courts

State Supreme Court considers using nationwide test for TN lawyers

Press release from Administrative Office of the Courts

Nashville, Tenn. – The Tennessee Board of Law Examiners has filed a petition with the Supreme Court of Tennessee to adopt the Uniform Bar Examination (UBE), which would be a major change in the portability of bar exam results for aspiring Tennessee attorneys. The UBE is a nationwide test that has been adopted by 28 states and allows takers to transfer scores between states.

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Court of Appeals upholds removal of Confederate names from Memphis parks

The state Court of Appeals in Jackson, affirming a February ruling by the Shelby County Chancery Court, has ruled that the City of Memphis had the legal authority to rename despite contentions to the contrary from the Sons of Confederate veterans, reports the Commercial Appeal.

In 2013, the city parks changed the name of Nathan Bedford Forrest Park to Health Sciences Park, renamed Confederate Park as Memphis Park and declared the former Jefferson Davis Park to be known as Mississippi River Park.

Lee Millar, a spokesman for the Sons of Confederate Veterans Nathan Bedford Forrest Camp No. 215, said the group is a digesting the 18-page ruling it received Wednesday and has yet to decide whether to appeal the court’s decision to the state Supreme Court.

“They’ve been known for their history and historic naming for decades and decades,” Millar said of the parks. “They shouldn’t be frivolously renamed. They’re part of our history — Memphis’ history as well as America’s history.”

Wednesday’s ruling doesn’t affect the city’s legal efforts to remove a statue of Nathan Bedford Forrest or the graves of he and his wife from Health Sciences Park. The city still plans to argue for the statue’s removal in Davidson County Chancery Court in November following the state Historical Commission’s Oct. 13 rejection of a waiver.

Note: The full Court of Appeals decision is HERE.

TN Supreme Court seeks pay raise for indigent attorneys

News release from Administrative Office of the  Courts

Nashville, Tenn. ­– The Tennessee Supreme Court, acting on recommendations from its Indigent Representation Task Force, is taking action to reform the state’s method for providing legal assistance to individuals who are unable to afford an attorney.

“The task force confirmed what many of us already suspected: The system needs major reforms,” said Chief Justice Jeff Bivins. “While no perfect solution exists, the Court believes the improvements we commit to today will move the state toward a more efficient, effective means of providing this representation that our federal and state constitutions guarantee.”

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Governor names new Shelby County judge

News release from the governor’s office

NASHVILLE – Tennessee Gov. Bill Haslam today appointed David M. Rudolph Circuit Court Judge for the 30th Judicial District, which serves Shelby County. The vacancy was created by the retirement of Judge Robert L. Childers on June 30.

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Tennessean leads National Opioid Task Force set up by state courts

News release from Administrative Office of the Courts

Tennessee Administrative Office of the Courts (AOC) Director Deborah Taylor Tate and Indiana Chief Justice Loretta H. Rush were appointed co-chairs of the newly created Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) National Opioid Task Force. The Task Force will find solutions, examine current efforts, and make recommendations to address the opioid epidemic’s ongoing impact on the justice system.

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Lawsuit challenges suspension of driving licenses for unpaid fines

A group of civil rights advocates has filed a federal class-action lawsuit challenging Tennessee’s suspension of more than 250,000 driver’s licenses affecting people too poor to pay traffic tickets, reports the Nashville Ledger.

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TN Supremes decide election lawsuit with 3-2 vote

News release from Administrative Office of the Courts

Nashville, Tenn. – In a case involving a 2014 election for circuit court judge in East Tennessee, the Tennessee Supreme Court has rejected the unsuccessful candidate’s claim that the Roane County Election Commission (“Commission”) had no authority under Tennessee law to decide a pre-election challenge to the successful candidate’s residency qualifications to run for the office.

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TN sheriff gets prison time for having sex with women jail inmates, beating male inmate

Former Fentress County Sheriff Charles S. “Chucky” Cravens was sentenced to two years, nine months in prison Wednesday by U.S. District Court Judge Aleta Trauger of Nashville, reports The Tennessean.

I do take responsibility for my actions,” he told the judge, hands folded behind his Wranglers. “What I done, I done it myself.”

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Lawsuit filed over White County jail inmate birth control program

From an Associated Press report:

A Tennessee sheriff and judge violated the constitutional rights of jail inmates by promising to reduce their sentences if they underwent birth control procedures, an ex-inmate says in a federal lawsuit.

Christel Ward was among the misdemeanor-level White County Jail inmates who took the deal, according to the lawsuit. She said Thursday that she still has the unwanted birth control device in her arm that authorities injected in her.

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Judge orders TVA to move mountain of coal ash waste at Gallatin Steam Plant

U.S. District Court Judge Waverly Crenshaw of Nashville has ordered the Tennessee Valley Authority to excavate and relocate a mountain of coal ash accumulated over decades at its Gallatin Steam plant, reports WPLN.

Crenshaw said in his order, issued Friday and resolving a lawsuit brought by environmental groups, that TVA’s construction of an unlined ash waste pond in porous terrain, as the case in Gallatin, risks leakage into the neighboring Cumberland River. Because the cost of moving the waste will be so high, he did not order TVA to pay any penalties.

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