TBA Law Blog


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Posted by: Azya Thornton on Dec 12, 2025
News Type: TBA CLE

The TBA will host “Justice Outside the Courtroom: Evaluating Arbitration in Family Law Disputes” on Dec. 18 from 11 a.m. to noon CST, a webcast examining whether the Revised Uniform Arbitration Act offers sufficient protections for families navigating divorce, parenting issues and other domestic matters. The program will explore gaps in confidentiality rules, child-centered standards, judicial review and enforceability, while comparing practices in states with specialized family arbitration statutes. Speakers include Rebecca Ketchie, Amy Amundsen, Chancellor Kasey Culbreath, Leslie Gattas, Professor Becky Jacobs and Carolyn Zack. For more information and to register, visit the TBA website.

Posted by: Stacey Shrader Joslin on Dec 12, 2025
News Type: Year End CLE

The TBA's Year End CLE Event includes a Mediation Package featuring seven total credit hours, including three dual and four general, with programs covering mediation ethics, dispute resolution updates, family law consultations, divorce and tax issues and more. The package includes courses such as “Mediation Ethics – The Ethics of Rule 31,” “The Art of the Family Law Consultation” and “Divorce & Taxes,” with registrants seeking CME credit able to self-submit through the AOC’s ADR Portal using their proof of completion. Check out the specific courses included on the TBA website. Looking for something else? TBA also has six, eight, 10, 12 and 15-hour packages based on specific topics or practice areas, live webcasts and on-demand video all month long. Explore all the Year End options to complete your CLE requirement by Dec. 31.

Posted by: Berkley Schwarz on Dec 11, 2025

The Tennessee Supreme Court on Dec. 10 rejected two constitutional challenges to the state’s 2022 redistricting of legislative districts. A challenge from Gibson County voter Gary Wygant claimed the new House map was unconstitutional because it split the county into two districts, while a challenge from Davidson County voter Francie Hunt claimed the Senate map was unconstitutional because it did not consecutively number the county’s four districts for that body. During trial, the state argued that the challengers had limited or no standing to sue.

The three-judge panel issued a divided opinion holding that: (1) Wygant had standing to bring a district-specific challenge to the House plan; (2) the House plan was constitutional; (3) Hunt had standing to challenge the Senate plan; and (4) the Senate plan was unconstitutional. The panel dismissed Wygant’s challenge to the House plan with prejudice. The panel entered judgment for Hunt as to the Senate plan and ordered the General Assembly to adopt a constitutionally compliant Senate plan by Jan. 31, 2024.

The Supreme Court affirmed in part and reversed in part. It affirmed the trial court’s judgment rejecting Wygant’s district-specific challenge on the merits, reversed the judgment concluding that Hunt had standing, and vacated the judgment holding the Senate map unconstitutional. Read more about the decision in a news release from the Administrative Office of the Courts or view the opinions in the case.

Posted by: Stacey Shrader Joslin on Dec 11, 2025
News Type: Legal News

Two Tennessee Bar Association programs were named the best in the state by the Tennessee Society of Association Executives (TNSAE) at a luncheon and awards ceremony in Franklin. TBA staff were on hand to accept the awards. The TBA's indigent representation education campaign won in the "Associations Impacting Tennessee" category, which recognizes programs that provide community assistance or respond to a community need. Over the course of six months, the TBA launched an intensive campaign to educate lawmakers and the legal community about a new approach to providing free legal services to the indigent. The effort resulted in the General Assembly adopting a new system to improve representation for needy Tennesseans. The TBA also won in the "Best Continuing Education Program" category for its Murder Mystery CLE. The program, sponsored by the Criminal Justice Section, blended education and entertainment in a truly innovative way by immersing participants in a 1920s investigation and using real Tennessee criminal laws to solve a fictional case. Held in person last May, it delivered hands-on learning, collaboration and engagement. Congratulations to all TBA members and staff who were involved in advancing these programs! See photos from the ceremony.

Posted by: Stacey Shrader Joslin on Dec 11, 2025
News Type: Your Career

The University of Tennessee Winston College of Law is seeking to hire a director of externships to begin no later than Aug. 1, 2026. The faculty-level position will include responsibility for judicial, prosecution and public defender externships, field placements, and the semester in residence program. Applications should be submitted online no later than Jan. 9, 2026. View the full job description or apply online. For questions, please contact professors Paula Schaefer and Danny Schaffzin, co-chairs of the Externship Director Search Committee.

Posted by: Stacey Shrader Joslin on Dec 11, 2025
News Type: Legal News

A lawsuit filed last summer challenging a new state law — which eliminated consideration of a defendant’s ability to pay from judges’ bail decisions — has been certified as a class action, the Daily Memphian reports. The suit, filed by advocacy group Just City, now represents thousands of defendants who have been incarcerated in Memphis since the law took effect in May 2024. U.S. District Judge Thomas Parker said he granted the class certification because it met the requirements to do so under federal law, including having the amount of defendants required to become a class. The case is set to go to trial Feb. 23, 2026.

Posted by: Stacey Shrader Joslin on Dec 11, 2025
News Type: Legal News

The Tennessee Comptroller’s Office has found that Weakley County Circuit Court Clerk Courtney McMinn improperly signed petitions to expunge criminal records for someone who was not eligible for expungement under state law. The office found that McMinn prepared four petitions for a person convicted of forgery in Weakley, Obion, Henry and Carroll counties and sent the petitions to court clerks in those counties. She signed the individual’s name on all four petitions and did not disclose the multiple convictions to the other clerks. Expungements ultimately were approved in Weakley and Carroll counties, but since have been reversed. The process in other counties was halted once the situation became known. The comptroller’s report was released on Dec. 8, six days after McMinn submitted notice of her resignation effective on Dec. 31, according to the Rogersville Review.

Posted by: Stacey Shrader Joslin on Dec 11, 2025
News Type: Passages

Lawrenceburg lawyer Charles W. “Charlie” Holt Jr. died Dec. 10 after a full day of work, according to his law firm. He was 74. Holt earned his law degree from the University of Tennessee (now Winston) College of Law in 1976 and began his legal career in Smyrna. He soon moved back home to Lawrenceburg and began practicing with William E. “Bill” Boston in the firm now known as Boston, Holt & Durham. In addition to nearly five decades of private practice, Hold also served as county attorney for Lawrence County for more than 30 years. He was an active member of the Lawrence County and Tennessee Bar associations and was a fellow of the Tennessee Bar Foundation. Visitation will be held Saturday from 11 a.m. to 2 p.m. CST with services immediately following. Arrangements are being handled by Neal Funeral Home.

Posted by: Stacey Shrader Joslin on Dec 11, 2025
News Type: Passages

Former Tennessee House Majority Leader Gerald McCormick has died at age 63 after a battle with amyotrophic lateral sclerosis, also known as Lou Gehrig's disease or ALS. A Chattanooga-area Republican, McCormick served seven terms in the state House of Representatives beginning in 2004. He was named chair of the Budget Subcommittee and later as House Majority Leader. Following his retirement, McCormick joined the Ingram Group to pursue a lobbying career. The Tennessean has more on his life, while Chattanoogan.com has reaction from his colleagues.

Posted by: Stacey Shrader Joslin on Dec 11, 2025
News Type: Legal News

U.S. District Judge Paula Xinis of Maryland has ordered the immediate release of Kilmar Abrego Garcia from an ICE facility in Pennsylvania, Reuters reports. Xinis found that ongoing detention appears to be “constitutionally infirm” because no U.S. immigration judge has ordered his removal from the country. The AP reports he was released today. The Trump administration said it will appeal the ruling. Abrego Garcia also is awaiting trial in Nashville on charges of human smuggling. The judge in that case already ordered that he be released pending trial. Abrego Garcia has pleaded not guilty in that case, and his lawyers are seeking dismissal based on claims it is a vindictive and selective prosecution.


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