TBA Law Blog


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Posted by: Julia Wilburn on May 21, 2026
News Type: Legal News

Tony Carruthers' execution was halted at the last minute after the contracted doctor failed to establish a viable IV line for the lethal injection. Unable to find a suitable vein, the doctor attempted to place a central line as required by protocol, but was not qualified to do so — and the attempt failed. An emergency filing was made to the Tennessee Supreme Court, after which Gov. Bill Lee issued a one-year reprieve. According to the Nashville Banner, Carruthers' ACLU attorney called it a "botched execution," saying her client had been "tortured" during the failed attempts to find a vein. Read more in a press release from the Middle Tennessee Federal Public Defender's Office about the failed execution. In a press release issued on Tuesday, the defender's office stated that the Tennessee Department of Corrections (TDOC) was refusing to confirm that they would not use expired lethal injection drugs to execute Carruthers. Tennessee’s 2025 Lethal Injection Protocol does not expressly forbid the state from using expired drugs in an execution. Rather, it imposes a system of regular and pre-execution inventories and requires appropriate disposal only if expired drugs are revealed during one such inventory. The Banner and The Associated Press report on the developments.

Posted by: Julia Wilburn on May 21, 2026

The Tennessee Supreme Court on Thursday issued an opinion ordering the release of documents sealed in connection with a criminal case. In April 2024, three documents — a motion to disqualify and two supporting documents — filed in a Davidson County criminal proceeding were sealed. After learning about the existence of the sealed documents, the Nashville Banner sought to have the documents unsealed. The criminal court denied the newspaper’s motion and a panel of the Court of Criminal Appeals agreed. The Banner then appealed to the Tennessee Supreme Court. That court upheld the paper's right to appellate review and, after reviewing the legal standards for sealing documents filed in connection with a judicial disqualification, determined there was no compelling interest to keep the records sealed. It thus ordered the documents be made available for public inspection. Chief Justice Jeff Bivins and Justice Holly Kirby each filed separate opinions concurring in part and dissenting in part. Read more in a press release from the Administrative Office of the Courts.

Posted by: Stacey Shrader Joslin on May 21, 2026
News Type: Legal News

The American Bar Association (ABA) Council of Section of Legal Education and Admissions to the Bar recently voted to eliminate a rule that requires law schools to demonstrate a commitment to diversity in recruitment, admissions and student programming. Reuters reports that the move comes after the ABA Standards Committee determined that the council’s role as an accreditor “would be imminently threatened if the diversity and inclusion rule is not repealed." Read the committee's memo. In April 2025, President Donald Trump signed an executive order directing the U.S. Education Department to assess whether to suspend or terminate the ABA's role as the government's official law school accreditor. The rule has been suspended since February 2025. Any change will not become final until the ABA House of Delegates votes on the matter. Also last week, the council voted to gather public comments on eliminating a 2022 rule requiring law schools to educate students about bias, racism and cross-cultural competency, as well as a proposal to pare back a non-discrimination rule for students and faculty.

Posted by: David Lazar on May 21, 2026
News Type: Legal News

A Tennessee man will receive $835,000 from Perry County after he was jailed for 37 days for posting on social media about the assassination of political commentator Charlie Kirk, The Associated Press reports. Lexington resident Larry Bushart was arrested in September after refusing to take down Facebook memes that joked about Kirk's killing. The post that prompted his arrest referenced President Donald Trump's 2024 comments after a school shooting in Iowa. Perry County Sheriff Nick Weems claimed the meme amounted to a threat of mass violence for the local high school, which shares the name of the Iowa school. Bushart and his attorneys dispute that claim. As part of the settlement, the 61-year-old will drop the federal civil rights lawsuit he filed against the county for violating his constitutional rights. While Bushart, a former police officer, was in jail, he lost his post-retirement job, missed his wedding anniversary and was not present for the birth of his granddaughter.

Posted by: Laura Labenberg on May 21, 2026
News Type: Upcoming

Legal Aid of East Tennessee, Hamilton County Juvenile Court, the Chattanooga Bar Association and the TBA Young Lawyers Division are sponsoring a free Family Law Advice Clinic on June 3 from 3-5 p.m. EDT. Volunteers are needed for the event, which will be held at the Dr. Carol B. Berz Family Justice Center, 5705 Uptain Rd., Chattanooga 37411. Contact TBA YLD District Representative Mary Frances DeVoe for more information. View a flyer for more information and to register.

Posted by: Julia Wilburn on May 21, 2026
News Type: Legal News

Hamilton County General Sessions Court Judge Gary Starnes has announced that he is dealing with a brain tumor. In a public Facebook post, he said he will undergo surgery and begin chemotherapy soon. Starnes says he and his family have been overwhelmed by the support they have received since news of his condition began circulating, reports News Channel 9. "I am going to fight this tumor to the best of my ability and return to work if healthy enough to do so," he wrote. "In any event, I want to thank the people of Hamilton County for allowing me to serve as a General Sessions Court Judge for nearly 14 years thus far — it has been the honor of a lifetime."

Posted by: Stacey Shrader Joslin on May 21, 2026
News Type: Legal News

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion on May 20 clarifying Rule 1.16(b)(5) of the ABA Model Rules of Professional Conduct. That rule permits a lawyer to withdraw from representation when “the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.” Formal Opinion 523 clarifies how these obligations can be formalized in engagement agreements and the ethical limitations on such provisions. Read more in a press release.

Posted by: Julia Wilburn on May 21, 2026
News Type: Legal News

Belmont University College of Law recently announced that 2L Ryesa McGehee is this year’s winner in the law school's seventh annual Legal Fiction Workshop. “Routine and Habit” is a gritty story about one defense attorney’s willingness to follow her intuition wherever it may lead. McGehee's story is also eligible for the American Bar Association (ABA) Ross Essay Contest for Legal Short Fiction, which will be decided later this summer. The story was chosen by community reader Frank Toub, who said, "The author tells the all too familiar story of an attorney who, in going the extra mile for a client, oversteps to her own detriment." While a student at Belmont Law, Toub participated in the 2022 Legal Fiction Workshop and won the ABA's Ross Essay Contest.

Posted by: Julia Wilburn on May 21, 2026
News Type: Upcoming

For more than 30 years, musicians and music lovers have gathered in Nashville to honor the memory of blues legend Otha Turner. The 32nd Annual Ode to Otha takes place on May 30 from 2–9 p.m. CDT at 1711 Sweetbriar Ave. in Nashville. The annual block party, hosted by Womble Bond Dickinson attorney and partner Bill Ramsey, also serves as a fundraiser for Second Harvest Food Bank of Middle Tennessee. This year’s lineup includes performances by Stacy Mitchhart, The Otha Turner Boys Fife and Drum Band, Luther Dickinson and JD Simo, Juke Skywalker, Chip Greene and Blue Mother Tupelo. Get tickets in advance here.

Posted by: Julia Wilburn on May 21, 2026

Former Tennessee Supreme Court Chief Justice Roger Page will be honored next month with the Tennessee Bar Association’s (TBA) prestigious Justice Frank F. Drowota III Award. Nashville attorney Barry Howard, who nominated Page for the award, praised Page’s substantial and enduring contributions to public service and the legal system. A dedicated advocate for access to justice, “he consistently supported legal aid organizations, speaking whenever called upon and championing initiatives to assist underserved communities,” Howard said. Page also played a key role during his time on the bench in advancing resources for indigent defense, including efforts to increase compensation for court-appointed counsel and the creation of an appellate division within the public defender’s office to alleviate systemic burdens. He also worked “to expand access for self-represented litigants by promoting the availability of user-friendly forms and ensuring that pro se parties were treated with fairness, patience and respect in his courtroom,” according to Howard.

In announcing this year’s recipient, TBA President Heidi Barcus said the association is honoring Page for his commitment to ensuring access to legal representation across the state. "The TBA is honored to recognize former Tennessee Supreme Court Chief Justice Roger Page for his 40-plus years of service to the Tennessee legal community. Throughout his time on the bench, Page has been a strong advocate for access to justice, especially in Tennessee’s rural counties, and has always handled the cases before him with humility and fairness, embodying the spirit of former Justice Frank Drowota." The award will be presented at the annual Lawyers Luncheon set for June 12 as part of the association’s Annual Convention in Knoxville. Read more about Page in a press release from the TBA.


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