TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 6, 2023
News Type: Legal News

Hamilton County District Attorney Coty Wamp is seeking to transfer to adult criminal court the cases of five juveniles involved in two violent carjackings in January. The carjacking that occurred on Jan. 26 involved a 14-year-old and two 16-year-olds, while the carjacking on Jan. 28 involved a 13-year-old, 14-year-old and 15-year-old, Chattanoogan.com reports. Juvenile Court Judge Rob Philyaw will make the ultimate decision on whether or not to transfer the cases. He issued a statement saying he cannot comment on the case but will apply the admissible facts to the factors he is allowed to consider when making the decision. He also said he often speaks in the community about the “serious life-altering consequences” youth offenders can face and encouraged teens and their families to heed these messages.

Posted by: Stacey Shrader Joslin on Feb 6, 2023
News Type: Legal News

Both the city of Memphis and Shelby County leaders are taking steps to respond to the death of Tyre Nichols. On Friday, Mayor Jim Strickland announced that the city is contracting with an outside organization to do an investigation into its police department. According to The Commercial Appeal, the city has engaged the Department of Justice’s Office of Community Oriented Policing Services through the Collaborative Reform Initial Technical Assistant Center and the International Association of Police Chiefs. Meanwhile, the Shelby County Commission today is considering two non-binding requests for action. One supports additional training, improved data collection and greater transparency on the use of force. The second calls on the Shelby County sheriff to use the video of Nichols in its annual de-escalation training. The Daily Memphian has more.

Posted by: Barry Kolar on Feb 6, 2023

Tennessee lawyers representing the state at the ABA’s Midyear Meeting in New Orleans heard updates on the profession from a variety of ABA leaders at the TBA’s annual delegation breakfast on Sunday. Among those addressing the group were ABA President Deborah Enix-Ross, ABA House of Delegates Chair Gene Vance, ABA President-elect Mary Smith and ABA Executive Director Jack Rives. The delegation, under the leadership of former TBA President John Tarpley, also heard from TBA President Tasha Blakney and took part in a Saturday reception honoring former TBA Executive Director Joycelyn Stevenson. See photos from those events here.

Posted by: Stacey Shrader Joslin on Feb 6, 2023

Gov. Bill Lee is set to deliver his fifth State of the State address tonight at 6 p.m. CST. He will give the speech before a joint session of the Tennessee General Assembly in the House Chamber, the Tennessean reports. Read excerpts released by his office or watch the speech live here. In advance of the speech, House Democratic Leader Karen Camper released a prebuttal message focused on efforts to end police brutality. In the video, Camper calls on colleagues to “show the nation that we can work together and serve justice for Tyre Nichols and all the victims of police brutality.” She also called for bipartisan action on health care, child care, housing, education and the crisis at the Department of Children’s Services. Tri-State Defender has more on her remarks and a link to the recorded message.

Posted by: Stacey Shrader Joslin on Feb 6, 2023
News Type: Legal News

An effort to end the American Bar Association's longstanding requirement that law schools use the LSAT or other standardized test in admissions has failed for a second time in six years, Reuters reports. The ABA House of Delegates rejected the change to its accreditation standards today after more than an hour of debate. The proposal to allow law schools to go "test optional" in 2025 has divided law schools and the ABA itself, with law student diversity emerging as the primary point of contention. Those supporting the change argued that the LSAT is a barrier for minority test takers because on average they score below white test takers and because law schools rely too heavily on those scores. Those opposing the change warned that eliminating the requirement would make admissions offices more dependent on subjective measures such as the prestige of an applicant’s college, which could disadvantage minority applicants.

Posted by: Stacey Shrader Joslin on Feb 3, 2023
News Type: Legal News

The judges of the U.S. District Court for the Western District of Tennessee have selected Wendy Oliver as the next clerk of court following the retirement of Tom Gould at the end of January. Oliver served as the deputy clerk under Gould. The judges report they are very pleased that Oliver has accepted the position and are confident she will be an outstanding clerk. Oliver has devoted her entire adult career to the court, the judges say in a statement.

Posted by: Stacey Shrader Joslin on Feb 3, 2023
News Type: Legal News

The board overseeing Tennessee's emergency medical services voted today to suspend the licenses of two Memphis Fire Department personnel for not providing on-scene medical treatment to Tyre Nichols after police officers beat him. EMTs Robert Long and JaMicheal Sandridge were called to the scene to treat Nichols' injuries, but in a 19-minute video they are seen standing around Nichols, sometimes pacing. Matthew Gibbs, an attorney for the Tennessee Department of Health asked for the suspensions. The Tennessean reports on the proceeding.

Posted by: Stacey Shrader Joslin on Feb 3, 2023
News Type: Legal News

Alternative legal services providers, known as ALSPs, have shown accelerated growth and now make up $20.6 billion of the legal market, according to a recent report. The Thomson Reuters Institute’s biennial “Alternative Legal Services Providers 2023” found that ALSPs are up 45% since the last report in 2021. The most common use of ALSPs is for specialized expertise. But the lines between ALSPs, firms, corporate departments and technology and software firms are “rapidly blurring,” according to the report. The ABA Journal has more on the findings.

Posted by: Stacey Shrader Joslin on Feb 3, 2023

A Republican lawmaker said during a public hearing this week that the Tennessee Bureau of Investigation (TBI) is probing the conduct of current and former employees of the Department of Children's Services — an investigation the TBI would neither confirm nor deny. "I've been made aware of a specific instance where the Tennessee Bureau of Investigation has gotten involved in an internal investigation of DCS employees and former DCS employees," Rep. David Hawk, R-Greenville, said Monday during a Finance, Ways and Means Committee hearing on emergency funding for the agency. The Chattanooga Times Free Press has the story.

Posted by: Stacey Shrader Joslin on Feb 3, 2023
News Type: Legal News

Nashville parks officials are seeking state approval to remove a monument of a confederate soldier in Centennial Park, Tennessee Lookout reports. The statue, a life-sized bronze sculpture of a young man holding a rifle, sits across a field from the Parthenon. Officials have not said where they will move the monument to if they get approval. Their request will be heard by the state Historical Commission on Feb. 17.


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