted by the U.S. Judicial Conference allows judges presiding over civil and bankruptcy cases to provide live audio access in non-trial proceedings and those that have no witness testimony. The policy falls short of calls by lawmakers and advocates to go further in allowing remote access to other court proceedings, including former President Donald Trump's criminal trials, but goes beyond what the judiciary had generally allowed before the pandemic.


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