TBA Law Blog


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Posted by: Azya Thornton on Aug 4, 2025
News Type: Legal News

Penny Schwinn, who was nominated to serve as deputy secretary of the U.S. Department of Education, has withdrawn her nomination, Education Secretary Linda McMahon announced last week. Schwinn, a former Tennessee education commissioner, will instead take on a different role within the department. According to Tennessee Lookout, Schwinn is known for her advocacy of improved reading outcomes and was among President Donald Trump’s early picks for department posts. In a statement, Schwinn said she gave the decision “thoughtful consideration” and remains “committed to protecting kids, raising achievement and expanding opportunity — my lifelong mission and north star.”

Posted by: Azya Thornton on Aug 4, 2025
News Type: Legal News

Memphis bail reform nonprofit Just City plans to use its own funds to bail out as many people as possible from the Shelby County Jail, the Commercial Appeal reports. Just City Executive Director Josh Spickler said the organization will use $50,000 from its bail fund to assist those being held at the jail. The move comes after news of deaths and overcrowding at the facility. Along with announcing the initiative, Spickler called on the Shelby County Sheriff's Office to take immediate steps to improve jail conditions, process inmates more quickly and reduce the number of inmates with mental health issues by next year.

Posted by: Azya Thornton on Aug 1, 2025
News Type: Legal News

A University of Memphis law student has filed a lawsuit in Shelby County Chancery Court, alleging the city of Memphis violated the state Public Records Act by restricting access to police disciplinary documents. Tyler Foster claims the city imposed inflated fees, inconsistent policies and a “sustained pattern of noncompliance” in responding to his public records requests, including failure to provide clear explanations of fees and denial of legally mandated documents, the Memphis Flyer reports. Foster, who has submitted requests through the city’s online Public Records Center since June 2024, says his requests for police disciplinary records were marked “fulfilled and closed” without delivery of any documents. The suit contends the city’s actions hinder transparency and accountability amid longstanding concerns about police misconduct. In May, the American Civil Liberties Union and Stand for Children Tennessee submitted a public records request to the Memphis Police Department for information about “misconduct and civil rights violations.”

Posted by: Stacey Shrader Joslin on Aug 1, 2025
News Type: BPR Actions

On July 22, the Tennessee Supreme Court lifted a temporary suspension it had imposed on Cumberland County lawyer Melanie Beth Shada on April 25, 2024. The court noted that Shada’s acceptance of a public censure on Oct. 24, 2024, resolved the disciplinary matter. It did not reinstate her license, though, since she remains administratively suspended for failure to pay annual registration fees.

Posted by: Azya Thornton on Aug 1, 2025
News Type: Passages

Judge George W. Emerson Jr. died July 29 at age 71. Emerson earned his degree from Memphis State University in 1977, followed by a law degree from the Cecil C. Humphreys School of Law in 1980. He began his career as a law clerk for Judge William B. Leffler, then practiced law for more than two decades before being appointed as a U.S. Bankruptcy judge for the Western District of Tennessee in 2006, a role he held with honor until his retirement in 2020. A visitation will be held Aug. 9 at 10 a.m. CDT at the Church of the Incarnation, 360 Bray Station Road, Collierville 38017, followed by a funeral service at 11 a.m. A reception will take place afterward at Ridgeway Country Club, 9800 Poplar Ave., Germantown 38139. In lieu of flowers, donations may be made to Baptist Reynolds Hospice House, Church of the Incarnation, Hope Church or Our Lady of Perpetual Help.

Posted by: Azya Thornton on Aug 1, 2025

Sen. Richard Briggs, R-Knoxville, and Ed Jackson, R-Jackson, are asking the Tennessee Department of Correction to release part of a $14 million fund balance to support the state’s Community Corrections program, which suffered a 15% funding cut this year, the Tennessee Lookout reports. Briggs sent a formal letter detailing the impact the budget cut had on the program and requested the department to release 10% of a $14 million “carry forward” fund balance for Community Corrections to enable 13 programs to operate. Commissioner Frank Strada has declined to release the requested funds, citing budgetary and strategic constraints. The budget reduction has forced layoffs and service cuts in agencies like the East Tennessee Human Resource Agency, which had served 750 people across 19 counties before the state imposed new program requirements in 2022. Jackson said additional funding requests will continue in 2026, but warned rural programs could face further reductions in the meantime.

Posted by: Azya Thornton on Aug 1, 2025
News Type: Legal News

Judge Janice Holder, Tennessee’s first female chief justice, is being honored for a trailblazing career that began almost by accident, according to the University of Memphis blog. “I wasn’t drawn to the field of law. I applied to one law school, and I got accepted, so I decided I would just try it for a year,” Holder said. After earning her law degree from Duquesne University and clerking for Chief Judge Herbert P. Sorg of the U.S. District Court for the Western District of Pennsylvania, Holder practiced law in Pennsylvania and Memphis before being elected Circuit Court judge in District 30 in 1990. She was appointed to the Tennessee Supreme Court in 1996 and became chief justice in 2008, the first woman to hold the role. Her legacy includes spearheading the creation of the Access to Justice Commission and the Tennessee Lawyers Assistance Program. Holder also maintains close ties to the University of Memphis Cecil C. Humphreys School of Law, where she mentors students and promotes public service.

Posted by: Stacey Shrader Joslin on Aug 1, 2025
News Type: BPR Actions

The Tennessee Supreme Court on July 23 suspended 18 attorneys for failure to pay the annual registration fee; nine of whom also failed to file proof that client funds are held in an IOLTA-compliant account. View the fee suspension order and IOLTA suspension order. Six lawyers have been reinstated since the list came out. One other lawyer suspended in 2023 also has been reinstated. See the list of all lawyers suspended and reinstated for fee and IOLTA violations in 2025 or access all administrative suspensions dating back to 2005.

Posted by: Azya Thornton on Aug 1, 2025
News Type: Legal News

Middle Tennessee school districts are rolling out new cellphone policies to comply with a state law that went into effect on July 1. In March, Tennessee lawmakers passed legislation banning the use of cellphones and other wireless devices during classroom instruction time. According to WPLN, the law includes exceptions for students with disabilities or medical needs, as well as those who use wireless devices for educational purposes. The law allows school districts to set their own levels of cellphone restriction. In recent weeks, school boards have been updating their policies accordingly. Under the final version of the law, students may use their phones during emergencies. The bill’s sponsor, Rep. Rebecca Alexander, R-Jonesborough, said school districts are responsible for finalizing the details, but she expects boards to adopt policies that include notifying parents directly in emergency situations. The Tennessee Board of Education will review each policy to ensure compliance.

Posted by: Azya Thornton on Aug 1, 2025
News Type: TBA CLE

The TBA will host a “Tax Law 2025: Divorce & Taxes” webcast on Aug. 29 from noon to 1 p.m. CDT. The program will explore how divorce impacts taxes for both parties. Additional details will be announced soon on the TBA website. 


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