TBA Law Blog


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Posted by: Azya Thornton on Apr 22, 2026
News Type: Legal News

Rutherford County Sheriff Mike Fitzhugh said the county is developing a plan to build a new jail to address ongoing overcrowding, the Rutherford Source reports. The process is expected to take about five years. The current detention center, built in 1998 for 500 inmates, now houses more than 1,000 and is considered full at 834. Fitzhugh said more than 100 inmates sentenced to state prison remain in local custody because of limited space in the Tennessee Department of Correction, with the county spending about $92 per inmate per day while receiving $42 in state reimbursement. He also addressed the sheriff’s office agreement with U.S. Immigration and Customs Enforcement and noted deputies’ salaries remain about $15,000 lower than those of city police officers despite recent increases. He concluded his remarks with an announcement that he plans to retire Sept. 1 after serving as sheriff since 2017.

Posted by: Azya Thornton on Apr 22, 2026
News Type: Legal News

The nonprofit organization Common Cause has filed a lawsuit against the U.S. Department of Justice (DOJ) for collecting sensitive voter data — such as Social Security numbers, home addresses and voter histories — to create a centralized record system, according to the Nashville Banner’s newsletter, Tennessee was one of at least 12, and as many as 19, states that voluntarily complied, according to the DOJ. The department also has sued non-compliant states. Suits have been dismissed in five of those states. The DOJ says the effort is intended to check voter rolls for noncitizens and deceased individuals, according to NPR. Common Cause called it a “a blatant, partisan power grab” in a press release. In addition to requiring the DOJ to stop collecting data, the suit asks the court to require the DOJ and anyone who has received sensitive voter information to delete it.

Posted by: Azya Thornton on Apr 22, 2026
News Type: Legal News

The U.S. 6th Circuit Court of Appeals has upheld the constitutionality of a nearly 158-year-old federal ban on home distilling,  creating a split with the U.S. 5th Circuit Court of Appeals, which recently struck down the law. According to Reuters, in a 2-1 decision, the 6th Circuit said the ban is a “necessary and proper” means of enforcing federal excise taxes on distilled spirits, rejecting a challenge brought by an Ohio brewery owner who sought to produce whiskey at home for personal use. Read the opinion. The ban, enacted in 1868 to curb tax evasion, carries potential penalties including fines and prison time. Attorneys for the plaintiff said they plan to appeal to the U.S. Supreme Court.

Posted by: Azya Thornton on Apr 22, 2026
News Type: Legal News

Peter FrechTennessee Bureau of Workers’ Compensation Administrator Troy Haley has named Peter Frech of Nashville as the newest judge on the Court of Workers’ Compensation Claims, according to a blog post from the court. Frech will replace Judge Thomas Wyatt of Chattanooga, who will retire at the end of June. Frech focuses exclusively in workers’ compensation and has experience as both a plaintiff and defense lawyer. He also has worked for many years in family law. He earned his law degree with a focus in advocacy and dispute resolution at the University of Tennessee Winston College of Law in 2012. “He [Frech] brings stellar and wide-ranging experience, having represented both employees and employers, before the Court and the Appeals Board. He has a deep knowledge of the Workers’ Compensation Law, and a commitment to fairness and following the law,” Haley said. Frech will sit in both Nashville and Murfreesboro. His term will begin on July 1.

Posted by: Azya Thornton on Apr 22, 2026
News Type: TBA CLE

The TBA’s Dispute Resolution Forum will return May 7 as a live virtual program from 9 a.m. to 1:45 p.m. CDT, featuring sessions designed for both attorneys and mediators. The forum will include discussions on technology tools to improve mediation efficiency, an arbitration panel and an ethics course covering Board of Professional Responsibility rules relevant to attorneys serving as negotiators and mediators. Speakers include Rebecca Ketchie of Herrin, McPeak & Associates in Johnson City; Larry Bridgesmith of Vanderbilt University in Nashville; and Stephen Shields of Jackson, Shields, Yeiser, Holt, Owen & Bryant in Memphis. For more information and to register visit the TBA website.

Posted by: Stacey Shrader Joslin on Apr 22, 2026
News Type: Legal News

The Tennessee Board of Law Examiners recently released statistics about the state's February 2026 bar exam. According to the board, 240 individuals — 97 first time test takers and 143 repeaters — took the exam. They represent 60 different law schools and saw an overall pass rate of 43.75%. First-time test takers saw a pass rate of 60.82%. For first time test-takers at Tennessee law schools, Lincoln Memorial University Duncan School of Law saw the highest rate with 77.78% followed by Vanderbilt University Law School at 66.67% and University of Memphis Cecil C. Humphreys School of Law at 50%. Three schools — Belmont University College of Law, Nashville School of Law and University of Tennessee Winston College of Law — each had just a few first-time applicants and none of those individuals passed. See all statistical information released by the board or see the list of those who passed. In related news, due to an oversight, statistical information for the July 2025 bar exam was not included in TBA Today last year. Download that data packet here.

Posted by: Stacey Shrader Joslin on Apr 22, 2026

An effort to give the state attorney general authority to review local government's contingency-fee legal contracts with outside law firms appears to have stalled in both the House and Senate. The Senate Judiciary Committee passed SB2418 on March 16. The full Senate considered the bill on April 2 but deferred final action on it twice. On April 13, it referred it back to the Calendar Committee. The House State & Local Government Committee approved HB2069 on April 1. The House considered the bill on April 9 but failed to garner the constitutional majority vote needed. It was referred back to the Calendar and Rules Committee and to the Judiciary Committee, but was taken off notice there on April 14. Tennessee Journal reports on the developments.

Posted by: Stacey Shrader Joslin on Apr 22, 2026

Tennessee lawmakers have passed legislation (SB591/HB1273) to amend the state’s controversial threats of mass violence law, which has resulted in children being charged with felonies over jokes and misunderstandings, according to WPLN. The change comes after investigative reporting by ProPublica and WPLN, which found that many of the children charged had disabilities and were students of color. One of the youngest children charged with a felony last year was six years old according to the reporting. Gov. Bill Lee is expected to sign the bill, which will require that school officials only report student threats to police if a threat is “credible,” meaning it is reasonably expected to be carried out.

Posted by: Julia Wilburn on Apr 22, 2026
News Type: Upcoming

The Tennessee Department of Revenue will host a free webinar on sales tax exemptions on April 28 at 9 a.m. CDT. Participants will hear an overview of Tennessee’s sales tax exemptions and how they apply to businesses across the state. The session also will break down common exemption categories, documentation requirements, and compliance best practices. Each business webinar, offered quarterly, covers topics such as tax registration, sales and use tax, business tax, franchise and excise taxes and how to get help from the department and other relevant state agencies. Register for the webinar here

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

Samuel Scott Minton, whose conviction was vacated in January 2025 after spending more than 30 years in prison, has sued Bradley County, former Bradley County Sheriff Dan Gilley, former detective William Burtt and the estate of former detective Anthony Benefield. Minton alleges that the officials violated his civil rights, engaged in coercion and fabricated evidence in his case, the Chattanooga Times Free Press reports. The defendants deny wrongdoing. Minton was convicted in a 1994 jury trial following the rape and death of a Cleveland woman. He says he confessed to the crime without an attorney present but that many of his statements were made by a detective. The suit describes Minton at the time as a "vulnerable and functionally illiterate 20-year-old man with an intellectual disability." A confirmed alibi later proved that he was an hour away from the crime scene.


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