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Posted by: Stacey Shrader Joslin on Jan 10, 2025

The Memphis Bar Association's (MBA) Second Saturday Legal Advice Clinic originally scheduled for tomorrow has been canceled due to inclement weather. The clinic will next be held on the second Saturday in February. To sponsor a future clinic, contact Mary Ann Upchurch at maupchurch@memphisbar.org. Questions about the clinic should be directed to Memphis Area Legal Services Pro Bono Managing Attorney Heather Staggs at hstaggs@malsi.org.

Posted by: Liz Slagle Todaro on Jan 10, 2025

This week's installment of TBA's Indigent Representation Primer is now available. The new post provides more information about the role, responsibilities and resources for guardians ad litem (GALs), including the obligation to advocate for the best interests of a child, ensuring their needs are fully considered in legal decisions. In many instances, family law cases can be complex and emotionally charged; a GAL ensures that decisions are made based on the child’s needs, rather than the adult participants’ desires. Often the cases the GAL is involved with include not only legal problems, but also social, economic or health issues that may be relevant. In Tennessee, Supreme Court Rule 40 sets forth guidelines and responsibilities of GALs in juvenile court neglect, abuse and dependency proceedings, including special considerations when a child's best interests are in conflict with their expressed wishes. Read all past primer posts.

Posted by: Azya Thornton on Jan 10, 2025

During a meeting Tuesday, Memphis City Council members passed an amendment adding a "trigger" to an ordinance that includes a series of gun control measures approved by voters in the 2024 election. Members also voted to enter the election results into the permanent council record. According to the Tri-State Defender, the resolution acknowledges that current state law nullifies the ordinance but includes language allowing it to take effect if the open-carry law is changed in the future. 

Posted by: Azya Thornton on Jan 10, 2025

James William "Bill" Stinnett Jr. died Tuesday at age 96. A U.S. Navy veteran, Stinnett served as city judge in Ashland City until his death, possibly making him the oldest serving judge in Tennessee until his recent illness, according to the Tennessean. He earned his law degree from YMCA Night Law School (now Nashville School of Law [NSL]) and in 2012, he and his partner, Bill Wilkinson, received the Distinguished Alumni Award from NSL. The family will receive visitors from 4-6 p.m. CST on Monday and on Tuesday from 10 a.m. until noon at Cheatham County Funeral Home, 117 Elizabeth St., Ashland City 37015. Services will be held Tuesday at noon in the funeral home's chapel, with burial to follow at EverRest of Cheatham in Pleasant View. Donations may be made to Shriners Hospital or St. Jude Children's Hospital

Posted by: Azya Thornton on Jan 10, 2025

After initially denying public records requests for an execution manual outlining new lethal injection protocols, the Tennessee Department of Correction has released a redacted version of the document. According to the Associated Press, the manual — much shorter than the previous version — includes a single page on lethal injection chemicals with no specific instructions for testing the drugs. It also removes a requirement that the drugs come from a licensed pharmacist. Kelley Henry, a Nashville-based assistant federal public defender who represents several death row inmates, described the new manual to the news outlet as "incomplete, truncated and vague." She added, "As of today, we still do not know the source of drugs, whether they are compounded, or whether they have been diverted from the market into a gray market, how they will be procured, stored, tested and administered." The 44-page document also redacts some titles and names and omits previously detailed steps for carrying out executions in Tennessee.

Posted by: Azya Thornton on Jan 10, 2025

Legal Aid of East Tennessee (LAET) will host three clinics next week. A Kingsport Bar Association Free Legal Advice Clinic will be held Tuesday from 5-6:30 p.m. at the V.O. Dobbins Community Center in Kingsport. A Legal Clinic on "Being an Estate Executor" will take place Wednesday at 9:30 a.m. at the Jonesborough Senior Center. On Friday, the TriPride Event "Know Your LGBTQ+ Rights" webinar will be held for residents of Tennessee and Virginia, starting at 1 p.m. All times eastern. For more information and to register for these events, visit the LAET website.

Posted by: Azya Thornton on Jan 10, 2025

Due to a winter storm and the threat of hazardous travel conditions, Gov. Bill Lee closed state offices today. State courts were also closed and no opinions were released. State services offered online remain available, and state employees who can work from home have continued to do so. At Lee's direction, the Tennessee Emergency Management Agency (TEMA) issued a state of emergency to provide regulatory relief ahead of the storm, which is expected to impact the state through Saturday afternoon, according to a press release from the governor's office. TEMA is working with local, regional and state partners to support readiness actions and resource requests. The Tennessee Department of Transportation is urging residents to exercise caution and avoid non-essential travel.

Posted by: Azya Thornton on Jan 10, 2025

The National Court Reporters Association (NCRA) is facing a lawsuit alleging it created an illegal monopoly over professional certification and overcharged its members for dues. According to Reuters, in a proposed class action filed last week in New Jersey, two court reporters claimed the NCRA was unlawfully forcing them and thousands of others to pay annual membership fees to maintain their certification. The lawsuit alleges the association violated U.S. antitrust law by "tying" certification to membership fees and states that there are no "reasonable substitutes" for NCRA certification, as state court reporter associations do not provide certification. The plaintiffs seek to represent a class of court reporters who have purchased membership from the NCRA since 2014, and the suit is asking for unspecified monetary damages and other penalties. The NCRA said it is reviewing the complaint but declined to comment further, the news outlet reports. 

Posted by: Stacey Shrader Joslin on Jan 10, 2025

Acting U.S. Attorney for Tennessee’s Middle District Tom Jaworski has joined the Nashville office of Epstein Becker Green as a member of the firm. He will handle health care matters with a focus on investigations and enforcement. Jaworski served as acting U.S. attorney starting in October 2024 following the departure of Henry Leventis, who joined the Nashville office of Holland & Knight. Jaworski previously served as first assistant U.S. attorney. Prior to joining the Nashville-based prosecutor’s office, Jaworski served as a trial attorney with the U.S. Department of Justice’s Criminal Division in Washington, D.C., where he focused on health care fraud, kickback crimes and money laundering. Read more in a release from the firm.

Posted by: Stacey Shrader Joslin on Jan 10, 2025

The U.S. Judicial Conference will not refer U.S. Supreme Court Justice Clarence Thomas or Justice Ketanji Brown Jackson to the Department of Justice (DOJ) for probes into whether they violated ethics rules for alleged disclosure failures. Notification of the decision came in letters to two federal lawmakers and a conservative think tank that had sought the referrals. According to the ABA Journal, the lawmakers were concerned about reports that Thomas failed to disclose financial dealings with two wealthy individuals, while the Center for Renewing America sought Jackson’s referral based on allegations she failed to disclosure some of her husband’s consulting income as well as private contributions to her investiture celebration. The conference noted that both justices had amended their disclosure statements to address these issues, but also expressed skepticism that it even has the authority to refer justices to the DOJ.


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