The July/August issue of the Tennessee Bar Journal is live online and arriving in mailboxes soon. In this issue's cover story, Joy Boyd Longnecker, Matthew Lybeck and David Raybin highlight the glaring disparities in criminal and civil discovery under Tennessee law. Memphis Law student Brenden King considers how the paralegal role might be redefined by AI. Newly installed TBA President Charlotte Knight Griffin shares her vision for the 2026-2027 bar year in her inaugural President's Perspective column, The Legal Life recaps the TBA's Annual Convention held in Knoxville June 10-13 and Buddy Stockwell says "farewell" in his final column for the Journal. Other columns include Russell Fowler's History's Verdict, Wade Davies' Crime & Punishment and Marlene Eskind Moses and Ansley Owens Tillett's Family Matters.

A retirement ceremony honoring U.S. Magistrate Judge Barbara D. Holmes will be held July 23 at 3:30 p.m. CDT in Courtroom 6B of the Fred D. Thompson U.S. Courthouse, 719 Church St., Nashville. A reception in the courthouse rotunda will follow the ceremony. View the invitation. Holmes is retiring on July 31 after 11 years of service on the U.S. District Court for the Middle District of Tennessee. Before joining the federal court, Holmes practiced as a partner with Harwell Howard Hyne Gabbert & Manner, where she headed the firm’s commercial bankruptcy and reorganization practice group. Prior to that she worked with the U.S. Trustee’s office. She is a master in the Harry Phillips American Inn of Court and a fellow of the Nashville and Tennessee bar foundations. She also served as president of the Nashville Bar Association in 2002. She earned her law degree from Vanderbilt Law in 1986. The law school has more on her career.

Former Hamilton County Circuit Court Clerk Judith Pitts Medearis has died. A lifelong county resident, Medearis graduated from Tennessee Wesleyan College and began her career in 1961 as a deputy clerk in the Circuit Court Clerk's Office. She was promoted to acting chief deputy in 1969, and later became chief deputy before being elected circuit court clerk in 1978. She served 14 years in the position. Medearis retired in 2002 after 38 years of service to the county. During her tenure, she introduced the state's first call-in system for jurors to determine whether they needed to report for service, a model later adopted by other counties. She also implemented a new filing system to improve case retrieval and oversaw the office's transition to a fully automated system to accommodate growing caseloads. Visitation will be held July 16 from 4 to 8 p.m. EDT at Williamson & Sons Funeral Home in Soddy Daisy. A private graveside service for immediate family will be held July 18 at Hamilton Memorial Gardens.

TBA will offer three ethics webcasts July 16 featuring legal educator Stuart Teicher, known as "The CLE Performer," as part of its Christmas in July CLE lineup. The programs include "Why Lawyers Should Be Harsh: An Ethical Defense of Zealous Advocacy," examining the role of zealous advocacy and the ethical boundaries of aggressive representation; "The Coaching Conundrum: The Ethics of Witness Preparation," exploring the ethical limits of preparing witnesses for testimony; and "Yes, Chef! Culinary Excellence Meets Legal Ethics," which uses lessons from the kitchen to illustrate professional responsibilities involving competence, conflicts of interest and client communication. Get more information and register at the links above. Looking for something else? Visit the TBA website for all July offerings.

Today, civil litigants routinely deploy — with little to no court oversight or involvement — a wide array of discovery tools to develop their claims or defenses. Criminal defendants have far fewer discovery tools at their disposal. In the Tennessee Bar Journal's July/August issue cover story, Joy Boyd Longnecker, Matthew Lybeck and David Raybin highlight these glaring disparities in criminal and civil discovery under Tennessee law and advocates for reform. While the civil rules allow litigants to freely investigate and gather evidence from a variety of sources to support their monetary claims or defenses, the criminal rules significantly limit the discovery available to individuals charged with a crime and often hinder their ability to prepare a defense.

Justice Kyle Hixson last week was sworn in as the newest justice on the Tennessee Supreme Court. The ceremony, presided over by Gov. Bill Lee, was held at the Tennessee Theatre in downtown Knoxville. Chief Justice Jeff Bivins spoke, saying, “Justice Hixson, Kyle, we know you will be a great justice on this court. Your combination of intellect, experience, integrity and personality will serve you well. But more importantly, they will allow you to continue your public service as a servant to the people of Tennessee. We welcome you to the Tennessee Supreme Court and congratulations to you, my friend.” Hixson was confirmed by the state legislature in March and began his term on July 1. Lee appointed Hixson to the state Court of Criminal Appeals in 2022 following two years as a criminal court judge. Hixson graduated from the University of Tennessee and the University of Tennessee Winston College of Law. He fills the vacancy created by the retirement of Justice Holly Kirby. See photos of the ceremony from Knox News and read more in a press release from the Administrative Office of the Courts.

A bill allowing investment managers to pause transaction requests from people 65 and older or people with disabilities when fraud is suspected is making its way through Congress. The bipartisan Financial Exploitation Prevention Act provides open-end investment companies, including mutual funds and some exchange-traded funds, the ability to initially delay a redemption for up to 15 days. Investment managers may delay the redemption an additional 10 days upon determining exploitation. A state regulator, appropriate administrative agency, or court may additionally extend this period. The bill passed the U.S. House on a 414-2 vote last month. A similar bill is under study with the U.S. Senate Banking Committee, though it is unclear if or when the chamber will consider the legislation. According to the Federal Trade Commission, financial abuse cost older victims nearly $2.4 billion in 2024. The agency noted the estimate is likely just a fraction due to underreporting by victims. PBS has more.

The Restoration of Rights Resource Clinic was a free community event designed to educate individuals about second-chance opportunities and connect them with legal resources. Hosted through a collaborative partnership between the Memphis Bar Association's Access to Justice Committee, the Tennessee Bar Association Young Lawyers Division (YLD), The Memphis Alumnae Chapter of Delta Sigma Theta Sorority Inc., West Tennessee Legal Services, and the Shelby County Circuit Court Clerk's Office, the clinic provided information on restoration of rights, expungement eligibility, certificates of employability and other legal resources available to eligible participants. Attendees enjoyed educational presentations, had the opportunity to ask questions and met one-on-one with volunteer attorneys and community partners to better understand their legal options. The clinic also connected participants with organizations that provide ongoing legal assistance and support. By bringing together legal professionals and community organizations in one location, the event helped increase access to justice and empowered individuals with the information and resources needed to pursue a fresh start. The TBA YLD district representative in Memphis is Constance Brown.

This week’s Elder Law Forum will feature a session on resources for individuals with disabilities who need decision-making assistance. Metro Nashville Office of Conservatorship Management Director Amy Bryant and Tennessee Center for Decision Making Support Director Penny Johnson will provide information on different options for disabled clients, oversight processes and the blueprint for a statewide conservatorship management office. Other topics at the forum include fraud concerns for seniors, guardians ad litem, special needs trusts and ethics. Elder Law Section members receive a discounted rate to attend. Register now.

Members of the TBA gathered at the Sumner County Sheriff's Office in Gallatin for a TBA Young Lawyers Division (YLD) Essential Documents clinic on July 11. There was tremendous interest in the services provided, which included wills, advanced directives and powers of attorney. The clinic resulted in successful essential document drafting and offered a training opportunity for two new lawyers and three law students to continue this pro bono service in the future. The clinic was organized by TBA YLD District Representative Grace Burnett.