Are you interested in serving with the TBA in 2026? Several positions will be voted on this spring. Available opportunities include a new vice president from the Eastern Grand Division, three district governors and six grand division governors (two from each division) on the TBA Board of Governors, and four positions representing Tennessee in the American Bar Association (ABA) House of Delegates. Learn more about these positions in the 2026 Election Notice published in the November/December 2025 issue of the Tennessee Bar Journal or download a nominating petition. Nominating petitions should be submitted no later than Jan. 15, 2026 to barED@tnbar.org. Questions? Visit the TBA’s election webpage for more information.

The Governor’s Council for Judicial Appointments will consider five applicants when it meets to select nominees for an upcoming vacancy on the Court of Appeals Eastern Section resulting from the retirement of Judge D. Michael Swiney on Jan. 12, 2026. The applicants are Jeffery Scott Griswold, Christopher Dunn Heagerty, Rachel Park Hurt, William Erwin Phillips II and Melissa Thomas Willis. Public interviews are scheduled for Jan. 7, 2026, at 10 a.m. EST in the courtroom of the Knoxville Supreme Court Building at 505 W. Main St., Knoxville, TN 37902. After the interviews, the council will vote to send up to three applicants to the governor. For questions, contact Council Administrative Office of the Courts (AOC) Assistant General Counsel Laura Blount at 615-741-2687.  

Judge Thomas A. Varlan of the U.S. District Court for the Eastern District of Tennessee has announced that he will take senior status effective Oct. 5, 2026, The Chattanoogan reports. Varlan, who was nominated by President George W. Bush, has served as an active district judge for more than 22 years. He also served as chief judge of the district from 2012 to 2019. In commenting on his decision, Varlan said, “It has been my honor and privilege to have served our community and nation as a district court judge. I look forward to continuing to render substantial service to the court as a senior judge."

Tennessee Attorney General (AG) Jonathan Skrmetti is leading a coalition of state attorneys general in opposing a new university participant agreement issued by the College Sports Commission (CSC), according to a press release from his office. The group argues that the terms of the agreement would harm student-athletes, eliminate institutional transparency and impose severe penalties on schools. In a letter to the CSC and the four athletic conferences, Skrmetti and seven other states’ chief legal officers warn that the agreement would allow the CSC to strip conference revenue, impose postseason bans and force universities into mandatory arbitration and sweeping gag orders. The letter also argues the agreement’s enforcement system is arbitrary and suggests it may be intended to bolster support for the controversial SCORE Act in Congress. The group urged the CSC to withdraw the proposal and work with member schools to craft a lawful framework that protects student-athletes and ensures transparency and accountability.

U.S. District Judge Eli Richardson recently dismissed a lawsuit from death row inmate Harold Wayne Nichols, who had sought to challenge Tennessee’s new lethal injection protocol. The Tennessean reports that Richardson ruled that the statute of limitations barred Nichols from bringing suit. Richardson also found that other execution methods would not be less painful, feasible or readily implemented than lethal injection by pentobarbital. Nichols’ attorney, Stephen Ferrell, said he was disappointed Richardson did not hold a hearing before dismissing the case. He has filed an appeal of the decision. Nichols is schedule to die on Dec. 11.

The state of Tennessee officially has asked an appeals court to overturn a lower court ruling that Gov. Bill Lee improperly sent the Tennessee National Guard to Memphis, The Daily Memphian reports. According to the paper, the state filed its application for an interlocutory appeal with the Tennessee Court of Appeals, arguing that Davidson County Chancellor Patricia Head Moskal was wrong when she ruled that Lee had acted outside his authority and issued an injunction. The injunction currently is stayed as the case works its way through the appeals process, leaving the guard to continue its mission in the city. Last month, the state requested permission to appeal Moskal's ruling. The state maintains that addressing crime is one of the allowable reasons for deploying the guard under Tennessee law.

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility has issued Formal Opinion 519 to provide guidance on disclosure and confidentiality rules when a lawyer moves to withdraw from representation. The opinion states that a lawyer’s motion to withdraw is subject to the broad duty of confidentiality, and unless an explicit exception applies or the client provides informed consent, the lawyer may not reveal “information relating to the representation” in the motion. The opinion also addresses how a lawyer should respond if a judge seeks more information and the duty of confidentiality if the motion is denied. Read more in a news release from the association.

Federal officials last week unveiled a new crime-reporting hotline for Memphis public housing residents, part of the Memphis Safe Task Force surge that has generated thousands of arrests. U.S. Secretary of Housing and Urban Development (HUD) Scott Turner said the hotline is meant to provide residents of HUD-funded housing a direct line to report “criminals, illegal aliens, sex offenders, human traffickers and those guilty of gang activity, drug distribution and fraud.” Calls will go to the HUD Office of Inspector General, which investigates fraud, waste and abuse in government-subsidized housing. The office also will coordinate with the U.S. Department of Justice, the FBI and state and local law enforcement, Turner said. The Tennessee Lookout, which reported on the story, noted that federal law already bars most from public housing and mixed-status families make up less than 1% of assisted households nationwide. Federal and state leaders have praised the task force’s work amid reports that the influx of arrests is straining Shelby County courts and jails.

Legal research tool Fastcase, now owned by TBA member benefit partner Clio, has filed a federal lawsuit accusing Canadian legal research startup Alexi of breaching a data-licensing agreement, infringing its trademarks and misappropriating trade secrets. The suit alleges that Alexi used Fastcase’s proprietary legal database — licensed only for internal lawyer research — to build and commercialize an AI legal research platform that directly competes with Fastcase, including training its AI models on Fastcase data and displaying Fastcase-sourced case law to users. Alexi's CEO denies any wrongdoing, calling the dispute a “massive miscommunication” that surfaced only after Clio’s recent acquisition of vLex, and says Alexi always operated within the agreement’s intended scope. After issuing a notice of breach in October and receiving a denial from Alexi, Fastcase terminated the agreement and filed suit, seeking injunctions, damages and disgorgement of profits. Reuters reports on the developments.

The Tennessee Bar Association (TBA) is aware of a phishing email circulating that falsely appears to come from Executive Director Sheree Wright and asks recipients to confirm a phone number. The TBA has confirmed that (1) the message is fraudulent, (2) no TBA systems or member data have been compromised, and (3) the attackers obtained email addresses from sources outside the organization. Several other state bar associations nationwide reported the same scam today. Please delete the message if you receive it and consider reporting it to your IT contact or security team, and be assured that the TBA does not request unsolicited personal or contact information by email. Thank you to those members whose quick reports helped TBA staff identify the issue. Learn more about phishing scams affecting the TBA and how to protect yourself.