The Tennessee Supreme Court has issued an order seeking comments from the legal community and the public on amendments to Rule 21 that would require attorneys to complete at least one hour of continuing legal education in mental health or substance use disorders every three years. The changes, proposed by the Tennessee Lawyer Assistance Program and Tennessee Alliance for Legal Services, would amend Section 3.01(a) to require at least one hour of the currently required three hours in ethics/professionalism programming be dedicated to these topics. The deadline for submitting written comments is Dec. 19. Comments should reference docket number ADM2025-01538 and be emailed to appellatecourtclerk@tncourts.gov or mailed to: Clerk James Hivner, Re: Tennessee Supreme Court Rule 21, 401 Seventh Ave., N., STE 321, Nashville, TN 37219-1407.

In 2023, 1,588 Tennesseans died as a result of a firearm, a historic high, according to newly released data by the state’s Department of Health. The rate of firearm deaths rose in nearly every category: adult suicide, child suicide and homicides of both adult and child victims, placing Tennessee seventh in the nation for the rate of gun deaths, the Tennessee Lookout reports. Read the full report from WBBJ TV. In addition, Tennessee Senate Democrats maintain a database to track state gun deaths. It was created after the 2023 shooting at The Covenant School in Nashville and shows that over the past 10 years, firearm fatalities involving children increased overall by 128%, firearm suicides among children rose 115% and firearm homicides of children rose 114%.

Knox County District Attorney Charme Allen will not ask the Tennessee Bureau of Investigation (TBI) to examine the Knox County Sheriff’s Office’s handling of a 2022 crash that killed a teenager. The family of Conor Dolin, who died in a single-vehicle wreck, requested an independent review to determine why no charges were filed against the 15-year-old unlicensed driver. Allen said she found no evidence of criminal intent in the sheriff’s investigation, which was marred by missing evidence, a lost crash report and deleted body camera footage, according to Knox News. The DA’s office twice declined to charge the unlicensed driver, citing an incomplete investigation. Allen noted that while her office will not request an inquiry, the TBI could open one on its own.

The U.S. Supreme Court on Monday agreed to take up whether a federal law that bans gun possession for drug users is constitutional, with a decision expected by next summer, The Hill reports. The case stems from the prosecution of Ali Danial Hemani, an alleged regular marijuana user, who was charged after agents searched his home and found cocaine, marijuana and a Glock 19. His conviction was overturned by an appeals court, which ruled the law’s broad scope conflicted with gun rights. It also found that prosecutors had not alleged that Hemani was unlawfully under the influence when the gun was discovered. The Trump administration had asked the justices to take up the case.

A week after an explosion killed 16 people at the Accurate Energetic Systems (AES) plant near Bucksnort, families of the victims are taking legal action against the company, claiming it failed to adequately protect their loved ones, NewsChannel 5 reports. The explosion occurred Oct. 10 at the facility in Humphreys and Hickman counties. The lawsuit seeks $3 million in compensatory damages and $9 million in punitive damages from AAC Investments LLC, the parent company of AES. Attorney Lee Coleman said his firm now represents two families and is investigating additional cases involving as many as eight other potential companies that could be added as more evidence becomes available. AES representatives declined to comment on the litigation but said the company is “committed to learning what caused this unprecedented tragedy” and has always been dedicated to “the highest safety standards.” The investigation into the explosion remains ongoing.

The Tennessee Supreme Court on Oct. 17 lifted a six-year suspension imposed on Shelby County lawyer TeShaun David Moore in 2020, retroactive to 2018. On April 9, 2024, Moore filed a petition for reinstatement. A Board of Professional Responsibility hearing panel recommended that the suspension be lifted. The court adopted that recommendation but conditioned reinstatement on Moore’s “continuing compliance with and timely satisfaction” of conditions set forth in the Oct. 17 order. The court also noted that Moore remains suspended for an administrative violation and will need to seek a separate reinstatement order to lift that suspension.

Last week, the TBA communications team attended the National Association of Bar Executives’ annual Communications Section Workshop in Boise, Idaho. TBA staff members Stacey Shrader Joslin and Julia Wilburn served on a panel titled “Serving the Whole of Your Membership,” where Wilburn discussed efforts to support rural lawyers and Joslin highlighted TBA programming for members at all stages of their legal careers. Later that afternoon, staff member Azya Thornton moderated a social media roundtable discussion. See photos from the workshop.

Davidson County Chancellor Patricia Head Moskal on Friday denied a motion for a restraining order in a lawsuit challenging Gov. Bill Lee’s deployment of the Tennessee National Guard to Memphis. Instead, she set a hearing on a temporary injunction for Nov. 3, according to the Commercial Appeal. Several local and state lawmakers filed the suit Friday against Lee and the state attorney general, seeking to immediately halt further National Guard activity. The lawsuit argues that Lee’s deployment violates the Tennessee Constitution and state law, citing a provision that states the militia “shall not be called into service except in case of rebellion or invasion, and then only when the General Assembly shall declare, by law, that the public safety requires it.” Gov. Lee's office defended the deployment saying, “The Tennessee National Guard is the state’s army under Tennessee law. As the commander-in-chief, Gov. Lee has the authority to authorize the Title 32 strategic mission to Memphis. We are confident the court will uphold the Governor’s constitutional authority.” WREG has more on that response.

Wilson County lawyer Kyle Bates Heckman received a censure from the Tennessee Supreme Court on Oct. 20. The court took the action after determining that Heckmen violated Rules of Professional Conduct 1.3, 1.4, 3.2, 3.4 and 8.4(d). Heckman was hired to probate a client’s late husband’s estate. He filed a petition to probate the estate and then took no further action for five years despite statements to the client that he would do so. In another client matter, Heckman failed to take steps to probate a client’s father’s estate for five months, and failed to respond to 17 emails and multiple voicemails from the client.

Shelby County lawyer Julie Byrd Ashworth was censured by the Tennessee Supreme Court on Oct. 20. The court took the action after determining that Ashworth violated Rules of Professional Conduct 1.6 and 3.5(b) when making comments during mediation and before a judge. Ashworth represented a wife in a divorce in which it was alleged that the wife had engaged in extramarital affairs. At an informal mediation and without the client’s permission, Ashworth told opposing counsel that she was aware that her client had been seen with another man. At a subsequent hearing, without opposing counsel being present, Ashworth responded to questions from the judge about her client’s alleged romantic relationship.