TBA Law Blog


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Posted by: Julia Wilburn on May 29, 2025
News Type: Legal News

Knox County Mayor Glen Jacobs today called for "immediate state intervention" at the Richard L. Bean Juvenile Detention Center, requesting that Gov. Bill Lee shift control of the center's operations from the current board of trustees to the Department of Children's Services (DCS). Jacobs says that move will protect the center while more permanent arrangements can be made for the Knox County Sherriff's Office to take control. Knox News reports that issues surfaced this week after the center fired its sole registered nurse and an information technology specialist under what Jacobs and Juvenile Court Judge Tim Irwin called "questionable circumstances." In a letter to the center, Jacobs and Irwin demanded the two employees be reinstated. The nurse, Stephanie Clowers, told the paper she had been documenting errors in medication distribution and poor practices, including one instance when a juvenile lost consciousness after ingesting another's medication. No one at the facility took his vitals, called poison control or summoned an ambulance, she stated. An investigation by ProPublica and Nashville Public Radio in 2023 found that the center had been using seclusion as a punishment for years, rather than as a last resort as the law requires.

Posted by: Stacey Shrader Joslin on May 29, 2025
News Type: Legal News

The Tennessee Workers Comp Appeals Board will hear in-person oral arguments in Taylor v. Dale’s Recycling on June 13 in Murfreesboro. The case involves a claim of brought by the wife of Darrell Taylor, who died of cardiorespiratory arrest related to chronic hypertension and diabetes while driving a trailer of scrap metal for Dale’s Recycling. The trial court awarded benefits. Both parties rely on Mitchell v. Bunge North America, the only post-Reform Act appellate opinion about heart attacks, to support their positions. Arguments will begin at 9:15 a.m. CDT.

Posted by: Julia Wilburn on May 29, 2025
News Type: Legal News

The 3rd Judicial District Chancery Court is reminding attorneys that when they file orders in the Electronic Court Filing System (ECF), a certificate of service must be included as part of the order listing all parties just as if it had been filed on paper (Rule 11 Local Rules of Electronic Filing). This includes orders to close estates unless the parties have waived service of final order under oath. The court also reiterates that the Notice of Electronic Filing (NEF) does not replace the need for service of process. The NEF satisfies the responsibility of a filer to send service to other parties that are registered in the ECF System. Non-registered parties must be served via conventional means through USPS or email from the attorney. The case information contains a service list which will identify those registered users and those who must be served by traditional method. The email received as a registered user lists that same information as well. Attorneys are encouraged to refer to the local rules for more information on e-filing.

Posted by: Stacey Shrader Joslin on May 29, 2025
News Type: BPR Actions

Effective May 27, the Tennessee Supreme Court suspended Shelby County lawyer Archie Sanders III from the practice of law for one year, with two months to be served on active suspension and the remainder on probation subject to conditions. The court found that while handling a probate matter, Sanders unreasonably delayed filing the petition to probate, unreasonably delayed seeking partition of certain real property in the estate, failed to communicate reasonably with his clients and failed to properly conclude representation of the clients. In a separate matter involving litigation with an insurance company, the court found Sanders failed to communicate reasonably with his clients, diligently perform the necessary work and reasonably expedite the litigation. Sanders executed a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.16, 3.2 and 8.4(d). During the probation period, he must engage a practice monitor to assess his caseload, case management, timeliness of performing tasks and adequacy of communication with clients. The monitor is to provide a monthly written report to the Board of Professional Responsibility.

Posted by: Julia Wilburn on May 29, 2025
News Type: Legal News

A trial date of Jan. 20, 2026, has been set for former Chattanooga Police Chief Celeste Murphy, Chattanoogan.com reports. Murphy resigned her position in June 2024 after Tennessee Bureau of Investigation (TBI) officers began looking into issues about her residency. She is charged with 17 felony and misdemeanor charges, including one count of illegal voter registration, one count of false entries on official registration or election documents, three counts of false entries in governmental records, three counts of forgery, three counts of perjury, and six counts of official misconduct. Murphy has pleaded not guilty. Community leaders have called her indictment and arrest "petty partisan politics."

Posted by: Julia Wilburn on May 29, 2025
News Type: Legal News

The chair of Tennessee’s Registry of Election Finance, Tom Lawless, said Tuesday he will seek to revive a 2020 request for a criminal investigation into Cade Cothren and the Faith Family Freedom Fund PAC, citing new evidence from the recently concluded federal corruption case against Cothren and former House Speaker Glen Casada. Cothren, a former aide to Casada, and Casada were convicted this month on nearly 20 federal charges each in a kickback scheme. Lawless emphasized the urgency of reactivating the state-level investigation, which had been paused during the federal proceedings. The case involves allegations of illegal coordination with Chapel Hill Republican Rep. Todd Warner's 2020 campaign against incumbent Rep. Rick Tillis, R-Lewisburg, which Warner went on to win. Warner is not facing criminal charges. The Tennessee Lookout has the story.

Posted by: Julia Wilburn on May 29, 2025
News Type: Legal News

On Wednesday, Davidson County Chancellor Patricia Moskal ordered the sealing of affidavits related to a Department of Children's Services (DCS) case that had been publicly available for years. The case stems from a petition by Memphis journalist Stacy Jacobson seeking access to documents related to the death of a 14-year-old boy. The initial documents contained redactions that the Tennessee Court of Appeals ruled were too broad. Moskal also heard arguments over new redactions in related files, during which Reporters Committee for Freedom of the Press Senior Attorney Paul McAdoo, representing Jacobson, urged the judge to make sure the redactions were limited to details truly identifying of the child. McAdoo also pointed out that certain newly made redactions were not previously made in publicly posted versions of the DCS documents. The Nashville Banner reports on the developments in its daily newsletter.

Posted by: Azya Thornton on May 29, 2025
News Type: TBA CLE

The TBA YLD will host its second Exploration CLE at Fall Creek Falls State Park in Spencer on May 30. Attendees will earn three hours of CLE credit while enjoying the natural beauty of one of Tennessee’s state parks. The program includes a ranger-led hike and lunch, offering a unique opportunity to blend professional development with outdoor exploration. Registration begins at 9 a.m., with sessions running from 9:30 a.m. to 2 p.m. CDT For more information and to register, visit the TBA website.

Posted by: Julia Wilburn on May 29, 2025
News Type: Upcoming

Celebrate Tennessee’s 229th birthday on May 31 with free, family-friendly activities Tennessee State Library & Archives (TSLA), the Tennessee State Museum and Bicentennial Mall State Park. The Tennessee State Museum will open at 10 a.m. CDT to the public and offer highlight tours, story time with reigning Miss Tennessee Carley Vogel, period games on the front lawn and a cupcake celebration. The TSLA will showcase Tennessee’s founding documents and new exhibits, and will host living history interpreters and indoor and outdoor activities, including a scavenger hunt. Tennessee’s three original constitutions also will be presented, displayed and guarded by the Tennessee Highway Patrol Honor Guard as part of the opening ceremony. Park rangers will offer free guided tours of Bicentennial Mall. Plan your visit.

Posted by: Stacey Shrader Joslin on May 28, 2025

The Tennessee Supreme Court recently adopted amendments to Tennessee Supreme Court Rule 46. The change, which took effect immediately, allows attorneys to electronically file unsworn declarations with electronic signatures in lieu of printed notarized affidavits. The court said it took the action after the General Assembly approved a change to Rule 22 of the Rules of Appellate Procedure, which allows the use of unsworn declarations under penalty of perjury in lieu of notarized affidavits if filed by licensed Tennessee attorneys in good standing. The change to the appellate rules was proposed jointly by the Tennessee District Public Defenders Conference, the Tennessee Association of Criminal Defense Lawyers and the Tennessee Attorney General’s Office. Read the order and see a redline version of the changes.


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