DICTA.January.2019

Legal Update: Revenge of the Sesh . . . Page 11 Management Counsel: Law Practice 101: Is that a Service Dog? . . . Page 13

A Monthly Publication of the Knoxville Bar Association | January 2019

HUMAN TRAFFICKING AND LEGISLATIVE PROGRESS Tennessee’s Evolving Response to a Complex Crime

Photo Ops

BARRISTERS TEAM WINS ETHICS BOWL XII

There was fierce competition for the Ethics Bowl trophy this year on Friday, December 7. The KBA team featured Keith Burroughs, Loretta Cravens, Sarah Keith, Courtney Read, Mike Stanuszek, and Hanson Tipton. The Barristers team featured Mitchell Panter, Caitlyn Elam, Luke Ihnen, Courtney Houpt Panter, Elizabeth Towe and Mikel Towe. Both teams took the lead at different times during the competition but in the end, the Barristers won. The questions were challenging and the competition was fierce. Special thanks to U.T. College of Law Professors Alex Long and Paula Schaefer for serving as program hosts and Judy Cornett for serving as the Ask a Professor Lifeline. Ethics Panel Participants included Chancellor John Weaver, Hon. Mary Beth Leibowitz and Hon. Debbie Stevens. The CLE Committee would like to recognize the following KBA members for their help in drafting the questions used in the Ethics Bowl: Robyn Askew, Amanda Busby, Deno Cole, Judy Cornett, Chris Field, Susan Herndon, Rachel Hurt, Joe Jarret, Hon. Mary Beth Leibowitz, Alex Long, Ron Mills, Samantha Parris, Paula Schaefer, Emily Stulce, John Winemiller and Chuck Young.

GOVERNORS’ AWARD & JUDICIAL EXCELLENCE AWARD RECIPIENTS LUNCHEON

Mark E. Stephens, Hon. R. Leon Jordan, Robert R. Campbell, George W. Morton Jr., Jack B. Draper, Dennis R. McClane, W. Thomas Dillard, Bernard E. Bernstein, Hon. Pamela L. Reeves, E. Bruce Foster, Jr., Adrienne L. Anderson, Randall E. Nichols, Robert E. Pryor, and William D. Vines III.

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DICTA

January 2019

In This Issue

Officers of the Knoxville Bar Association

COVER STORY

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January 2019

Human Trafficking and Legislative Progress: Tennessee’s Evolving Response to a Complex Crime

CRITICAL FOCUS

5 President Wynne du Mariau Caffey-Knight

President Elect Hanson R. Tipton

Treasurer Cheryl G. Rice

Immediate 9 Past President Keith H. Burroughs

Secretary Jason H. Long

Rachel P. Hurt Allison S. Jackson Stephen Ross Johnson Elizabeth K.B. Meadows Mary D. Miller

Practice Tips

From ICE hold to Holy Crap I’m in Detention!

KBA Board of Governors Hon. Suzanne H. Bauknight Jamie Ballinger-Holden Loretta G. Cravens Kathryn St. Clair Ellis Elizabeth B. Ford

President’s Message

Coming Full Circle

T. Mitchell Panter Robert E. Pryor Jr. Mikel Towe

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Revenge of the Sesh

Is That a Service Dog?

Recent Revisions to the Guidelines for Professional Courtesy and Conduct

Judicial Criticism of Parties or Counsel as Grounds for Recusal

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The Knoxville Bar Association Staff

Legal Update

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Management Counsel: Law Practice 101 Member News

Schooled in Ethics

WISDOM

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Legally Weird

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Attorney Profile

Rage Against The (Karaoke) Machine Marsha S. Watson Executive Director

Tammy Sharpe CLE & Sections Coordinator

Jonathan Guess Database Administrator

Lacey Dillon Programs Administrator

Knoxville Bar Association 505 Main Street Suite 50 Knoxville, TN 37902 865-522-6522 Fax: 865-523-5662 www.knoxbar.org Tracy Chain LRIS Administrator

Shari Holt LRIS Assistant

Dicta

All articles submitted for publication in DICTA must be submitted in writing and in electronic format (via e-mail attachment).

Exceptions to this policy must be cleared

by KBA Executive Director Marsha Watson (522-6522).

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Dicta is the official publication of the Knoxville Bar Association

Publications Committee Executive Editor Cathy Shuck Executive Editor Chris W. McCarty Executive Editor Melissa B. Carrasco Heidi A. Barcus Elizabeth B. Ford Joseph G. Jarret F. Regina Koho Matthew R. Lyon

Jack H. (Nick) McCall Jr. Angelia Morie Nystrom Katheryn Murray Ogle Ann C. Short Elizabeth Towe

Managing Editor Marsha Watson

KBA Executive Director

Outside My Office Window

New Year’s Resolutions

Carter Pack

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Volume 47, Issue 1

DICTA is published monthly (except July) by the Knoxville Bar Association. It is designed to offer information of value to members of the local bar association. The news and features should illustrate the issues affecting the bar and its members. The opinions expressed do not necessarily represent those of the Knoxville Bar Association.

Adrienne L. Anderson: 2018

Recipient of The KBA Governors’ Award

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26

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Hello My Name Is Barrister Bites

World-Famous Christmas Treats

Vite et crede

Blinding Clarity

Of Local Lore & Lawyers

Thomas Jefferson: President, Visionary, Lawyer

Gadgets

Bill and Phil’s Christmas Stocking Stuffers 2018

Well Read

The Righteous Mind: Why Good People Are Divided by Politics and Religion, by Jonathan Haidt

Your Monthly Constitutional

ERA? In VA?

Long Winded

Some Post-Holiday Thoughts

COMMON GROUND

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Photo Ops Section Notices/Event Calendar Bar Hopping Barrister Bullets Bench & Bar in the News Pro Bono Project Last Word

DICTA subscriptions are available for $25 per year (11 issues) for non-KBA members.

January 2019

DICTA

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EVENT CALENDAR & SECTION NOTICES

event calendar

Section Notices

There is no additional charge for membership in any section, but in order to participate, your membership in the KBA must be current. To have your name added to the section list, please contact the KBA office at 522-6522.

Alternative Dispute Resolution Section The ADR Section plans regular CLE throughout the year. If you have a program topic or speaker suggestions, please contact the ADR Section Chairs Betsy Meadows (540-8777) or Bob Stivers (386-1630).

Bankruptcy Law Section The Bankruptcy Section plans regular CLE programs and Pro Bono Debt Relief Clinics throughout the year. The next Pro Bono Debt Relief Clinic will be held on February 9, 2019, and volunteer registration is available at www.knoxbar.org. If you have program topic or speaker suggestions, please contact the Bankruptcy Section Chairs Tom Dickenson (292-2307) or Greg Logue (215-1000).

Corporate Counsel The Corporate Counsel Section provides attorneys employed by a corporation or who limit their practice to direct representation of corporations with an opportunity to meet regularly and exchange ideas on issues of common concern. If you would like to get involved, please contact Section Chairs Marcia Kilby (362-1391) and David Headrick (599-0148).

Criminal Justice The KBA Criminal Justice Section represents all attorneys and judges who participate in the criminal justice system in Knox County. If you would like further information on the Criminal Justice Section, please contact Section Chairs Joshua Hedrick (524-8106) and Sarah Keith (215-2515).

Employment Law The Employment Law Section is intended for management and plaintiffs’ counsel, in addition to in-house and government attorneys. To have your name added to the section list, please contact the KBA office at 522-6522. If you would like further information on the Employment Law Section or have suggestions for upcoming CLE programs, please contact the Employment Law Section co-chairs Howard Jackson (546-1000), Tim Roberto (691-2777) or Mark C. Travis (252-9123).

Environmental Law The Environmental Law Section provides a forum for lawyers from a variety of backgrounds, including government, corporate in-house, and private firm counsel. If you would like to know how you can get involved or have suggestions for CLE topics, please contact Section Chairs Catherine Anglin (525-0880) and Jimmy Wright (637-3531).

Family Law Section The Family Law Section has speakers on family law topics or provides the opportunity to discuss issues relevant to family law practice If you would like to know how you can get involved or have suggestions for CLE topics, please contact Section Chairs Jo Ann Lehberger (539-3515) or Steve Sharp (971-4040).

Government & Public Service Section The Government & Public Service Section is open to all lawyers employed by any governmental entity, state, federal, or local, including judicial clerks and attorneys with legal service agencies.

If you would like further information on the section, please contact Leah McClanahan (545-4260) or Ron Mills (215-2050).

January

8 Professionalism Committee 8 Access to Justice Committee 9 Veterans Legal Advice Clinic 10 Lunch & Learn 10 Judicial Committee 10 Golden Gala Subcommittee 15 Law Office Tech Committee Meeting 16 Board of Governors Meeting 21 Diversity in the Profession Committee Meeting n 23 Barristers Planning Meeting n 29 CLE Committee Meeting n 31 Bar Leaders Meeting n n n n n n n n n

n n n n n n n n n n n n n n n n

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ADR Section CLE Law Office Tech Committee Meeting Membership Committee Meeting Pro Bono Debt Relief Clinic Golden Gala Professionalism Committee Meeting Veterans Legal Advice Clinic Barristers Monthly Meeting Lunch & Learn Judicial Committee Meeting Diversity in the Profession Committee Board of Governors Meeting Veterans Law CLE Barristers HS Mock Trial Competition Barristers HS Mock Trial Competition Barristers HS Mock Trial Competition

Juvenile Court & Child Justice Section The Juvenile Court & Child Justice Section has speakers on juvenile law topics or provides the opportunity to discuss issues relevant to juvenile law practice. If you would like to know how you can get involved or have suggestions for CLE topics, please contact Section Chairs Mike Stanuszek (696-1032) or Justin Pruitt (215-6440).

New Lawyers Section The New Lawyers Section is for attorneys within their first three years of practice, and any member licensed since 2017 will automatically be opted-in to the section. The inaugural event for 2019 will be held on January 24th at Elkmont Exchange. Register by clicking January 24 on the event calendar at www.knoxbar.org. For information about the Section, please contact Section Chairs Erica Green (525-5134) or Jimmy Snodgrass (545-4228).

Senior Section The KBA Senior Section will meet next on Wednesday, March 13, 2019 at Calhoun’s on the River.

The luncheon will be held from 11:30 a.m. to 1:00 p.m. The price includes an entree, side item, salad and beverage. If you have suggestions for speakers, please contact Chair Wayne Kline at (292-2307).

Solo Practitioners & Small Firms Section The goal of the Solo & Small Firm Section is to provide and encourage networking opportunities and offer high quality CLE programs featuring topics that will help solo/small firm attorneys enhance and improve their practices and assist them with law office management challenges. If you have a program topic or speaker suggestions, please contact Section Chairs Tripp White (712-0963) or Patrick Slaughter (637-6258).

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DICTA

Mark Your Calendar Law Practice Today Expo April 11 & 12, 2019 January 2019

PRESIDENT’S MESSAGE By: Wynne Caffey-Knight Elmore, Stone & Caffey, PLLC

COMING FULL CIRCLE

Today marks a coming of full circle for me – a seven-year journey on the KBA Board of Governors. Active participation in the bar association came a bit later in my career. When my children were very young, as a single mother, I chaired a committee but otherwise jealously guarded my time with them. When it seemed appropriate to divide my time further, I jumped headlong into more committee work – at times participating in as many as 9 committees. I might have spread myself a bit too thin. There is something to be said for quality over quantity.

skulking back to the woods. The damage is immeasurable to the addicts, their families, their employers, and our society. Once you have seen it, you cannot stop seeing it everywhere. There are lost souls - some hungry for a way out, some so lost they do not remember when their normal vocabulary did not include the desperate measures taken feeding a habit, rehab, jail, or homelessness. Losing everything becomes the vicious circle of their daily existence. What can or should we do? I will be asking that question and hopefully find those to help us with an answer in some measure.

Bar service came to mean more than I first gave it credit for, however. Admittedly, I approached it rather selfishly, viewing it as a way for me to create or strengthen professional relationships as a means of advancing my career. After all, they say one of your best referral sources will be other lawyers. What I did not anticipate was the resulting personal satisfaction. Those “other lawyers,” I learned, are my colleagues in the truest sense of the word – my allies and fellow travelers working in the trenches to protect our freedoms in so many different ways while wearing the common mantle of the most noble profession. We walk very distinctive, yet markedly similar paths.

With these things in mind, let me tell you a little about our upcoming year. We begin during the January Bar Leaders Conference with Doug Blaze and Buck Lewis sharing their message on creating a legacy. February promises a celebration of the full circle our membership represents with the Golden Gala honoring our 90 members who have been licensed 50 years or more. The 14th Law Practice Today Expo in April again hosts nationally renowned presenters. Your input was heard and the planners included a track specifically for transactional attorneys, another track for litigators, and more practical programming for your staff. Free Speech, Free Press and Free Society mark the theme for Law Day in May. Keel Hunt, author of Crossing the Aisle, How Bipartisanship

I discovered through active engagement, the operative word and Brought Tennessee to the 21st Century and Could Save America, joins that which has given me the greatest satisfaction in bar involvement is us as we reflect on the cornerstones of representative “service.” Events like Band Together raising more than government. September brings the Supreme Court Dinner $16,000 for the KBA Habitat House, swinging a hammer Excerpted from honoring the judiciary’s service. The November Memorial on those houses, Saturday morning Bars, Lawyerpalooza, remarks at the KBA Service to me is perhaps our most meaningful program. the Supreme Court Dinner, mock trial, and the annual Annual Meeting on meeting, showcased to my children how lawyers do amazing December 14, 2018.

Along the way, there will be exceptional CLE, things, are generous, and are servants to our clients, social programming and publications by hardworking communities, families, one another, and the law itself. committees and sections. The Professionalism Committee will continue Borrowing from Vicki Clark, who is a true servant leader and advocate considering every single rule change proposed by the Tennessee Supreme for inclusion, as she spoke of mankind, we are each a thread in this Court, which listens to the KBA in particular because of our thoughtful beautiful tapestry of our profession. input. But your organization is always open to questions or information.

If you have a particular concern about programming, service, or our

Some of you know I approached this day with some trepidation profession, tell the corresponding committee or section. Better yet, join for more than a year. What could I possibly say or write that my them. colleagues want to hear? In what theme should I cloak the coming year?

Again, it returns full circle. I feel grounded in three things particularly

Congratulations and welcome to the newly elected Board resting on my heart for 2019. These are that same servant leadership, members. We look forward to doing great things together in service a return to southern civility in these seemingly rancorous times, and to the association. My thanks to all the outgoing and remaining board fighting for our communities and one another in the face of the opioid members for sharing your time and talent. Thank you also to the epidemic. committee and section chairs who readily took my call and accepted leadership. Thank you to the Barristers for your many good works as

Primarily, my purpose is to lead our association with a heart and servant leaders. Especially, thank you Marsha Watson, and your staff, mindset of service, while helping others be leaders. The continued success Tammy Sharpe, Tracy Chain, Lacey Dillon, Jonathan Guess and Shari of the KBA depends on our individual and collective engagement. Now, Holt, for more things than I have space to write about them. please indulge me as I contemplate the other two things through the lens of servitude. The desire to engage in public discourse, and perhaps even

When the year comes full circle next December, like my the freedom to do so, is at risk. Let us respect the messenger, even if we predecessors, I hope to leave the KBA in at least as good a shape as today, cannot agree with the message. Shun the negativity. As servant leaders, and hopefully even a bit better. I am humbled and grateful to be the by action and example, we can listen and lift one another up. We can President of your association. Thank you for permitting me to serve. focus instead on pursuing and sharing joy.

The other task is daunting. The opioid crisis infiltrates not only our profession but also the very lives of our colleagues, families and communities. Describing it as an epidemic is an understatement.

The wolf is at our door. We need not merely keep it at bay, but send it

January 2019

“What I think we always need to consider is how best to use the time that we’ve been given to serve. We won’t be here forever.” – From Crossing the Aisle, by Keel Hunt.

DICTA

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L E G A L LY W E I R D By: Lisa Hall Hodges, Doughty & Carson

RAGE AGAINST THE (KARAOKE) MACHINE singing, punched him several times, and pushed him through a plate glass window. I would add that the penalty was greater in this case because of the victim’s advanced age of 79, but that really is not funny. Karaoke rage manifested itself in Florida in 2012 when a singer knocked out an Applebee’s manager (with one punch!) when the manager asked him to stop singing.

Every day on the eve of the deadline for this article, I start combing the Internet for material that is odd, related to the law (however loosely) (I have set the bar pretty low), and entertaining (at least in my mind). I find all kinds of stories and topics that sound promising, but I need sufficient content to get close to the word count, which usually means I need to find stories I can somehow relate to one another.

Today, I have skimmed articles about pet leases in New York, serial dine-and-dashers, robbers in Belgium who agreed to return to the business they were attempting to rob at closing time, and a man who, just as he began his life of bigamy, made the mistake of submitting his photos of his second wedding to the local newspaper which his first wife also read. Nothing pulled me in until I found a series of articles entitled “Good Reasons to Kill,” with the reason in the first article I saw being “karaoke.” (Last night, we broke out the karaoke machine for the first time at the annual Hodges, Doughty & Carson Christmas Party in honor of Dean Farmer’s upcoming semi-retirement. Thanks go to the children of Wesley Stone, who generously and probably unknowingly donated the equipment for the night).

Karaoke is apparently a very popular pastime in the Philippines; however, Filipinos sing Frank Sinatra’s “My Way” at their own risk. At least six deaths have been linked to that song, and the media refers to the deaths as the “My Way Killings.” According to the New York Times, most of the killings occurred after the singer sang out of tune, causing patrons to laugh or jeer. One man has a theory about the significance of this Sinatra song: Butch Albarracin, who owns Center for Pop, a Manila-based singing school, believes the lyrics “evoke feelings of pride and arrogance in the singer, as if you’re somebody when you’re really nobody…It covers up your failures. That’s why it leads to fights.” You should never pretend, even if only for the length of a song, that you are somebody when you are, in fact, nobody. Know your place, karaoke performers!

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ou should never pretend, even if only for the length of a song, that you are somebody when you are, in fact, nobody.

Know your place, karaoke performers!”

It seems to have started in Seattle in 2007, when a man was “attempting” the Coldplay song “Yellow” and a woman lost control and attacked him. She told him that he “sucked,” pushed him and threw punches to get him to stop singing. She was escorted outside by the three or four people it took to hold her down, and when the police officer arrived, she head-butted him twice.

In 2011, a 42-year old man in New York was convicted of second-degree assault after he complained about another man’s karaoke

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A Malaysian man was killed for hogging the microphone in karaoke, and in Thailand, a man killed eight people for singing “Take Me Home, Country Roads.” Coming full circle back to Seattle in September of this year, a singer stepped down from the stage and found that somebody had taken his seat. As you might expect, pushing and shoving followed until the seat-taker felt “sharp pressure in his ribs,” which he initially thought was an elbow. He soon learned he had been stabbed. He did survive, although his lung was punctured.

In the first annual karaoke portion of the Hodges, Doughty & Carson Christmas party, Dean kicked it off with “Jingle Bell Rock,” a seemingly innocuous festive tune. I have to give our firm high praise and credit, because everybody was good-natured and amused and some even sang along. We had “I Will Survive” (non-ironically, because I don’t think anybody knew about karaoke rage at that point), “Friends in Low Places,” and several other low-risk songs. We are lawyers, so moving forward, we will certainly be appointing a committee to review the lyrics of requested karaoke songs in advance of any performances, as well as auditioning any hopeful karaoke performers. If we have learned anything from those who have gone before us, we now know it is important to sing in tune with perfect pitch, preferably with sufficient humility, to take turns, and to avoid any song that mentions West Virginia or “mountain mama.” “Friends in Low Places” is probably acceptable. “My Way” will obviously require the execution of an extensive release as well as a bulletproof vest.

DICTA

January 2019

AT TO R N E Y P R O F I L E By: Bill Vines Butler, Vines & Babb, PLLC

ADRIENNE L. ANDERSON: 2018 RECIPIENT OF THE KBA GOVERNORS’ AWARD The Governors’ Award is designated as the Knoxville Bar Association’s highest award. The award recognizes those attorneys who are considered by the members of the association to be role models for the profession.

At the KBA annual meeting on December 14, 2018, the award was presented to Adrienne Anderson. As in past years, the award was given with no prior notice to the recipient so that it came as a surprise.

Adrienne was certainly surprised, not only by the award, but the fact that her husband, Jeff, was secreted into the meeting to stand with her.

Adrienne is very deserving. She has served the KBA in many capacities including treasurer, secretary, co-chair of the CLE Committee, co-chair of the Legal Placement Committee, and President (2008). For the last five years Adrienne has served the Knoxville Bar Association as its General Counsel.

She is the lawyer’s lawyer! Further, she has selflessly given her time and was the 2006 recipient of the Legal Aid of East Tennessee’s Pro Bono Partner award.

Adrienne graduated from the University of Tennessee in 1985 with highest honors and received her J. D. from the University of Virginia in 1988.

She practiced with an Atlanta firm in the field of construction law for five years and returned to her home in Knoxville in 1993. There she practiced with Kramer Rayson, LLP until she founded the firm of Anderson Busby PLLC in 2009. She has a commercial practice that handles business disputes, property issues and construction law. She is a litigator before courts and administrative agencies. Further, she is a certified arbitrator for the American Arbitration Association on the Construction Industry and Commercial Panels and is a general civil listed Rule 31 mediator in Tennessee. She is a founding member of the Tennessee Association of Construction Council (TACC) and will be serving as its ADR Committee Chair. She is often asked to participate as a speaker at legal seminars relating to her chosen field.

Now about Adrienne: She races kayaks! In fact, she is a champion lawyer and champion paddler! Put her in a little skinny wobbly boat and she turns into a racing machine! For the last 3 years in a row, Adrienne has competed in the Chattajack paddleboard/kayak race in Chattanooga which is a 31-mile race through the Tennessee River Gorge. Generally, Adrienne is an “outdoor” person. She loves to hike with family and friends and enjoys spending time with her husband and adult twin sons, Jake and Trent. She is a life-long member of Church Street United Methodist Church and has taught Sunday School. She is also very active in the Knoxville Executive Women’s Association.

The Governors’ Award is so named as it is the elected Board of Governors who choose the recipient. The vote for Adrienne was unanimous.

Adrienne is a role model attorney and a deserving recipient.

January 2019

DICTA

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OUTSIDE MY OFFICE WINDOW By: Robbie Pryor Pryor, Priest & Harber robertpryorjr.blogspot.com

NEW YEAR’S RESOLUTIONS

As I am writing this, I’m preparing for the funeral of my dear friend’s father. Death, it seems, has visited my door this holiday season.

In this time of resolutions and fresh starts I’m reminded of my own transformation and offer a few words to you, my colleagues, on the eve of a new year.

I was eager in the early days of my career - to learn, to litigate, to show what I could do. I wanted to be mentioned with the best in town, ambition oozed from my pores in those days. I was often late for dinner. I tried to be in the office no later than 8:00 a.m., if not earlier.

“Law practice starts at 8:00 a.m.” is what Frank Flynn told me. A trial lawyer was something to be, an honorable profession where the best were revered and the mediocre couldn’t survive. I had the beautiful wife, my high school sweetheart, the only woman I ever loved, and two little, adorable kids. We were building an affordable house with the white picket fence and saving for retirement. Our future was something to build.

Then, I began to learn that this isn’t just an 8:00 to 6:00 job. I thought I had my life prioritized and balanced. Life was good. I worked on the top floor and carried a briefcase. I was certainly immune to death and tragedy which were things that happened to others. I began representing people touched by death in the most unexpected and terrible ways, yet never once did I think I was vulnerable to it. I was untouchable, never considering that it could find me or that it was, in fact, waiting just around the corner.

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She was just 31 years old and a picture of health when death came to my door. It didn’t make a bit of sense.

When you read this it will already be 2019. I promise you that when the clock struck midnight on January 1, I was making out like a teenager with that girl I married. In just a few days of this article’s publication, we will celebrate our 17th anniversary. We have raised 4 wonderful, smart, and productive kids in a house full of love and fun and we “made do,” as my mother would say. I won’t ever be able to retire, and living wide open has come at a price. I suppose they’ll roll me out of this office one day. My way isn’t necessarily the right way for everyone. Like a new medication, it comes with risks and side effects. I went all in, and like H.W. Bush said, “I’ve made mistakes but none of them rise to the level of regrets.” You don’t have to go all in like me to make a change. Get to know each other, create a memory with people you love, buy a puppy, drive your kids to school with the radio turned all the way up, hug a client - he needs it.

Compliment a lawyer you don’t get along with, leave work on a Wednesday at noon and go on a hike or see a movie. When it’s closing time, ask for one more. When the Karaoke starts up, grab her hand and take her up front and sing, like you mean it, like you’re good at it. Tip big. Give the homeless guy you’ve been avoiding a $5 bill or a sandwich. Treat people with respect. Apologize.

You were wrong. You know it. That person you are deposing is scared to death. Don’t be an ass. Thank people, people who serve our bar association, people who serve you for nothing but the reward of serving. Tell her to pack up, you’ll be home in 30 minutes and she better be ready to roll south toward the sun. Live. Simply live in the face of certain death, and have a wonderful 2019.

et to know each other, create a memory with people you love, buy a puppy, drive your kids to school with the radio turned all the way up, hug a client - he needs it.”

It wasn’t just the fact I lost the only woman I ever loved or that my kids lost their mother. I lost me. Something in me was irreversibly altered, damaged or killed. I found myself crawling out of the wreckage, emerging as something different altogether. I yearned to understand.

I read. I went to church. I talked to other widows and widowers. I was looking for answers to unanswerable questions. In the process, a realization grew. I had been living as though tomorrow was a promise. Priorities began to shift. I became more compassionate and emotional. I began to truly see people, their problems and their pain. When I found my way back to the office I engaged our staff, opposing lawyers, judges and adjusters and asked about their lives, not just the case at hand. I wrote letters to friends. I told people I loved them. I cried with clients. I simply worked at paying more attention to the lives of people who surround me.

Then, I made some rash decisions. One widow, and many of the books I read, told me not to make any big decisions for 18 months. To Hell with that, there was living to do. I sold the house we were building, I bought a house I probably couldn’t afford, I sent my oldest to Webb for Kindergarten, and eventually went on some dates. I took a dance class. I got married to an absolutely gorgeous woman, and moved her and both of her children in with me and my children. That was in the first 18 months.

What? I never missed dinner, and I took all 4 of them to school… every single day, putting me in the office after 8. As time went on, I stopped

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contributing to retirement. Instead, we went on big trips - all 6 of us. I put them all in private school. I was out of my mind, and often thought of what the old me would think of such behavior. I coached all of them - soccer, basketball, and baseball. I bought a farm with horses and dogs and cats. I didn’t know anything about horses. I hate cats. I allowed the kids to bring home a baby chick from an Easter event. Chicks turn into chickens. I lost my mind. I said no more puppies, then we got a puppy.

I sang karaoke, took up guitar, started writing a blog and then a novel. I ran a marathon, then another. Cheryl was somewhere laughing. “You’ll never run a marathon,” she once said.

DICTA

January 2019

PRACTICE TIPS By: Patrick Slaughter The Law Offices of LaFevor & Slaughter

FROM ICE HOLD TO HOLY CRAP I’M IN DETENTION!

Each week my office receives several telephone calls from panicked individuals whose loved one or family member is subject to an “ICE hold” after having been arrested. Because of the frequency of these calls, I thought it might be helpful to provide a general description of what folks in this situation can expect.

A person’s first encounter with Immigration and Customs Enforcement (ICE) usually occurs after they have been arrested on some criminal charge. The reason for the arrest can be relatively minor, i.e. driving without a license, DUI, etc. Once arrested, if there is probable cause that a person may be subject to deportation, ICE may issue a detainer request to hold that person for 48 hours.1 The issuance of the detainer can come directly from ICE, or from law enforcement officials who participate in the infamous 287(g) program.

Once an ICE hold is in place, the subject may be held for up to 48 hours after the disposition of the criminal matter or such other time as the individual would be subject for release.2 The 48 hours does not take into account weekends or federal holidays.3 Frequently family members will want to know if they should post bail for a detained individual. Even if bail is posted, the detained individual will likely not be released if they are subject to an ICE hold. However, if bail is posted and the individual is not being detained for any other reason, the detainer period begins to run.

If 48 hours elapses and ICE has not picked up the detainee, the person should be released. Unfortunately, it is not uncommon for local law enforcement agencies to continue to detain individuals past the 48 hours. Generally, the only way to compel the release of unlawfully detained individuals is to file a habeas corpus petition in either state or federal court. Often by the time the habeas petition can be heard, ICE will either have picked up the individual or released the detainer.

If a detained individual is released without having an encounter with ICE, it is likely they will not immediately face removal proceedings.

However, if ICE does pick them up, there is a strong likelihood they will find themselves in removal proceedings.

If ICE picks up the detainee, they are transported to the local ICE office and interviewed. The interview with the local ICE office is meant to gain certain identifying information about the individual which includes taking their finger prints. If ICE believes the individual is subject to removal, a Notice to Appear (NTA) form I-862 will typically be issued.4 An NTA is the charging document which initiates adversarial removal proceedings in immigration court. If an NTA is issued, it is likely the subject will be taken into immigration detention.

In our area folks facing immigration detention are usually transported to a detention facility located in Jena, Louisiana. The trip to Jena will typically take two days. While the individual is being transported to Jena, they will not be able to communicate with their loved ones.

At Jena, a detainee will be assigned a deportation officer or case manager. This case manager determines how the detainee will be classified for housing purposes, and whether or not to recommend the detainee receive an immigration bond.

January 2019

In order to be eligible for an immigration bond, the individual must not be subject to mandatory detention.5 A person is mandatorily detained if they have committed any of the following: 1) Crimes Involving Moral Turpitude (CIMT); 2) Drug offenses; 3) Aggravated felonies; 4) Firearms offenses; 5) Espionage; 6) Terrorism; and 7) Persons who have been convicted of a CIMT and sentenced to a term of imprisonment of at least one year.6 If a person is mandatorily detained, the Immigration Judge (IJ) lacks jurisdiction to grant an immigration bond.7

If not subject to mandatory detention, a detainee can obtain an immigration bond if they can convince the IJ that their release will not pose a danger to the safety or property of others, and they will likely appear for any other immigration court proceedings.8 The IJ must also consider if there is evidence to establish a significant national security implication in the detainee’s release.9

If a detainee is denied bond, they may request a bond redetermination hearing in front of the immigration judge by filing a motion asking for such along with a bond worksheet form, and any other evidence they believe will substantiate they are not a risk to others and they will appear at additional immigration proceedings.

Once the motion is filed, a master calendar hearing will be scheduled for the IJ to consider the motion. If the bond request is denied, it is likely the detainee will be detained during the entirety of the immigration proceedings. However, if the individual is determined to be eligible for an immigration bond, the IJ will issue an order detailing the bond requirements. The minimum bond is $1500.00,10 but most Immigration bonds are usually between $5,000 and $25,000.

Once granted, the entirety of the bond can be paid into the court.

Alternatively, one can seek the services of immigration bondsmen who will charge a fee (usually between 15 and 20% of the bond) and will also require some form of collateral be provided in order to guarantee the detainee will not flee. This collateral usually takes the form of a lien on real property. In some instances, bondsmen permit loved ones to provide credit cards with sufficient limits available to cover the cost of the bond on which a hold will be placed.

If a person is successful in gaining immigration bond and is released, their case will be transferred to the Memphis immigration court where the removal proceedings will continue.

See 8 CFR 287.7(a).

See 8 CFR 287.7(d).

3

Id. 4 See 8 CFR 235.6 5

INA §236(c) 6

Id. 7

Id. 8 See Matter of Drysdale, 20 I&N Dec. 815 (BIA 1994).

9 See Matter of D-J-, 23 I&N Dec. 572, 575 (A.G. 2003).

10

INA §236(2)(a) 1 2

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January 2019

L E G A L U P DAT E By: Melissa B. Carrasco Egerton, McAfee, Armistead & Davis, P.C.

REVENGE OF THE SESH

A long time ago, in a continent far, far away, under the shadow of the Sphinx, worked a group of men known as the “sesh.” They had one job – to record official communications. Royal proclamations, tax records, etc. – they all went through the sesh’s hands. Received an invitation to the Wag Festival?1 You knew it was official, if you saw the sesh’s seal. In a time when literacy was rare, that seal was important. That is how the job of notary public became integral to civilization.2

Fortunately for notaries everywhere, the sesh may have been the first, known group to serve this role (we know because they recorded it), but it was not the last. Otherwise, we would be sesharizing documents every day. In fact, the only reason we do not have sesharies working in our law offices is a Roman slave named Tiro.

Tiro’s job was to record the speeches of Cicero, who as we know, really knew how to go on, and on. This was before the Dictaphone, and at some point, probably while his hand was cramping, Tiro developed a method of shorthand which he called notae. Other people with tired hands caught on, and they came to be known as the “notarii.”

Unfortunately, there wasn’t that much money to be made transcribing speeches, so they started preparing contracts, wills and other official documents. Once again, if it had the seal of the notarii, you knew it was an official document even if you couldn’t actually read the document.3

The history of the modern notary really is quite fascinating. They rode with the Knights Templar on their quests and sailed the ocean blue with Columbus.4 But, since one of my law partners mentioned that he expects this will be a painfully boring column, I will not bore you with those stories. I certainly will not tell you which U.S. President was sworn in by a Notary. If you want to know more, please direct all inquiries to bsagraves@emlaw.com.

Although the notary may not be the “oldest profession,” it is safe to say that it is one of the few jobs which has not changed for over 5,000 years. In Tennessee, a notary public is a State official who is commissioned by the Governor for a four-year term and who has the authority to (1) acknowledge signatures on documents; (2) take depositions; (3) administer oaths; and (4) confirm the authenticity of signatures on affidavits.5 Most importantly, they are the only people who are authorized to stamp documents with the notary’s seal—a special stamp that tells the world that a signature or a document is authentic.6 The spirit of the sesh lives on.

Why does all of this matter? Because on July 1, 2019, the State of Tennessee will undergo the most significant change to notary law since 2004, which is the year the General Assembly got a wild hair and changed the name of the office from “notary public at large” to just “notary public,” thereby protecting the public from bands of notaries who were roaming “at large” stamping documents with impunity.7 In fact, on July 1, 2019, Tennessee will become one of only five (5) states to allow notaries to perform online, electronic notarizations.

At this moment, notaries have the power “to acknowledge signatures upon personal knowledge or satisfactory proof.”8 That means you have to be physically in the same room as the notary when you sign the document, and the notary has to have proof that you are who you say you are. Also, the notary has to physically stamp the document that you just signed.9

January 2019

None of these will change on July 1, 2019. Notaries can still notarize documents the way they have been doing it for 5,000 years.

However in a few months, notaries will have three new tools in their toolbox. First, the person signing the document does not have to physically be in the same room as the notary when he or she signs.

Instead, the person can appear online through what the Act calls “an interactive two-way audio and video communication” (aka webcam).10

Even better, the person signing does not have to be in the state of Tennessee when he or she sign over the webcam.11 However, the notary does have to be in Tennessee.12

Second, the notary can confirm a person’s identity by reviewing “an image of a government-issued identification credential” that is sufficiently clear to enable the notary to identify the person signing.13 In other words, the notary can review a scan of the person’s driver’s license instead of having to examine the actual driver’s license.

Third, the notary can seal the document electronically.14 The electronic seal is supposed to contain all of the elements of the physical seal (name, county, and “State of Tennessee Notary Public”).15 It must also indicate that the notarization is an online notarization. The design of the notary seal is set by the Tennessee Secretary of State, and there is good reason to believe that the SOS is working on the electronic seal.

THERE IS A CATCH. Current Notaries do not magically transform into Online Notaries on July 1, 2019. There is a separate application process to become commissioned as an Online Notary, but as of December 10, 2018, we are still waiting for the Secretary of State to release the details of that process. Also, Online Notaries must keep a secure, electronic record of all online notarizations: the date and time of the notarization, the type of notarial act, the type and title of the document notarized, the name and address of each principal involved in the transaction (not just the person signing), and the document used to verify the signatory’s identity.16

Yes, there will be some administrative burden attached to this development in Notary Law. But, it should make signing important business, real estate, and litigation documents more convenient for lawyers and their clients. “It’s over, Anakin. We have the high ground.”

1

A celebration to honor the souls of the deceased on their journey through

the afterlife. See Joshua J. Mark, Festivals in Ancient Egypt (Ancient History

Encyclopedia Mar. 17, 2017) available at https://www.ancient.eu/article/1032/ festivals-in-ancient-egypt/.

2

Nat’l Notary Assoc., Notary History, https://www.nationalnotary.org/

knowledge-center/about-notaries/notary-history, last visited December 8, 2018.

3

See id.

4

See id.

5

Tenn. Code Ann. §§ 8-16-101, -102, -112; Tenn. Att’y Gen. Opinion No. 07-157

(Nov. 26, 2007).

6

§ 8-16-114.

7

See Ch. 854, Tenn. Pub. Acts (2004). This statement is entirely conjecture.

Actually, I am struggling to find a rationale for the 2004 name change. If

anyone has any ideas, let me know.

8

§ 8-6-112.

9

Id.; see also § 8-6-114.

10 §§ 8-16-112, -302 (Eff. Jul. 1, 2019).

11 § 8-16-307 (Eff. Jul. 1, 2019).

12 Id. 13 § 8-16-302(8), (13) (Eff. Jul. 1, 2019).

14 §§ 8-16-114; -302(5)-7; -309 (Eff. Jul. 1, 2019).

15 § 8-16-114 (Eff. Jul. 1, 2019).

16 § 8-16-308 (Eff. Jul. 1, 2019).

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HELLO MY NAME IS . . .

By: Jennifer A. Dobbins Lipsey, Morrison, Waller & Lipsey, P.C.

CARTER PACK

On the day that Assistant Public Defender Carter J. Pack met Mark Stephens, District Public Defender for the Sixth Judicial District, Carter knew what he wanted to do with his legal career. Early in Carter’s 1L year at the University of Tennessee College of Law, he attended a lunch seminar where Stephens was speaking. “I remember during the presentation, I thought ‘I want to work for that guy,’ so I approached him after the presentation and told him flat-out that I want to work for him. To hear him tell the story, you would think I came barreling down the aisle the second after he stopped speaking and left him with no other option. But I like to think I was more professional than that.” He laughs.

The Knoxville Bar appreciates Carter’s service to our community and his sincere dedication to criminal defense.

After their conversation, Carter interviewed with the Knox County Public Defender’s Community Law Office (CLO), and he exceeded expectations. He accepted the offer to intern at the CLO after his 1L year without hesitation. “I’ve worked there continuously since the summer after my 1L year. It’s the perfect job for me, and I plan to stay there throughout my career,” he explains.

In his work, what Carter enjoys most is his time representing and advocating for clients in court, and he enjoys being in court almost daily. He also says that he appreciates the CLO’s unique clientcentered approach to client representation. The CLO provides “holistic representation,” which combines advocacy with an assessment of a client’s needs, access to community resources, and life skills training. After he completed the bar exam, Carter attended a two-week training program conducted by Gideon’s Promise to hone his advocacy skills as a future public defender. “Our office strives to learn people’s stories, who they are outside of their legal troubles, and then tell their stories. I believe that we are all more than the worst decisions we have made.”

Born and raised in Anderson County, Tennessee, Carter’s family and friends live nearby, and he never considered leaving East Tennessee.

He says that his mother is the most influential person on his life. She is an elementary school teacher, and she has taught third through fifth grade for thirty-five years. Although she has had the opportunity to pursue school administrative jobs, she wants to teach children until she retires. “She always instilled values in my brothers and me that if we can help someone, we always should. Helping people has always been ingrained in me, and I think that’s in part why I decided to go into criminal defense,” Carter reflects.

Since he was old enough to walk, Carter has played sports (starting with tee-ball), and sports have always been very significant to him. Throughout grade school and into high school, he played baseball, football, and nearly any sport available to him. In college, he played baseball for Lincoln Memorial University. Carter says that much of his competitive drive and tireless work ethic stems from his involvement with athletics, and he credits his father for always pushing him and his brothers to be the best they can be, both on the field and off the field.

Even today, he plays on a church ministry softball team that travels to prisons in Southeast United States and engages in friendly competition against prison inmates, which is followed by sharing church fellowship.

In his free time, Carter attends UT games and tailgates, plays pick-up softball and basketball, and closely follows the Mets. His girlfriend, Katie Dean, is completing a clerkship with Judge Stafford on the Tennessee Court of Appeals, and he is looking forward to her return to East Tennessee. They are planning an upcoming skiing trip to Sugar Mountain, North Carolina.

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January 2019

MANAGEMENT COUNSEL: LAW PRACTICE 101 By: Ashley N. Trotto, Esq. Kennerly, Montgomery & Finley, P.C.

IS THAT A SERVICE DOG?

Fact: my dog, Emmie Lou (aka noodle and/or monkey), is the greatest creature to have ever walked the earth. To say she plays an important role in my life would be a gross understatement.

service animal has been certified, trained or licensed as a guide dog.1 The ADA goes a step further, providing that a business owner may only ask two questions of dog handlers: (1) if the animal is required because of a disability; and (2) what work or task the animal has been trained to perform.2 Although well-meaning, these questions are largely unhelpful for business owners, since asking whether someone is disabled is about as comfortable as asking a woman if she is pregnant or just had a big lunch.

In Tennessee, business owners do have some recourse for misbehaving imposters or legitimate service dogs having a bad day. If, a service dog or service dog in training is out of control and its handler does not take effective action to control it or the service dog or service dog in training is not housebroken, a business owner may legally ask that the offender be removed from the premises.3

Although Emmie is an angel among us, she is not a service dog. The love and affection I have for her does not transform her into something she is not. Unfortunately, this concept seems lost on many Americans. At a staggering rate, dog owners are attempting to pass their pets off as service or emotional support dogs in order to have a constant companion and avoid those pesky “no pets” policies. While this may seem innocent enough, the consequences are far-reaching for our disabled community.

When untrained pets posing as service dogs behave badly, people who truly need assistance dogs can face added discrimination and lose their protected access to public places in violation of the Americans with Disabilities Act (“ADA”).

Unlike pets, service animals receive rigorous training to do work or perform tasks for the benefit of individuals with disabilities – including physical, sensory, psychiatric, intellectual, or other mental disabilities. For example, a dog can be trained to lay across the chest of a seizing handler to help reduce the duration of the seizure or to alert its hearing-impaired handler to a fire alarm or emergency sirens. Importantly, service dogs are trained to be as innocuous as possible. Unlike many pets, service dogs will not bark, whine, bite, run, paw, growl, or otherwise make themselves noticeable unless that action is specifically necessary to perform its assigned task.

Emmie Lou: the dog, the myth, the legend

A

ccording to Tennessee law, consistent with the ADA, a place of public accommodation shall not require documentation, such as proof that a service animal has been certified, trained or licensed as a guide dog.” 1

Purchasing a service dog vest online for $19.99 does not transform a dog into a welltrained, well-behaved animal. Misbehaving pets masquerading as service dogs are creating a stigma for service dogs and their handlers nationwide. Many places of public accommodation have begun refusing entry of all dogs, including service dogs, due to incidents caused by these imposters.

Even where there is no refusal, many businesses are becoming more unwelcoming of service dog teams.

Unfortunately, business owners are caught between a rock and a hard place on this issue because there is no legal requirement that an individual prove that his or her dog is a trained service dog.

According to Tennessee law, consistent with the ADA, a place of public accommodation shall not require documentation, such as proof that a

Acknowledging the additional barriers fake service dogs create for the disabled community, many states (not including Tennessee) have passed laws that penalize the use of fake service dogs. Supporters of the new laws compare those misbehaving dog owners to people who acquire handicap tags, so they can park in spaces intended for disabled individuals. While these laws are a good first step, they are essentially symbolic since dog owners are still not required to prove that a service dog is legitimate before holding them out as such.

So, what about “emotional support” dogs?

They’re service dogs too, right? WRONG. Although people often consider service and support animals as one and the same, emotional support animals do not qualify as service animals under federal or state law. Service animals are required to perform specific tasks for their handlers and emotional support is not considered a task a service animal can be trained to perform.

Business owners rejoice – if a yappy chihuahua in a tutu approaches your place of business touting itself as an emotional support dog, you may deny him access.

1

2 3

T.C.A. § 62-7-112 (West). Note that Tennessee characterizes service dogs as “guide dogs.”

28 C.F.R. § 35.136(f).

T.C.A. § 62-7-112(a)(3) (West).

About this column: “The cobbler’s children have no shoes.” This old expression refers to the fact that a busy cobbler will be so busy making shoes for his customers that he has no time to make some for his own children. This syndrome can also apply to lawyers who are so busy providing good service to their clients that they neglect management issues in their own offices. The goal of this column is to provide timely information on management issues. If you have an idea for a future column, please contact Cathy Shuck at 541-8835.

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MEMBER NEWS By: Louis W. Ringger, Butler, Vines & Babb PLLC

III

RECENT REVISIONS TO THE GUIDELINES FOR PROFESSIONAL COURTESY AND CONDUCT

A

spoonful of honey will catch more flies than a gallon of vinegar.” 1

For many, the practice of law is a largely adversarial process – a strategic operation where one must employ all appropriate legal means to obtain a favorable outcome for his or her client. At the same time, most attorneys recognize the need to maintain a certain level of professionalism and extend appropriate courtesies in their dealings with others. Dignity, respect, civility, and courtesy are but a few of the hallmarks of appropriate professional behavior. In pursuing a client’s goals, attorneys must remain sensitive to their broader responsibilities to the legal system and preserve public perception of the profession as a learned and respectable vocation serving the public good. But even beyond moral and ethical imperatives, observance of these principles is also good practice. The duty of competent and zealous representation extends beyond any one situation, and while discourteous behavior may serve a tactical purpose in some instances, it may also degrade one’s standing and undermine an attorney’s effectiveness in future dealings. Put simply: good will pays off.

Guidelines for Professional Courtesy and Conduct

The KBA first adopted its Guidelines for Professional Courtesy and Conduct in October 2002. These non-mandatory Guidelines, which are applicable in both litigation and non-litigation settings, embody the ideals of professional courtesy, conduct, and cooperation for members of the Knoxville Bar. Though not intended to establish any enforceable standards, the Guidelines articulate the norms and customs an attorney should strive to uphold, and for several years, have provided useful guideposts for those practicing in this legal community. An original version of the Guidelines can be found in the back of the KBA Attorneys’ Directory.

In November 2018, the Board of Governors approved a number of changes to these Guidelines (the first since their adoption). Over the past year, a subcommittee of the KBA Professionalism Committee – composed of attorneys from a broad range of specialties and experience levels – undertook a comprehensive review of the Guidelines and recommended various substantive and aesthetic revisions. These recommendations were ultimately approved by the Professionalism Committee, which recommended that the Board of Governors adopt the proposed changes. The recommendations were also forwarded to the full KBA membership for comment, and a number of members offered useful insight. The Board considered all of these sources in adopting the revised Guidelines.

interactions. Many have long advocated that the principles of diversity and inclusion demand a place in the KBA’s Guidelines. Now, in a year in which these principles are a key theme for the KBA, the Board has adopted a provision calling on attorneys to embrace a philosophy of inclusion and respect in their interactions with all attorneys, regardless of race, ethnicity, gender, sexual orientation, religion, socioeconomic background, political ideology, age, experience level, or other differences.

Another key revision is the addition of language extending the various standards of courtesy to electronic forms of communication, which have become much more prevalent since the Guidelines were first adopted. For example, as with telephone or mail correspondence, a lawyer should maintain a courteous tone when communicating with other attorneys through email and strive to timely respond to email correspondence from other lawyers. The revised Guidelines now incorporate these standards.

Specific to litigators, the updated Guidelines include additional provisions intended to further promote the principles of civility and cooperation. For instance, the Guidelines now provide that a lawyer should attempt to confer with opposing counsel to resolve any procedural disputes prior to filing motions to compel or seeking other relief from the court. In addition, attorneys should attempt to serve papers by personal delivery, fax, or email when it is likely that service by mail, even when allowed, will prejudice the opposing party.

For transactional/commercial lawyers, the Guidelines no longer promote the ABA’s Third Party Legal Opinion Report and Legal Opinion Accord as the centerpiece of third party practice. A number of insightful comments from KBA membership made clear that the use of such Accords has significantly diminished since the Guidelines were first adopted in 2002 and that it should no longer be the standard promoted by the KBA.

The preamble to the KBA’s Guidelines instructs that a lawyer must be mindful of the need to maintain the highest degree of professionalism possible, and each of the above revisions is crafted with this goal in mind. Special thanks is owed to the members of the subcommittee who assisted in reviewing the Guidelines and providing recommendations to the Professionalism Committee and the Board of Governors. These members include: Thomas Cole, Elizabeth Tonkin, James Stovall, Shelby Ward, Samuel Lee, Richard Graves, Jacob Gibson, George Shields, and Grant Mitchell. It is the hope of the KBA Professionalism Committee that these revised Guidelines will continue to provide helpful guidance and promote a high level of courtesy and civility in our profession.

Benjamin Franklin, Poor Richard’s Almanac (1744).

1

November 2018 Revisions

Perhaps the most notable change to the Guidelines is the addition of a new provision addressing diversity and inclusion in attorney

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Human Trafficking and Legislative Progress: Tennessee’s Evolving Response to a Complex Crime

As January is Human Trafficking Awareness Month, it seems an appropriate time to take an in-depth look at this serious crime and the hurdles victims may face. Although a buzz word, human trafficking, which includes sex trafficking and labor trafficking, is still shrouded in misconceptions and misunderstandings. Unfortunately, many times this misinformation prevents the criminal justice system from appropriately responding to the issue. While Tennessee has made great advancements in battling this serious crime, there is still much work to be done.

Facebook users have most likely seen the urban legend that seems to plague newsfeeds about every six weeks: “My_________ (insert casual acquaintance or distant family member here) was shopping this weekend when she noticed two men following her around the store. She made it to her car without being noticed, but she was almost sex trafficked! Everyone beware!” Unfortunately, instead of actually protecting individuals from being trafficked, this urban legend fuels misconceptions that cloak the reality of sex trafficking in this community.

According to Tennessee law, sex trafficking not only includes knowingly subjecting or attempting to benefit from another person’s provision of a commercial sex act, but also extends to recruiting, enticing, harboring, transporting, providing, purchasing, or obtaining another person for the purpose of providing a commercial sex act.1 The means of “obtaining” another person in order to carry out such a crime goes beyond the “snatch and grab” scenario and includes abusing or threatening to abuse the law or legal process, destroying or controlling another’s passport or immigration document, using blackmail or threats for the purpose of exercising financial control over another, and managing another’s access to a controlled substance.2 The reality behind sex trafficking, particularly in East Tennessee, is that it is an insidiously prevalent crime that is conducted in plain sight.

Rural populations are considered to be particularly vulnerable to sex trafficking.3 Studies show that when sex trafficking of minors occurs in rural communities, it is most commonly familial trafficking (the victim is a family member of the trafficker) or intimate-partner trafficking (the victim has a romantic relationship with the trafficker).4 The disparity in how sex trafficking actually occurs and how the public expects it to occur contributes to the community’s inability to accurately identify the perpetrators and victims of this crime.

This difficulty in identifying victims of human trafficking is not limited to the public at large. Many professionals, including some law enforcement, fail to appreciate the prevalence of this crime and how victims might actually present when they are encountered. This, in turn, perpetuates criminalization of trafficked individuals. The National

16

Survivor Network, an organization that empowers trafficking survivors to be leaders in a national anti-trafficking movement, developed a survey to evaluate how often trafficked individuals face criminal charges and the long-term effects of these charges.

Of the 130 survivors who responded to the survey, 90.8% reported being arrested.5 Prostitution, solicitation, intent to solicit, truancy, drug possession, and drug sales were the most common criminal charges that respondents faced, and more than half of the respondents believed that all of their criminal arrests, charges, or convictions were directly related to their trafficking victimization.6

While law enforcement may have a difficult time accurately screening and identifying victims of sex trafficking, victims also face significant struggles in disclosing their victimization. This may be due to an unwillingness to trust law enforcement (which may be reinforced by negative interactions with law enforcement officers and/or the criminal justice system), a concern that a trafficker may carry out threats of blackmail, or even a sense of loyalty to the trafficker as he or she may be the only source of support.7 The respondents of the National Survivor Network survey reported fear as the most common reason for not disclosing victimization.8 One survivor reported: “My mom was beaten whenever I was out of pocket, and he held my daughter and wouldn’t let me see her. One year I saw her a half day on Christmas.

If my money wasn’t what he wanted he kept saying he would sell my daughter off and I wouldn’t see her again.” 9

The criminal charges that result from this failure to recognize victims create serious, long-lasting barriers. Almost 75% of National Survivor Network survey respondents reported that criminal convictions created a barrier to gaining employment, and more than half stated that they found significant hurdles in establishing stable housing due to their criminal history.10 One respondent reported:

“I was convicted of transporting minors across state lines because of trafficking experience - a gun was held to my head to force me to do this. After getting out I received scholarship for college. Arrived and could not find an apartment to live in for two months. Finally one owner who heard my story made an exception but it was so hard to share my story to find a place to live.11 [sic]”

The prevalence of sex trafficking victims in the criminal justice system has gained national attention. According to the American Bar Association’s Survivor Reentry Project, 42 states have established vacatur laws to address this injustice.12 For example, Florida has updated its expungement laws to allow victims of human trafficking to petition the

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January 2019

COVER STORY By: Natalie Ivey Director of Advocacy and Outreach Community Coalition Against Human Trafficking

Tenn. Code Ann. § 39-13-309(a).

Tenn. Code Ann. § 39-13-309(b).

3 U.S Department of State, Trafficking in Persons Report (July 2015), available at https://www.state.gov/documents/organization/245365.pdf.

4 Elizabeth Anderson and Jennifer Cole, Sex Trafficking of Minors in Kentucky, University of Kentucky, Center on Trauma and Child Reports (Aug. 2013), available at http://www.cdar.uky.edu/CoerciveControl/docs/Sex%20 Trafficking%20of%20Minors%20in%20KY.pdf.

5 See National Survivors Network Member Survey On the Impact of Criminal Arrest and Detention on Survivors of Human Trafficking (Jan. 2016), available at http://nationalsurvivornetwork.org.

6 Id. 7

Id. 8 Id. 9 Id. 10 Id. 11 Id. 12 American Bar Association, Commission on Domestic & Sexual Violence,

Survivor Reentry Project, https://aemqa.americanbar.org/groups/domestic_

violence/survivor-reentry-project/ (last visited November 28, 2018).

13 Fla. Stat. § 943.0583(3).

14 Tenn. Code Ann. § 37-1-153(f)(1)(C)(12).

15 Tenn. Code Ann. § 39-13-516.

16 This survivor asked to remain anonymous due to the treatment and

stigmatization she has faced in the local criminal justice system and community.

17 Tenn. Code Ann. § 40-39-218.

1 2

court for the expungement of an individual’s criminal record, with certain exceptions, of any conviction, or of an arrest or the filing of charges, for an offense committed or reported to have been committed while the individual was being trafficked or as a result of the victimization.13

Tennessee has not yet updated its statutes to reflect this national movement. While Tennessee does create an opportunity for minors to have their juvenile court files and records expunged, there are no real remedies for adults who have obtained criminal charges due to their victimization.14 Furthermore, Tennessee’s current criminal statutes create an additional challenge for adults who are being sex trafficked and are not properly identified by law enforcement.

Under Tennessee law, an individual who knowingly engages in prostitution while infected with HIV commits “aggravated prostitution,” a Class C felony that requires the individual to register as a sex offender.15 A local survivor’s story exemplifies how this statute can revictimize an individual and contribute to the serious stigmatization of this crime:

“While being trafficked I was raped and contracted HIV. I learned about my diagnosis as I was forced to take an HIV test after being charged with prostitution. No one involved with my case, including law enforcement, my public defender, or the district attorney, asked me if I was being trafficked. After learning I was HIV positive I was released back to the streets where the only person waiting for me was my pimp.”

“I was charged with prostitution again and required to register as a sex offender. I am no longer being trafficked but being required to register as a sex offender is a very dark nightmare. I have a four-yearold daughter and I am not allowed to take her to the zoo, host birthday parties, or take her trick or treating. The registry has prevented me from finding housing and disqualified me from employment. I volunteer with an HIV support group, but recently I was unable to attend a conference as a guest speaker because my supervisor was unable to approve my travel in time. I am treated just the same as a child molester or rapist.”16

While Tennessee does provide an opportunity for a survivor to have his or her name removed from the registry if trafficking is proven, this provision is not a vacatur or expungement of the charges and is often a difficult and costly legal process.17

The public still has much to learn about the realities of human trafficking and its presence in the community. The Community Coalition Against Human Trafficking provides trainings and outreach and serves survivors of human trafficking in Upper East Tennessee with individualized, relational care through our direct services program, Grow Free Tennessee. To learn more about the fight against human trafficking and how to get involved, visit our website at www.ccaht.org. Through increased awareness, community support, and legislative response, Tennessee may soon begin to impact human trafficking by successfully prosecuting traffickers and adequately supporting survivors.

January 2019

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BARRISTER BITES By: Angelia M. Nystrom, UT Institute of Agriculture

JD, LLM

WORLD-FAMOUS CHRISTMAS TREATS

I’ve often said that law school sucked the creativity right out of me. Prior to law school, I was a master at decorating cakes. I had a collection of Wilton pans and cake decorating materials and could be found making cakes most weekends for my friends’ birthdays. I could also make a really good looking cookie. Something happened, though, during that three years. Sure, I can still make food that tastes really good (I’m pretty good with turkey, beef tenderloin, and cake). Unfortunately, though, nothing is aesthetically appealing.

When Trace was very young, I was in charge of the Easter Egg Hunt at church. For that egg hunt, I found a photo and attempted to make cupcakes that looked like little chicks. Sadly, they looked more like yellow blobs with a triangle of orange for a beak and two black dots for eyes. Parents and children alike were questioning exactly what they were supposed to be. If we had Pinterest back then, the cupcakes would have been a “Pinterest fail.”

They truly were “ugly ducklings.”

The following year, Trace was invited to a Christmas cookie exchange, which meant that the preschool moms would be making delicious treats for our children to exchange. Excited, I went to Williams-Sonoma and purchased cookie cutters and ingredients to make the perfect Christmas cookies.

Unfortunately, my cookies did not remotely resemble anything Christmas-y. Instead, they looked like doughy blobs that were a bit overcooked. I ended up purchasing the Pillsbury pre-made dough with little Christmas trees in the center for the exchange. I told myself, “Kids like this stuff. They don’t know the difference.” Kids may not – but moms do. I had dialed it in, and everyone knew it. Suffice it to say, we have not been invited to a cookie exchange since.

I’ve always been envious of people who are talented enough to make beautiful Christmas treats – the kind worthy of giving as gifts. While I can do many things, Christmas treat baking is a talent that I do not possess. Stephanie Daniel, though, is a pro. I recall a party at her house several years ago.

In additional to many different hors d’oeuvres, she had a plate with the most beautiful cookies I had ever seen. I asked where she had purchased them and was surprised to learn the truth.

SHE MADE THEM!

I asked Stephanie how she got into making Christmas treats. She says, “As long as I can remember, I have enjoyed cooking and baking. At Christmas, my mother has always made dozens of batches of baklava and rum balls for giving as gifts. Her homemade treats always brought such joy to the recipients – many even putting in their requests a year in advance to ensure an allotment. I enjoy making something special as a homemade gift for friends, neighbors, teachers and even Santa.”

I specifically inquired about the cookies. “When one of my sons was turning 2, my mom picked up a couple dozen royal icing cookies from a baker in Middle Tennessee where they live. I asked her how much I owed her and was shocked at how expensive they are. I thought, ‘I can figure out how to do this.’ It wasn’t that simple, but after a while (and lots of practice), I figured it out. I now understand why professional bakers can command what they do for these cookies. I have never sold any cookies, but occasionally I will take on an order for a special friend as a gift.”

I asked how long it took to perfect the art. “Over the past several years, I have practiced and practiced making sugar cookies with royal icing. It took me a long time and a lot of failures to get my recipe just right, and humidity and other conditions can really affect it. The royal icing cookies are like miniature works of art. Making them is something that I enjoy.”

Recently, at Stephanie’s house, I saw baker’s boxes filled with her beautiful cookies and tied with lovely ribbons. I asked how many she had made.

Per Stephanie, “This year, I have already made 40 dozen cookies.”

I sure hope one of those boxes finds its way to my house.

More recipes can be found in the online version of the November DICTA in the Publications Section at www.knoxbar.org 18

DICTA

January 2019

VITE ET CREDE By: Melissa B. Carrasco Egerton, McAfee, Armistead & Davis, P.C.

BLINDING CLARITY

Sometimes you have to look for what you want to see. Horatio knew this to be true.

Everyone would agree that being one of eleven children has its challenges. Sure, you might have enough siblings to field a ball team (whether you prefer kicking things with your foot or with your fut), but you have to work a little harder if you want to stand out from the crowd.

Little did Edmund and Catherine Nelson know but their sixth child was going to do exactly that.

On Christmas Eve, when the boy was barely nine years old, Catherine died, leaving Edmund feeling more than overwhelmed.1 After a couple of years at boarding school, Horatio’s uncle, Captain Maurice Suckling, took him in. At the time, Captain Suckling was an officer in the Royal Navy and the Captain of the newly commissioned HMS Raisonnable.2

Captain Suckling had enlisted in the Navy when he was thirteen, and he saw no reason why his nephew should not do the same.3 So, at the ripe old age of thirteen, young Horatio joined the crew of the Raisonnable, and was off to make his name for himself.4 Before he was fifteen, he had sailed to the artic with the crew of the HMS Carcass in search of a north-east passage.5 Although they got stuck in the ice (three times), they eventually made it to Spitsbergen, near Greenland.6

At some point during one of the times they were stuck on the ice, Horatio attempted to shoot a polar bear so he could take the skin home to his father.7 The musket misfired, and that is where the reports start to get a little sketchy. Some reported that he had to fend off the bear with the butt of the musket until they were separated by an ice flow.8 Others reported that he went after the bear intending to finish him off with the butt of the musket, but the bear escaped.9 We don’t know for sure who chased who, but either way, everyone agrees that both Horatio and the bear survived the encounter.

By the time he was seventeen, he was a commissioned officer, and by 1777, at the age of twenty, Horatio was captain of a small frigate.10 This was great for Horatio but bad for the United States because his orders were to blockade the West Indies and prevent supplies from reaching those revolutionaries in the American colonies.11 By 1782, Horatio had made such a name for himself that he was ordered north to help protect the British troop ships off the coast of New York.12

After the Treaty of Paris, all was quiet until France declared war on England in 1793. Horatio was recalled to command the HMS Agamemnon and then sent to the Mediterranean to blockade the Port of Toulon.13 He was thirty-five years old. After Toulon fell, Horatio went ashore to assist in capturing the French strongholds. That is when a random shot changed his life.14

A shell exploded near him, and he was hit in the face by dirt, rocks, and shrapnel.15 The blast permanently blinded him in his right eye.16 That afternoon, he wrote, “I got a little hurt this morning.”17

But, there is very little indication that losing an eye did much to limit Horatio. In fact, his most famous battle was three year later, in February 1979, when a miscommunication put his ship in the middle of a fleet of twenty-seven Spanish ships.18 Horatio went on the offensive, captured and boarded a man-of-war, used that ship to capture another, and held the Spanish fleet at bay until the rest of the British fleet could join the battle and finish off the Spaniards.19 That victory earned Horatio a knighthood.20

A few months later, he was shot in the right arm in the middle of another battle, and his arm had to be amputated by the ship’s surgeon.21 Anyone who has ever served in the Navy knows that ship’s surgeons are

January 2019

not gentle. In 1797 they were brutal, but within the hour, Horatio was back up on his feet and giving orders for the battle.22

By 1801, with one eye, one arm, and a long history of depression, forty-three-year-old Horatio found himself in yet another battle, this time in the harbor of Copenhagen to fight the Danish-Norwegian fleet.23 Once again, the odds were against him, and at the fiercest part of the battle, Horatio’s commander signaled to the British ships to withdraw.

One of Horatio’s sailors saw the signal, and informed Horatio. He took his telescope, put it up to his bad eye and declared, “I really do not see the signal.”24 An hour later, the battle was over. Horatio led the British to victory yet again.25

You may not be familiar with the name of Sir Horatio Nelson, Viscount Nelson of the Nile and Burnham Thorpe, but you do know his legacy. You pay homage to him every time you use the phrase, “turning a blind eye.” That phrase has come to describe a person who ignores reality, and that connotation is historically accurate. But, that is not the only meaning.

In reality, Horatio did not “turn a blind eye” to the overwhelming odds against him. He was not blissfully unaware of the reality of pain and death that awaited him if he failed. By this time, he had already lost an eye and an arm and had suffered countless other illnesses and injuries from a life at sea. He saw all of that very clearly with his one good eye.

However, he did, in fact, “turn a blind eye” to the order to withdraw. He ignored the order to give up, acknowledge defeat, and abandon the battle. He turned a blind eye to the opposition because he could see the victory even if no one else could. In doing so, his grit and the ability to see past the odds led his country to decisive victory.

Sometimes you have to look for what you want to see. Vite et crede – seeing is believing.

Horatio Nelson, Timeline 1758-1805, History’s Heroes, http://historysheroes. e2bn.org/hero/timeline/5, last visited Dec. 10, 2018.

2 Id. 3

David Syrett, Nelson’s Uncle: Captain Maurice Suckling, Society for Nautical

Research (Mar. 22, 2013).

4

See id.

5

Horatio Nelson, Timeline 1758-1805, History’s Heroes.

6

Vicki Singleton, The Carcass and the Polar Bear, Chasing Nelson (Jan. 19,

2013), http://chasingnelson.blogspot.com/2013/01/the-carcass-and-polar-

bear.html, last visited Dec. 10, 2018.

7 Id. 8

Philip Wood, Horatio Nelson’s Teenage Tussle with a Polar Bear, The Telegraph

(Aug. 24, 2010).

9

Singleton, supra n.6.

10 Horatio Nelson, Timeline 1758-1805, History’s Heroes.

11 Id. 12 Id. 13 Id. 14 Tom Pocock, Horatio Nelson, Encyclopedia Britannica, available at https:// www.britannica.com/biography/Horatio-Nelson.

15 Nelson Museum, Injuries & Illnesses, available at https://www.nelson-

museum.co.uk/injuries-illnesses.html, last visited Dec. 10, 2018.

16 Id. 17 Id. 18 Pocock, Horatio Nelson, Battle of St. Vincent and the Nile available at https:// www.britannica.com/biography/Horatio-Nelson.

19 Id. 20 Id. 21 Id. 22 Id. 23 Id. 24 Evan Andrews, Turn a Blind Eye, History (Apr. 23, 2013), https://www.history.

com/news/10-common-sayings-with-historical-origins, last visited Dec. 10, 2018.

25 Id. 1

DICTA

19

BAR HOPPING

Address Changes

By: Brady Cody Lewis Thomason

Please note the following changes in your KBA Attorneys’ Directory and other office records:

Back for 2019, Bar Hopping will highlight one of the many beautiful courthouses around the State. The trick? It is up to you to figure out where. Congratulations to T. Harold Pinkley and Felicia Fortune for correctly identifying the Davidson County Courthouse.

Tyler M. Caviness BPR #: 036273 Knox County Public Defender’s Community Law Office 1101 Liberty Street Knoxville, TN 37919-2328 Ph: (865) 594-6120 tcaviness@pdknox.org Daniel L. Ellis BPR #: 028130 P.O. Box 31601 Knoxville, TN 37930-1601 Ph: (865) 235-1787 daniel@attorneyellis.com Cody F. Fox BPR #: 036295 Breeding Henry Baysan, PC 900 S. Gay Street, Suite 1950 Knoxville, TN 37902-1823 Ph: (865) 670-8535 cfox@bhblegal.com

Think you can name this courthouse? Email me at bcody@ lewisthomason.com with your answer. Correct answers will receive a shout-out in the next issue of DICTA. Check back next month for the reveal and a list of the big winners.

Molly A. Simbeck BPR #: 036204 Carlock, Copeland & Stair 920 McCallie Ave Chattanooga, TN 37403-2724 Ph: (423) 713-7075 msimbeck@carlockcopeland.com Brittany Brent Smith BPR #: 030086 Siemens Healthineers 810 Innovation Drive Knoxville, TN 37932-2562 Ph: (865) 604-2748 brittany.smith@siemens-healthineers.com John F. Weaver, Jr. BPR #: 028758 Tenn. Dept. of Human Services 2700 Middlebrook Pike, Suite 201 Knoxville, TN 37921-5671 Ph: (865) 594-9104 jfweaver2@gmail.com

Have a photo that you would like to submit? Send me an email and have it featured in an upcoming issue.

MEDIATION

John M. Neal Licensed Since 1978 Approved for General Civil and Family Mediation under Rule 31 of the Tennessee Supreme Court Certified Mediator, Federal Mediation Program PRACTICE EXPERIENCE INCLUDES, BUT IS NOT LIMITED TO:

• Construction

• Insurance Coverage

• Personal Injury

• Property Disputes

• Professional Liability

• Commercial and Contract Litigation

• Domestic • Insurance Defense

• Banking

P.O. Box 51930 • Knoxville, TN 37950 Twelve Oaks • 5401 Kingston Pike • Building 1, Suite 170 • Knoxville, TN 37919

(865) 414-6784 • jneal11254@aol.com

20

DICTA

January 2019

OF LOCAL LORE & LAWYERS By: Joe Jarret Attorney At Law, University of Tennessee

THOMAS JEFFERSON: PRESIDENT, VISIONARY, LAWYER Introduction

When we think of Thomas Jefferson, and indeed, when historians write about him to this day, it is the fact that he was he was a draftsman of the U.S. Declaration of Independence; the nation’s first secretary of state (1789-94); second vice president (1797-1801); and, as the third president (1801-09), the statesman responsible for the Louisiana Purchase, that commands most attention. However, one of his lesser known accomplishments is the fact that he was a diligent and successful attorney.

The fact that he was a lawyer by profession, and that his activities in the field of law were as many and varied as his other lifetime pursuits, usually go unnoticed. As one Jefferson biography noted, “The glamour of his political career and his prodigious versatility in many fields of intellectual endeavor overshadow his achievements in the prosaic realm of law.” 1

“I think the bar of the general court a proper and an excellent nursery for future judges if it be so regulated as that science may be encouraged and may live there. But this can never be if an inundation of insects is permitted to come from the county courts and consume the harvest. These people traversing the counties seeing the clients frequently at their own courts or perhaps at their own houses must of necessity pick up all the business.” 7

By now, you may be wondering, “so what does this have to do with Knoxville/Knox County?” I’m glad you asked!

A Lawyer is Born

It was in 1760 that Jefferson left his family home in rural Virginia to attend the College of William and Mary in Williamsburg, Virginia’s capital at that time. After three years at William and Mary, Jefferson decided to read law under George Wythe, one of the preeminent lawyers of the American colonies, and a signatory of the Declaration of Independence.2 There were no law schools at this time. Instead, aspiring attorneys “read law” under the supervision of an established lawyer before being examined by the bar. Wythe guided Jefferson through an extraordinarily rigorous five-year course of study (more than double the typical duration); by the time Jefferson won admission to the Virginia bar in 1767, he was already one of the most learned lawyers in America.

Jefferson rewarded his old friend and mentor in 1779 while serving as governor of Virginia. While reorganizing the curriculum at William and Mary (during which time he insisted that all law students master English reports, digest, treatises, and Virginia laws and reports), Jefferson established the first law professorship in American, entrusting the chair to Wythe who served the school for the next twenty years. Among Wythe’s pupils was John Marshall, the 4th Chief Justice of the United States Supreme Court.3

Jefferson practiced before the General Court in Williamsburg, specializing in estates in land cases. By the time Edmund Randolph took over his practice in 1774, he had handled more than 900 such matters, with clients ranging from common farmers and indentured servants to the most powerful and wealthy of the colony’s planter elite.4 He was an active campaigner for legal reform in Virginia, drafting, among many other bills, the Virginia Statute for Establishing Religious Freedom in 1786.5 Jefferson’s practice was initially limited to the General Court of Williamsburg due to a Virginia law that read: No attorney practising [sic] in the general court of this colony, during the time of his practising therein, shall be admitted or suffered to prosecute or defend any cause or other matter, in any county court, or other inferior court depending.

The stated purpose of the above law was “to prevent frivolous suits in the general courts, and trifling and vexatious appeals.” The real reason was that county court lawyers resented the competition.6 Jefferson had his own opinions of the law. Writing to his friend and mentor George Wythe in 1779, Jefferson opined:

January 2019

The Knox Connection

It was James White, the pioneer settler and founder of the town of Knoxville, who while serving as the Speaker of the Tennessee Senate in 1803, contacted the lawyer turned President of the United States to commend him for his successful negotiation of the Louisiana Purchase.

White’s proclamation reads in pertinent part: “The negociation [sic] for Louisiana has been as highly appreciated by the citizens of Tennessee as by any others in the United States and we feel ourselves authorized [sic] to express an unbounded satisfaction at the event and acknowledge it to be the utmost effort of human wisdom.” 8 And now, you know, the rest of the story!

Dumbauld, E. (1978). Thomas Jefferson and the Law. Norman: University of Oklahoma Press.

2

Brown, I. E. (1981). American Aristides: A Biography of George Wythe.

Fairleigh Dickinson University Press.

3

Id. 4

Knoig, T. (1999). Thomas Jefferson and the Practice of Law. Encyclopedia Virginia.

5

Id. 6

Dewey, F. L. (1977). Thomas Jefferson’s Law Practice. The Virginia Magazine of

History and Biography, 85(3), 289-301.

7

Id. 8 https://founders.archives.gov/documents/Jefferson

1

DICTA

21

SCHOOLED IN ETHICS By: Judy M. Cornett UT College of Law

JUDICIAL CRITICISM OF PARTIES OR COUNSEL AS GROUNDS FOR RECUSAL

Do a judge’s negative statements about an attorney demonstrate “bias or prejudice” that should lead to recusal? Recently, this issue came before the Pennsylvania Superior Court. In Commonwealth v. McCauley, 2018 Pa. Super. 317 (Nov. 28, 2018),1 the appellate court ordered the trial judge’s recusal in a criminal sentencing hearing in part because the trial judge’s opinion denying recusal contained “gratuitous comments denigrating Appellant’s counsel and the Public Defender’s Office.”2 The trial judge accused defendant’s counsel of having “a fit of pique,” and of “assert[ing] her agenda over the best interests of her client.”3 Most significantly, the trial judge stated that defendant’s motion to recuse had led the trial judge to “question[] the credibility of Appellant’s counsel and the Public Defender’s Office, which ‘is also harmful to other criminal defendants who may actually have meritorious claims.’”4 The Superior Court found this implied threat of retaliation against other defendants “very troubling.”5

Two additional factors influenced the appellate court.

First, the trial judge’s statements were not made “during an emotional and stressful courtroom hearing where the trial judge is attempting to control the courtroom and momentarily loses her temper.

Rather, the trial court made these derogatory comments during the deliberative process of drafting an Opinion.”6 Second, McCauley was the third case in which this trial judge had improperly imposed statutory maximum sentences.

In the previous two cases, the appellate court had suggested that the public defenders file motions to recuse this trial judge. Thus, the trial judge’s comments in McCauley evidenced her “animus and hostility to Appellant’s counsel and the Public Defender’s Office [which] appears to be deep [and] unwavering.”7

of a case. If the bias is alleged to stem from events occurring in the course of the litigation of the case, the party seeking recusal has a greater burden to show bias that would require recusal, i.e., that the bias is so pervasive that it is sufficient to deny the litigant a fair trial.9 In McKenzie v. McKenzie, 2014 WL 575908 (Tenn. Ct. App. Feb. 11, 2014), an attorney appeared pro se in her divorce case and moved to recuse the trial judge on the basis of “statements made in court that Ms. McKenzie characterizes as ‘personal attacks’ against her.”10 McKenzie pointed to the judge’s use of the aphorism that a lawyer representing herself has a “fool” for a client. The judge also opined that “she was not thinking like a professional but was acting like a scorned litigant.”11 The appellate court held that neither of these statements constituted evidence of bias against McKenzie because “the court did not call Ms. McKenzie a ‘fool.’”12

Likewise, the court found that the trial judge’s expressions of “frustration” with the time consumed by a case involving a 2-year marriage with no children did not evidence bias against McKenzie.

The trial judge’s admonition to McKenzie “that attacks on another lawyer were not acceptable in his court”13 also did not demonstrate bias. Nor did the trial judge’s statement that “he did not let other lawyers get away with something, so he was not going to let her either.”14

Finally, McKenzie alleged that the trial judge exhibited gender bias by two statements: (1) referring to the couple’s dog as “man’s best friend” and (2) stating that McKenzie should be treated no differently from a male attorney in a previous case who used similar arguments.15 The court of appeals vigorously rejected this allegation and reprimanded McKenzie:

Would a Tennessee court reach the same result? Tennessee’s Code of Judicial Conduct Rule 2.11(A)(1) provides: (A) A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances:

We find absolutely no evidence of a bias against Ms. McKenzie based upon her gender. In fact, given the “evidence” she cites in support of the allegation, we find her allegation to be outrageous. Without any reasonable foundation, she has attacked the motivation of the trial judge and accused him of a more general bias than just against her in this lawsuit. We have serious concerns regarding her conduct and admonish her, as a member of the bar, against making unfounded critical accusations regarding a judge.16

(1)The judge has a personal bias or prejudice concerning a party or a party’s lawyer . . . .

The Tennessee Supreme Court has held that judges are required to avoid not only bias but also the appearance of bias. Therefore, “the question of recusal on the basis of bias frequently involves two different inquiries. The first is whether the judge has actual bias; the second is whether his or her ‘impartiality might reasonably be questioned,’ i.e., whether there is an appearance of bias.”8 Furthermore, to justify recusal, any alleged bias must arise from extrajudicial sources and not from events or observations during litigation

22

Tennessee law appears to be well settled that “judicial remarks during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge.”17 It will take more than harsh language from

DICTA

January 2019

the bench to justify a judge’s recusal for bias or prejudice. In Berg v. Berg, 2018 WL 3612845 (Tenn. Ct. App. July 27, 2018), the court relied on McKenzie in holding that a trial judge’s criticism of an attorney from the bench did not warrant recusal. In Berg, the trial court criticized plaintiff ’s lawyer for asking to have a motion heard upon insufficient notice: [Y]ou don’t want to follow the Rules in this Court and you’re going to follow the Rules. You are the only attorney I have that comes in here not following my Rules. Why do you think you are special and are exempt from these Rules?18

After the judge ruled that the motion would not be heard, plaintiff ’s counsel remarked, “That’s what I get every time,” leading the trial judge to slap his hand on the bench and remark that the attorney “showed ‘no respect’ and was the ‘most obnoxious lawyer that comes in here.’”19

Relying on McKenzie, the court of appeals held that “’[a] judge’s irritation or exasperation with counsel, criticism of counsel for perceived delays or failures to follow rules, friction occurring during litigation, or even sanctions and contempt charges do not establish the objective personal bias that would prevent a fair assessment of the merits of the case.’”20 The court expressed reservations about the trial judge’s behavior, suggesting that he “could have exhibited more restraint in his rebuke of counsel” and could have called a recess to “allow a cooling off period.”21 However, the court held that “the frustration and anger that [the trial judge] manifested do not signify a bias so pervasive that it is sufficient to deny Mother a fair trial.”22

If the Tennessee appellate courts ever face a motion to recuse a recalcitrant judge who embodies her criticism of counsel in a written order,23 then the court might be willing to order recusal. Until then, Tennessee attorneys will have to live with harsh language from the bench.

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Slip op. available at http://www.pacourts.us/assets/opinions/Superior/out/ Opinion%20%20VacatedRemanded%20%20103788668449507 69.pdf?cb=1.

Id. at 8.

Id. at 8-9.

Id. at 9.

Id. Id. at 10.

Id. McKenzie v. McKenzie, 2014 WL 575908, at *2 (Tenn. Ct. App. Feb. 11, 2014).

Williams ex rel. Rezba v. HealthSouth Rehab. Hosp., 2015 WL 2258172, at *6 (Tenn. Ct. App. May 8, 2015).

McKenzie v. McKenzie, 2014 WL 575908, at *4 (Tenn. Ct. App. Feb. 11, 2014).

Id. at *7.

Id. Id. Id. Id. at *8.

Id.; cf. Judy M. Cornett, Volume 44, Issue 5, May 2017, DICTA. McKenzie, 2014 WL 575908, at *4.

Berg v. Berg, 2018 WL 3613845, at *2 (Tenn. Ct. App. July 15, 2018) Id. at *2, *6.

Id. at *6 (quoting McKenzie, 2014 WL 575908, at *5 Id. & n.3.

Id. at *6. Cf. Veard v. Veard, 2017 WL 2179921, at *1 (May 16, 2017) (trial judge’s comment to husband in divorce case that “I’m going to turn somebody over to the District Attorney – for aggravated perjury charges” insufficient to warrant recusal).

Cf. In re Samuel P., 2016 WL 4547543, at *6 (Tenn. Ct. App. Aug. 31, 2016) (judge’s statement in written order denying recusal that “this was one of the most bitter, contentious, and litigious cases he had seen and that “most of which ... was [Father’s] doing” was not sufficient evidence of bias requiring recusal because it “simply reflect[s] [the trial judge’s] opinion of Father based on his observation throughout this case.”).

If you have an idea for Schooled in Ethics column, please contact Cathy Shuck at 541-8835.

January 2019

DICTA

23

B I L L & P H I L’ S G A D G E T S By: Bill Ramsey Neal & Harwell By: Phil Hampton Founder and CEO, LogicForce Consulting

CHRISTMAS STOCKING STUFFERS 2018

Geeks love the Christmas holidays. Starting in the fall, the big tech companies start rolling out their new gadgets for the holiday season.

If you have a tech enthusiast on your gift list, have no fear. There are plenty of items to choose from. Here are some of our favorite tech stocking stuffers for this holiday season:

Amazon Alexa Device (www.amazon.com): There are literally more Alexa-enabled devices than we can even count. Our current favorites are the super compact Echo Dot, the Echo Spot, and the new Echo Show. The Echo Dot is a miniature version of the original Amazon Echo voice-controlled smart speaker. At just $49, the Dot is the most affordable of all the Amazon Alexa-enabled lineup. The Spot ($129) is very similar to the Dot but it also has a small screen which lets you watch videos or participate in video calls. The new Echo Show ($230) has premium speakers for better audio and a 10.1 HD screen. In addition to conducting video calls, you can watch videos and movies on the Shop.

Mighty Vibe Spotify Player (www.bemighty.com): Remember those Apple iPods that changed the way we consumed music (digital downloads instead of CDs)? Spotify (and other streaming services) now rule the way we consume music. So Spotify has come up with their own portable music player, the Mighty Vibe. This tiny music player looks remarkably like the old iPod shuffle devices. The difference is that the Mighty Vibe can auto-synch with your Spotify account to download your playlists for non-tethered playback. Finally you can take your streaming music offline without a phone. At $85, the Mighty Vibe is a perfect stocking stuffer for the music lover in your family.

Photostick (www.thephotostick.com): Do you have family members who always complain about not being able to keep track of all their digital photos or back them up? You can solve their dilemma with the Photostick. This USB device simply plugs into your computer; and it automatically searches the hard drive and backs up every photo and video that it finds anywhere on the drive. There is also a Photostick Mobile that works the same way for smart phones. This device is especially handy for the technically challenged who can’t seem to figure out how to use any number of cloud backup options for their digital photos. With the Photostick you just simply plug in and press Go. Anybody can do that, right?

Fitbit Versa Smart Watch (www.fitbit.com/versa): Starting at $199, the Fitbit Versa is an economical smart watch that has just about all the features of the Apple Watch but at significantly lower cost. In addition, the Versa can be used with either an iPhone or an Android.

There are a wide variety interchangeable bands that allows you to custom the watch to your personal style. The battery life is fantastic at 4+ days. In addition, we love the Fitbit activity/health ecosystem.

Eufy BodySense Smart Scale ($40 from Amazon) We all get fat during the holidays. The Eufy BodySense Smart Scale is the best way to keep track of your holiday avoirdupois additions. It gives you your weight, BMI, and full-body composition straight from your smartphone. And, it will track all that data for your entire family, up to 16 of them. For this price, it is an absolute bargain, and it is very accurate and easy to use.

Ipad (Pro and regular) www.apple.com The new iPads are here, and if you really love someone, you will buy that special person an iPad. The iPad Pros are sleek devices, with edge-to-edge screens, but, boy are they expensive. You can drop over $1500 on a 12.9 inch iPad Pro. So, you may want to scale your love back a bit, and buy a regular iPad for your sweetie’s stocking. They start at $329 and now work with an Apple Pencil.

Biolite Firepit or CampStove 2 Bundle (https://www.bioliteen-

24

ergy.com) Biolite makes some very cool gear, especially for that camper who is the object of your Christmas generosity. Both of these devices cost $200, but, boy are they amazing. The Firepit is billed as the “Campfire Evolved.” You can have a wood campfire, without any of the smoke. It holds 4 fire logs and via “patented airflow technology,” it uses its mesh body (for 360 degree views) and Bluetooth control to create a “hyper-efficient” flame. You can toss in charcoal and use it as an hibachi, with the included grill grate.

The Campstove 2 Bundle is just as amazing. You can grill, book, cook, and charge your gadgets all at the same time with this system. This devices is also smokeless, and, while burning sticks, pinecones (any biomass) it also generates 3 watts of power for charging. This bundle adds a kettle for boiling and a grill for cooking up to 4 burgers at a time. It also includes a USB FlexLight so you can cook in the dark. Grill, boil, cook, and charge with this fully integrated system.

RHA MA390 Universal earbuds (rha-audio.com) and Bose SoundSport Free (Bose.com) You all know we love our music, and we are giving you two choices for earbud (in-ear headphones) – one is the best inexpensive set and one is the best expensive set, in our opinion. RHA makes affordable, good-looking earphones that sound far better than you might expect for the price. The RHA MA390 Universal earphones have excellent sound quality with full bass and distortion-free high frequency performance. And they only cost $29.95. They are wired, but they are well worth the price.

The Bose SoundSport Free earbuds are simply amazing. They are truly wireless – just two buds that fit in your ears. And they fit very well.

They stay in even during runs and heavy workouts. They pair easily and are very easy to use. The sound quality is simply excellent. If you can pay $250 for an item to place in the stocking on the mantle, these are the stuffers for you.

JBL Clip 3 (jbl.com) and Bose SoundLink Micro (Bose.com). As you know, we have a vast collection of Bluetooth speakers. These are our two favorite portable (and waterproof ) Bluetooth speakers. The $59.95 JBL Clip 3 has great bass response for it size and is about as portable as you can get. You can clip it to your backpack or belt. You can use it beside the pool or on the dock of the bay. It includes an audio cable for wired sound, and it is plenty loud for its size.

The Bose SoundLink Micro is a pocket-sized Bluetooth speaker that is even louder and has a better sound in our opinion. But, it costs more – $100. It also has a built-in microphone for those poolside conference calls. (It is also fully waterproof ). It also has a strap for clipping it onto most anything (even on your John Deere Gator).

Your loved one will love you back for stuffing either of these.

Ryze Tello Drone (ryze.com) or QCopter HD Camera Drone with Bonus Battery (qcopter.net) We cannot tell a lie. DJI makes the best drones. But, they are very expensive — too expensive to stuff in a stocking. But these two drones can get you started in the drone world. The Ryze Tello ($99) is a good drone for “learning to fly,” as Tom Petty would say. You can program this drone for fun, even though the video quality is not so great. But, it is a cool device and easy to fly.

The QCopterHD gives you more fun for your money. Most inexpensive drones have a very short flying time. This one is different. It comes with 2 batteries and flights last about 15 minutes, giving you 30 minutes of flying time. And you can recharge one while flying with the other. And the camera ain’t bad either. A good deal for $100.

Ok, folks, have a Happy Holiday season. And remember, we know who’s been bad or good, so be good for Goodness sake.

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January 2019

WELL READ By:

William C. Cremins

THE RIGHTEOUS MIND: WHY GOOD PEOPLE ARE DIVIDED BY POLITICS AND RELIGION, BY JONATHAN HAIDT

Haidt finds human nature “is not just intrinsically moral, it’s also intrinsically moralistic, critical, and judgmental.” Haidt perceives a harsh, righteous mind is the product of intuition, not deliberation.

After our elephant intuitively decides, our rational rider seeks reasons justifying our decisions. That leaves us influenced by first intuitive impressions, not rational considerations.

prioritized intuitions triggered.

Haidt notes we want to, and will, believe what supports our group or intuition; we are prone to disbelieve what that subverts them. “Fake news” influences that mindset, allowing us to disbelieve what is seen, or heard, allowing our intuitive decisions being selfperceived as moral. Gaslighting members to disbelieve what is actually seen, or heard, as not being truly what is happening, Haidt writes, results in members believing what intuition concludes, not what rational thought indicates.

In the race for first impressions to influence intuitive thought, persuaders use intuition triggers. Fear is a strong trigger. Strategic reasoning then uses a justifying contemplation (after the first impression and intuitive decision) to justify why one’s intuitive decision is moral, or correct. Haidt likens this backwards thinking to an intuitive dog wagging a rational tail. He observes no one makes a dog happy by wagging its tail.

Haidt forces us to consider why we think something is right or wrong.

He introduces intuition triggers. If the intuitive mind is manipulated, the rational mind will to try to justify its conclusion.

Haidt opines humans are 90% chimps, 10% bees. He writes, “We are indeed selfish hypocrites so skilled at putting on a show of virtue that we fool even ourselves.” Haidt offers that our human nature is to maintain relationships, explaining why we swarm together in religious and other groups. At times, Haidt writes, we are able to put the good of the group before our good, resulting in heroism, sacrificial tithing, etc.

Like a bee stinging an intruder threatening a hive, but unable to live without a stinger, we can be inspired to protect what is dear.

Our minds are dually divided, like a rider on an elephant, with each preferring different routes. The rider is our rational mind. The elephant is our intuitive mind.

A “rational delusion” results from sanctification of moral concepts after intuitive, not rational, thinking. Often observing “morality binds and blinds,” or “religion binds and blinds,” Haidt concludes sharing ideas reinforces catechisms, platforms, etc., with members becoming blind to the lack of rational bases, and deaf to criticisms of their group, because only group members are heeded.

Haidt suggests a tongue with six taste receptors: harm/suffering; fairness/cheating; liberty; loyalty; authority; and sanctity. In his moral matrix, Haidt emphasizes that people prone to prioritize concerns of harm and suffering, or fairness and unfairness, share characteristics of liberals. Those prioritizing liberty, loyalty, authority, orderliness, and sanctity, are more likely conservatives, he claims.

Once Haidt’s moral matrix is employed, intuitions may be manipulated by appealing to their priorities. A presentation directed to an audience’s concern for not hurting others, or injustices resulting from unfair circumstances, is prioritized by progressives more than conservatives, Haidt writes. Disrespect of holy themes (dishonoring our troops, flag, etc.) resonates with conservatives in ways liberals may not be as concerned about, Haidt posits. Using moral matrix components, Haidt urges persuasiveness is enhanced by getting the attention of liberals, and conservatives, to coalesce a divided group into consensus.

Haidt indicates addressing all matrix considerations is the best way to appeal to all. Like a dog whistle in a meadow without dogs, sharing a nonprioritized message fails to resonate with those whose intuition is unmoved by the message. Like that whistle in a dog kennel, a message resonating with those who recognize it as prioritized will generate excitement. Fear generates excitement, priming intuitive thought. If intuitively inspired to fear liberals as threats, intuitive thinkers disfavors liberals before any “threats” are considered logically.

Haidt finds conservatives’ intuition is sparked by disloyalty.

Consider athletes kneeling, during our national anthem, to protest treatments of blacks or to disrespect our flag, depending upon first

January 2019

What inspires such altruism? Haidt concludes group dynamics (“hiveishness’) inspires it, to protect what is cherished, even if it causes vour deaths, war, or genocide. Oxytocin, a feel-good chemical, is released to bathe the brain when triggered. A crowd at a rave may have other chemicals stimulating releases of oxytocin. Sports fans often create group dynamics full of songs, uniforms, cheers, and group hiveishness.

Shared intentionality of raucous fans, an army, or political party, creates a hive. Sacrifices are made for the hive. Harm is readily caused “others” threatening it.

Haidt writes humans are like chimps, descendants of a primal society. Survival concepts were passed genetically and socially to us.

The selfishness required to survive, and hiveishness required to protect our own, was inherited. Shared interests resulted in shared beliefs (e.g., religiously and culturally) advancing members. Righteous minds, Haidt writes, often intuitively express harshly judgmental ideas about what is wrong.

Why good people are divided by politics and religion is answered

by Haidt concluding our intuitive minds are influenced by primitively influenced intuitive thinking, self-justified as moral. A righteous mind creates “others” of those outside our political group, religion, etc. Each group’s different priorities drive different conclusions about morality.

We prioritize concerns, whether care/harm and fairness/injustice, or liberty/oppression, loyalty/betrayal, authority/subversion, and sanctity/ degradation. Whichever is first influenced creates an intuitive response along the moral matrix, with the first two being of primary concern for progressives, and the latter four of primary concern for conservatives.

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YO U R M O N T H LY C O N S T I T U T I O N A L By: Stewart Harris Lincoln Memorial University Duncan School of Law

ERA? IN VA?

Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.1

Those twenty-four words were approved by two-thirds of both Houses of Congress and sent to the states for ratification in 1972. They comprised Section 1 of something called the Equal Rights Amendment. By 1977, thirty-five of the necessary thirty-eight states had ratified the ERA.

And then it all stopped.

In 1979, the seven-year deadline imposed by Congress expired.

Congress extended the deadline to 1982. No other state ratified. In fact, five states, including Tennessee and Kentucky, purported to “rescind” their ratifications.

for its poor treatment of women. She recounted a recent incident in which she, the only woman in a meeting, had to bite her tongue as the other attendees passed around a pornographic magazine.

But perhaps the final straw was when one of Kati’s daughters asked her why, almost a hundred years after the ERA was first proposed, women still did not have a constitutional guarantee of equal rights. Kati, a fourthgeneration Republican who homeschools her daughters, replied, “That’s a great question. What do you think?”

What happened? Why is language that most people today find unremarkable still not part of the Constitution?

I asked Knoxville attorney Wanda Sobieski that question back in 2012, during an interview for my public radio show. Wanda, who knows more about women’s rights than anyone else I know, and who worked for passage of ERA back in the day, explained that while many people consider the ERA a Seventies phenomenon, it has a much longer history, dating to the efforts of Alice Paul, head of the National Woman’s Party, in the early 1920’s. And it has always encountered opposition, both from those who opposed women’s rights and from some feminists, who feared that it would require unisex bathrooms and a military draft for women. Perhaps its most effective opponent was Phyllis Schlafly, a conservative Republican from Illinois, who argued that the ERA would break down traditional gender roles. Her supporters used the slogan, “I am for Mom and apple pie.”2

Wanda ended our interview by noting that her greatest professional disappointment was that her daughter, and now her granddaughter, live in a country which still has not adopted women’s equality as part of its fundamental law. But she pointed out that the ERA’s supporters have not given up, despite the five rescissions and despite repeatedly missing their ratification deadlines. The ERA’s proponents question whether a state can, in fact, rescind a ratification; the Constitution is silent on the subject.3 They also question the constitutionality of limiting the ratification period, as Congress did with the ERA. Doesn’t such a limitation amount to amending Article V’s detailed ratification procedures via federal statute? The Supreme Court rejected a similar attempt to modify the Constitution’s “finely wrought” procedures for creating new laws when Congress passed, and Bill Clinton signed, a line-item veto.4 Moreover, other Amendments have been ratified decades, even centuries after being proposed, including the most recent, the Twenty-Seventh Amendment, which was ratified in 1992, more than two hundred years after James Madison drafted it.

Recently, Wanda called to give me an update. Since our interview, two more states have ratified ERA: Nevada in 2017 and Illinois in 2018. One more ratification will bring the total to the magic number of thirty-eight, and, early next year, Virginia, home of so many other constitutional milestones, may be the one to do it. Wanda put me in touch with Kati Hornung, a leader of VAratifyERA.org, the name of which describes its mission.

I recently interviewed Kati. Like many women, she has experienced workplace discrimination, which included the unwelcome discovery, in 1998, that she was being paid less than both of the men she supervised. When she demanded a salary adjustment, she was told to wait six months, when perhaps something could be worked out. She quit and founded her own company.

Kati works in the tech industry, a male-dominated field which is notorious

Her daughter replied, “Women have not yet rioted.”

Kati decided to channel her daughter into more peaceful avenues. So she founded VAratifyERA.org. Kati told me that, while she herself comes from a Republican background, her efforts are nonpartisan and are supported by members of both major parties in Virginia. Unfortunately, members of her own party blocked ratification in the Virginia General Assembly last year.

But Kati remains undaunted. Early this year, her allies in the General Assembly, Democrats and Republicans alike, will again introduce ratification bills. If simple majorities in both houses pass identical bills, ERA will cross the magic threshold.

But what happens then? Article V is, again, silent, but Congress has adopted a procedure that is now codified at 1 U.S.C §106b: Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States.

So the Archivist may have a tough call to make on certification of ERA. But he won’t be the ultimate authority. In 1939, the Supreme Court, citing the contentious ratification of the Fourteenth Amendment, said that rescission was a “political question” best left to Congress.5

So, ultimately, Congress will likely have the last word. If Virginia ratifies, then, no matter what the Archivist does, Congress may need to weigh in, both on the rescission issue and on the deadline issue.

Would any member of Congress, in 2019, vote against women’s equality? Maybe. Remember, it’s happened before.

The rest of the ERA provides: Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3. This amendment shall take effect two years after the date of ratification.

The full text is available on the National Archives website: http://recordsofrights.org/ assets/record/000/001/162/1162_original.jpg.

2

Rosenberg, Divided Lives: American Women in the Twentieth Century, 25,

(2008). I’m for apple pie, too, and I love my Mom. But what, precisely, does

that have to do with equality? Sorry – I shouldn’t editorialize in endnotes.

3

US. Const, Amendment V. 4

Clinton v. City of New York, 524 U.S. 417, 440-41 (1998), quoting

I.N.S. v. Chadha, 462 U.S. 919, 951 (1983).

5

Coleman v. Miller, 307 U.S. 433, 450 (1939).

1

Stewart Harris is the host of Your Weekly Constitutional, available for streaming and downloading on iTunes and Spotify.

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DICTA

January 2019

LONG WINDED By:

Jason H. Long London Amburn

SOME POST-HOLIDAY THOUGHTS

Marsha needs this article prior to the Annual Meeting and therefore I am unable to do my traditional running diary on the events of the meeting. I am sure that it will be a great success and I look forward to WDMC-K taking over as President of the Association. She will do a wonderful job and I think we can all expect great things next year. Also, I want to take an opportunity to thank Keith Burroughs for an outstanding job as leader of the Association this past year. You have represented us well and all Knoxville lawyers should take pride in where you have led us. Thank you.

Since I can’t talk about the Annual Meeting, I thought I would address a couple of post-holiday concerns that continue to nag at me. In particular, I would like to talk about two of my favorite traditional holiday movies: It’s a Wonderful Life by Frank Capra and Rudolph the Red Nosed Reindeer by Romeo Muller. Warning, there will be spoilers in this article.

However, if you haven’t seen It’s a Wonderful Life or Rudolph the Red Nosed Reindeer by now, you have pretty much been living under a rock and I think you have bigger issues to worry about than whether or not I spoil the ending of these classics.

It’s a Wonderful Life is the 1946 movie directed by Frank Capra and starring Jimmy Stewart and Donna Reed. It follows the story of George Bailey, an average man who goes about his daily toil of life looking after others and trying to do the right thing.

When money goes missing from his building and loan company, he contemplates suicide rather than face the scandal and prison that will ensue. He wishes he had never been born. To “save him,” his guardian angel Clarence shows him what the world would have been like were his wish granted. George is converted and realizes that he really has had a “wonderful life.” I have watched this film every year since I have been old enough to watch TV and it always gets to me. The story is powerful and beautifully told.

Nonetheless, a few points in the movie do cause problems for me.

First, the local high school installed a swimming pool underneath its gymnasium floor. I don’t know what kind of tony, well-todo town Bedford Falls is but that seems like a fairly extravagant expense for a public high school. This was in the 1920s and I am sure that the labor and effort to install a full swimming pool underneath a gym floor had to be extraordinary. Moreover, is it even sanitary to have stagnant pool water covered up by a gym floor for days, weeks, or months on end? I’m sure the teachers at Bedford Falls High School were more than happy to forego higher pay to cater to the whims of the school board.

Next, I am kind of concerned about George and his willingness to divulge embarrassing information about residents all over town. When there is a run on the bank and the investors in the building and loan demand their money back, there is a poignant scene in which George is trying to explain to everyone that they have to buckle down and ride out the run or else Old Man Potter will take over the town. He is stressing the importance of keeping the independence of the building and loan to its investors. As he is doing so, he singles out some guy named Ed and says “You remember, Ed, last year, when you couldn’t make your payments? We didn’t foreclose on you, do you think Potter would have done the same?” Ed did not look too happy to have his personal history spread all over town.

Finally, how cold does it have to be to drink a flaming rum punch?

In the scene where Clarence is showing George what the world would be like had he not lived, the two enter Nick’s (formerly Martini’s) bar to have a drink.

Clarence initially orders a flaming rum punch and then interrupts himself and says, “Nope, nope, not nearly cold enough for that” and he proceeds to order another drink. These two men just jumped into a frozen lake with floating ice January 2019

in upstate New York. There is a blizzard going on outside and at least a good foot of snow already on the ground. If it is not cold enough to drink a flaming rum punch at that time, when would it ever be?

Rudolph the Red Nosed Reindeer is a famous stop motion animation television special produced in the 1960s and starring Burl Ives as the narrator who sings the infamous, and eponymous theme song. As you all know, Rudolph was the reindeer born in the North Pole with a shiny red nose who was treated as an outcast until Santa needed him to guide his sleigh on a particularly stormy Christmas. Ultimately, I have decided that the core message of Rudolph the Red Nosed Reindeer is that it is okay to treat people as outcasts and segregate them from society until they can do something to help you, and then you should be their friends. I am not sure if this is a message that we should continue to preach to generations of children, but there you have it.

When Rudolph is born, his own father, Donner, makes fun of his nose and seems nearly terrified by his own son. Santa comes by to pay a visit and is a complete jerk to Rudolph. Rudolph’s first actual words are “Santa.”

How does Santa repay this act of love? He gasps at the large red nose and makes some inappropriate comment about not being able to make Santa’s sleigh team. How bad does your life have to be that Santa makes fun of you? Perhaps worst of all is Comet, the “coach” of all of the young reindeer. I use the term “coach” loosely here. When Rudolph’s nose is discovered, he instructs the other reindeer to avoid him and tells them not let Rudolph play in any reindeer games. Thanks coach!

I also want to know what is wrong with the doll on the Island of Misfit Toys. All of the other toys have clear abnormalities. There is a train with square wheels, a jack-in-thebox who is actually named Charlie, and a stuffed bird who swims instead of flies. Then, there is a perfectly normal looking little doll who, for some reason, has been stuck on this island with no good explanation.

I am sure it is a small point but every time I see the misfit toys I get fixated on trying to figure out what is wrong with that little doll.

Speaking of the bird who swims instead of flies, at the end of the movie Santa is riding in his sleigh guided by Rudolph and they pick up all of the misfit toys and begin to distribute them to children around the world. With each toy, the elf gives a little umbrella so that the toy can parachute safely to the waiting children below. That is, he does this for all toys except the bird. If you notice, he just tosses the bird out of the back of the sleigh. We already know that the bird’s misfit flaw is that he can’t fly, he can only swim. The only thing I can assume that as the elf tosses the bird, it plummets to its death on the icy ground below, perhaps in front of many children who are already traumatized by the fact that Santa would not give them “non-misfit” toys. It is a sobering ending.

Anyway, those are some of the thoughts that ran through my head as I watched these classic tales again. There are plenty of other holiday traditions that pique my interest from time to time. For example, I never have settled the question for myself as to whether or not Die Hard is a truly a Christmas movie.

I also don’t understand why the school nurses would ever let Ralphie’s friend Flick come back into class with a giant cake of ice on his tongue after he tried to lick the flagpole in A Christmas Story. These are questions that need to be answered in future articles. As for now, by the time this article is published, the holidays will be over and we will all be ready for a happy new year.

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barrister bullets BARRISTER ELECTIONS RESULTS The Barristers Elections and Holiday Party were held on December 12, 2018 at the Bistro at the Bijou. Thank you to everyone who came and to our newly elected Executive Officers, Mikel Towe, President; Allison Jackson, Vice President; Amanda Tonkin, Secretary/Treasurer; Bryce Fitzgerald and Luke Ihnen, Members at Large.

MOBILE MEALS The Knoxville Barristers Hunger & Poverty Relief Committee would like to thank all the firms, organizations and individual volunteers who continue to make our Mobile Meals project a tremendous success, with an estimated 1,700 meals delivered over the course of approximately 170 days in 2018. See the insert for a full list of firms, organizations and individual volunteers.

MONTHLY MEETING Plan now to attend the first Barristers monthly meeting of 2019 on Wednesday, February 13, at 5:00 p.m. at the Bistro at the Bijou.

Everyone is welcome. Get updates on the Barristers on Facebook at www.facebook.com/knoxvillebarristers.

LAW SCHOOL MENTOR The Law School Mentor Committee will be conducting mock interviews at UT Law School January 24 through January 30, 2019. Each interview time slot is about 25 minutes. Please contact Kathryn O’Neal (koneal@boatlf.com) or Chuck Sharrett (csharrett@ londonamburn.com) if you are interested in volunteering.

HELP WITH BARRISTERS VOLUNTEER BREAKFAST IN 2019 The Volunteer Breakfast is a recurring event on the 4th Thursday of each month at 6:15 a.m. The Barristers Volunteer Breakfast Committee always need volunteers to serve food or sponsor. The cost is $150 for sponsoring, and we need 4-5 volunteers. If you are unable to fund the

breakfast, the Barristers will subsidize the cost of the breakfast. We meet at 6:15 a.m. and serve breakfast to approximately 30-40 individuals, generally leaving the site around 7:30 a.m. It’s a great way to serve the community! Please contact Lacey Dillon at ldillon@knoxbar.org for more information.

VETERANS LEGAL CLINIC The Veterans’ Legal Advice Clinic is a joint project of the Knoxville Barristers, the Young Lawyers Division of the Knoxville Bar Association (KBA), KBA/Barristers Access to Justice Committees, Legal Aid of East Tennessee, Knox County Public Defender’s Community Law Office, the University of Tennessee College of Law, and the local VA office. This is a general advice and referral clinic which will require attorney volunteers for its operation, and it is anticipated to serve between 20 and 30 veterans in the community each month with a wide variety of legal issues, including family law, landlord/tenant, bankruptcy, criminal defense, consumer protection, contract disputes, child support, and personal injury, among other issues. We need volunteers for the next two clinics on January 9 and February 13 from 12:00 p.m. to 2:00 p.m. at the Knox County Public Defender’s Community Law Office at 1101 Liberty Street, Knoxville TN 37912. Register by clicking on January 13 or February 13 in the Event Calendar at www.knoxbar.org.

BARRISTERS MOCK TRIAL- LOOKING FOR VOLUNTEERS - FEBRUARY 22-24 The Barristers Mock Trial Committee is looking for volunteers to help as presiding judges, scoring judges, and bailiffs for this year’s KBA High School Mock Trial Competition. Volunteers are needed for February 22-24. If you are interested in volunteering for any of these dates, please sign up at www.knoxbar.org/mocktrialsignup. If you have any questions, please contact Amanda Tonkin at amanda.tonkin@ssa.gov or Soojin Kim at skim@emlaw.com.

BARRISTERS ELECTIONS & HOLIDAY PARTY More than seventy-five members attended the Elections and Holiday Party held on December 12, 2018. Mikel Towe, Lewis, Thomason, King, Krieg & Waldrop, P.C. will serve as the President of the Knoxville Barristers in 2019.

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January 2019

BENCH AND BAR IN THE NEWS How to place an announcement: If you are a KBA member in good standing and you’ve moved, have property to rent, or received an award, we’d like to hear from you. Talks, speeches (unless they are of international stature), CLE promotions and political announcements are not accepted. Notices must be submitted in writing and limited to 100 words. They are printed at no cost to members and are subject to editing. Email your notice to Marsha Watson at mwatson@knoxbar.org.

KRAMER RAYSON LLP NAMES NEW MANAGING PARTNER KRAMER RAYSON LLP recently announced Betsy J. Beck as its new managing partner effective January 1, 2019. Ms. Beck, who is in her 15th year at the firm, is a cum laude graduate of the University of Tennessee College of Law. She is an experienced litigator, focusing her practice on employment law matters. Colleagues describe her as having a penchant for distilling complex legal problems into practical solutions for her clients, which range from multinational corporations to small businesses and individuals.

SCHOLARSHIP IN HONOR OF JUSTICE RILEY ANDERSON The Tennessee Judicial Conference Foundation has authorized the creation of a Legacy Scholarship endowment in honor and memory of former Supreme Court Chief Justice Riley Anderson of Knoxville for the purpose of awarding need based scholarships to students at the University of Tennessee College of Law. Gifts may be mailed to the Foundation c/o Suzanne Keith, Treasurer, 629 Woodland St., Nashville, TN 37206.

KNOLTON JOINS FISHER RUSSELL PLLC Fisher Russell PLLC is pleased to announce that Robert W. Knolton has joined the firm. Mr. Knolton has a wealth of knowledge and trial experience in his practice area of litigation and has provided professional, ethical and highquality legal work and advice to his clients for more than 50 years.

SAMBER JOINS BASS BERRY & SIMS PLC Bass, Berry & Sims PLC is pleased to announce the addition of 18 new attorneys to the firm, including Alexandrea R. Samber in the firm’s Knoxville office. Ms. Samber represents clients in the areas of public finance and commercial real estate transactions. Ms. Samber earned a law degree from the University of Tennessee College of Law (2018) and a B.S. from the University of Tennessee (2014).

LAET PRO BONO DIRECTOR HONORED WITH SPIRIT OF JUSTICE AWARD The East Tennessee Lawyer’s Association for Women (“ETLAW”) was honored to present the Spirit of Justice Award at its annual Supreme Court Luncheon on Monday, November 5, 2018 to Kathryn Ellis, Pro Bono Director for Legal Aid of East Tennessee. Dr. Ellis has been the Pro Bono Director for the Knoxville area of LAET since 2016. She received her law degree and a Ph.D. in History from the University of Tennessee. The award is presented annually to an ETLAW member who exemplifies the purposes of ETLAW to emphasize and address issues of concern to women within the legal profession including: Promoting the efficient administration of justice and constant improvement of law; encourage the participation of women in existing bar organizations particularly at the committee and officer levels; promote career opportunities for women; and educate the public on issues related to women’s participation in the judicial system, both as professionals and as litigants.

LEGAL HISTORY VIDEOS AVAILABLE In 2012, the KBA’s Archives Committee began interviewing senior members of the local legal community to capture their stories and perspectives on life and the practice of law.

With funding provided by the Knoxville Bar Foundation, the KBA has been able to preserve this history for future generations of lawyers and other interested persons. It is important not to

forget the contributions of those who built the local bar and sharing milestones and stories of great lawyers and judges provides new lawyers with historical perspective and inspiration. View the interviews online at www.knoxbar.org by clicking Member Resources and then Practice Resources.

PARALEGAL ASSOCIATION JANUARY MEETING The Smoky Mountain Paralegal Association will hold its monthly meeting on Thursday, January 10, at 12:00 p.m. at the Blount Mansion Visitors Center, Knoxville, Tennessee. The Honorable Pamela L. Reeves, United States District Court Judge, will be presenting the US District Court of the Eastern District of Tennessee. A lunch buffet is available at the cost of $12/person with reservations. Please contact Caroline Sudlow, ACP, at president@smparalegal.org or 865-2153676 for additional information and/or lunch reservations.

OFFICE SPACE AVAILABLE: •

3,000-plus s.f. of office space near downtown. Easy access. Downtown views. Ample parking. Two suites of five offices, plus five separate offices. Spacious, attractive lobby. Common kitchen. Highly responsive, nonprofit, landlord on premises.

Call 865-525-6806 for information.

Contact Frank Graffeo at 525-6806.

•

Office Space for Lease at 5344 N. Broadway, Knoxville. Across from Fountain City Park. Approximately 900 sq ft. Present floor plan accommodates four offices plus a conference room and a reception area.

One Level. Offices on either side occupied by long-term law firms. Very Affordable Rate with a two (2) Year minimum lease required; great for satellite office. Qualified prospects call: (865) 805-1911.

JOB LISTING

The Board of Professional Responsibility is hiring an attorney as Disciplinary Counsel for the Board’s Litigation Section, Appeals.

The attorney will litigate attorney disciplinary matters before hearing panels and special judges in trial courts and prepare cases for appeal to the Tennessee Supreme Court.

Applicants must be licensed in Tennessee with a minimum of seven years’ experience in the practice of law and have significant experience in appellate advocacy. Practice before the Tennessee Supreme Court preferred. To apply, the applicant should submit a current resume, at least one writing sample, three professional references and a completed application for employment by email to human.resources@tncourts.gov. The application may be found at http://www.tsc.state.tn.us/employment/disciplinary-counsellitigation-section-appeals.

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Serving the Legal Community in Assisting Low-Income Persons To Navigate the Justice System

PRO BONO SPOTLIGHT By: Kathryn Ellis Pro Bono Director Legal Aid of East Tennessee

TOGETHER, WE CAN OVERCOME

On December 8, members of Overcoming Believers Church prepared for the evening’s event, “Blessings on Bell Street.” The free event included 2,000 gifts being given away to children 17 years old and younger. On the church Facebook page, people were invited by the church leaders to “[j]oin us as we light up Bell Street with Blessings full of fun, fellowship, and family.” Leading up to the event, which was open to the entire community, members of the church transformed the hallways and rooms of the church into a winter wonderland full of Christmas lights, red and green décor, and other signs of the season.

They spent hours making sure the church was ready to open its doors to members and visitors hoping to enjoy the festivities and receive much appreciated presents for their children.

The goal was to provide advice to everyone who walked in the door and to collect the information needed to prescreen for a larger expungement clinic in the spring. The hope was that some people might come to the clinic to get advice about a family law or employment law issue and realize that they could also ask about getting their criminal record cleaned up or learn about how to get their driver’s license reinstated. Or, that someone might come in focused on their driver’s license issues and then realize they could also speak with an attorney about problems they are having with their landlord or with debt collectors.

Even as they focused on putting up an arched tunnel of Christmas lights leading from one area to another, the church’s members welcomed another group – a flock of lawyers and law students congregated at the church to offer free legal advice to members of the community.

Attorney David Dupree, a member of Overcoming Believers Church, approached Bill Coley, Ian Hennessey, and me during the summer about holding one of Legal Aid’s and the KBA’s joint Faith & Justice Clinics at his church. Dupree and others from his church wanted the clinic to be in December, and they wanted it to be something that would help as many people as possible from the community around the church. They envisioned a clinic that would be a blend of a Faith & Justice Clinic and an expungement clinic.

In all honesty, those of us who “run” the clinics weren’t entirely sure the two types of clinics could be successfully combined. But, after a great deal of discussion and collaboration among LAET, the University of Tennessee’s College of Law Expungement Clinic, and members of nearly every subcommittee of the KBA’s Access to Justice Committee, a plan was hatched – the clinic would be a general advice clinic (Faith & Justice Clinic buffet style) with a side dish of screening for expungement and driver’s license issues. Ian Hennessey and Bill Coley recruited attorneys to assist with the clinic’s civil legal issues while Joy Radice and Jason Collver recruited attorneys to assist with the expungement and driver’s license issues.

The goal was to provide advice to everyone who walked in the door and to collect the information needed to prescreen for a larger expungement clinic in the spring. The hope was that some people might come to the clinic to get advice about a family law or employment law issue and realize that they could also ask about getting their criminal record cleaned up or learn about how to get their driver’s license reinstated. Or, that someone might come in focused on their driver’s license issues and then realize they could also speak with an attorney about problems they are having with their landlord or with debt collectors.

We were not disappointed!

The clinic was scheduled to end at noon, but people were still coming in the door at 11:30. The small army of more than two dozen lawyers, nearly a dozen law students (many in the middle of final exams!), one dedicated KBA staff member, and one law student’s fiancé conducted intake interviews, suggested community resources, reviewed criminal records and Department of Safety records, and provided legal advice until nearly 2:30 in the afternoon.

Mark Your Calendars: * January 9 (12:00-2:00) – Veterans Advice Clinic at the Knox County Public Defender’s Community Law Office * January 19 (9:00-12:00) – Blount County Saturday Bar at LAET’s Blount County Office ___________________________________________ * February 2 (9:00-12:00) – Knox County Saturday Bar at LAET’s Knoxville Office * February 9 (9:30-12:30) – Debt Relief Clinic at the Knox County Public Defender’s Community Law Office * February 13 (12:00-2:00) – Veterans Advice Clinic at the Knox County Public Defender’s Community Law Office * February 16 (9:00-12:00) – Blount County Saturday Bar at LAET’s Blount County Office

Want to Volunteer?

Fill out our new Pro Bono Volunteer Survey: https://www.surveymonkey.com/r/DCTWYFSt

Thank you to Overcoming Believers Church & David Dupree for hosting our final Faith & Justice Clinic of 2019!

And, thank you to the Knoxville Bar Association, the UT Legal Clinic, the Faith & Justice Alliance, and UT Pro Bono for supporting Legal Aid of East Tennessee’s Pro Bono Project!

The Pro Bono Project • Legal Aid of East Tennessee, Inc. • 607 W. Summit Hill Drive • Knoxville, TN 37902

phone (865) 637-0484 e-mail:kellis@laet.org fax (865) 525-1162

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DICTA

January 2019

Q: A:

THE LAST WORD By:

Jack H. (Nick) McCall

Bill, it appears that you are more than just a “raccoon whisperer,” as you also have a soft spot for at least another woodland creature. Tell us about it.

WILLIAM A. SIMMS Arnett, Draper & Hagood

As I have previously described in “The Last Word” article appearing in the May 2018 edition of DICTA, since my youth I have developed a reputation for being a “raccoon whisperer.”

As a boy and a young man, I spent a lot of time in the woods and outdoors acquiring a love of nature and animals, especially raccoons. I have also had some sweet and memorable experiences with other animals including, believe it or not, skunks.

My boyhood home in the 1950s was surrounded by fields. The owners of the fields would plow them each spring and plant them with grain. Back then, people had incinerators in which they would burn their garbage.

One Sunday we came home from church and there was a skunk in the plowed field in front of our house, bumping around in the plowed dirt with a mayonnaise jar over his head. He had apparently gotten into our incinerator and stuck his head in the mayonnaise jar to lick the mayonnaise, and couldn’t get it off. The mayonnaise jar was fogged up and the little skunk looked pitiful trying to breathe and maneuver around.

I was very concerned that he might smother so I told my parents that we needed to help him. They said “We can’t help him -- he’s a skunk.”

I kept pestering them until finally they said, “Okay, go put on some old clothes but be careful.”

I changed clothes and walked out to the skunk who was still bumping around in the plowed dirt. I walked up to him, speaking softly, and stood about 2 feet away talking to him. He stopped and just stood there. I talked softly to him some more and then sat down and picked him up and placed him in my lap. He did not try to scratch me or run away. He simply sat there. I then placed my left hand around his neck and shoulders and got the jar in my right hand and began to pull on it trying to get it off his head.

He assisted by sticking his paws on the edge of the jar and trying to push it forward. Together, both our efforts resulted in me getting the jar to slide off his head so that he could breathe.

As soon as the jar was off his head, the skunk looked up at me with a quizzical look on his face like “What’s happening?” He sat there in my lap for a little while and then he then crawled out of my lap and started walking away. When he had gotten about 10 ft. away he looked back over his shoulder and looked me right in the eye with a look that I will never forget. It was one of the sweetest expressions I have ever seen on an animal’s face. It was like he was saying “Thank you Bill, I really appreciate it.” He then turned around and waddled off across the field.

That event was witnessed by my mother, dad and brother and it is still a family legend.

Another occasion involving a skunk occurred one day when I went to “the woods” to go hunting with my two Collie dogs, Ring and King.

I was walking along a fence that bordered a field of high grass. Ring and King were sniffing around ahead of me as we proceeded down the fence.

Suddenly, as we approached a corner in the fence both dogs jumped toward the corner and started barking and snapping at something on the ground. I hurried up to see what they had and discovered that they had cornered a tiny skunk. He was backed up in the corner of the fence facing the dogs and was obviously scared to death.

I immediately felt sorry for the tiny creature and also could not help but think, “This is my chance to have a pet baby skunk.” I directed the dogs away from the little skunk and watched him for a minute or two to see how he behaved. He did not turn around as if he intended to try to spray me and he did not act aggressive. I had heard from some sources that if a skunk cannot “plant his feet on the ground,” he cannot emit any spray. I continued to watch the little creature for a few minutes to give him every chance to try to spray me and after that didn’t happen I decided I would pick him up by the tail, thereby depriving him of the ability to plant his feet, and that I would take him home.

At that point I reached down and picked him up by his tail and held him out at arms length and again watched him for a few seconds to check his behavior. He just hung there without trying to bite me or do anything else. At that point I felt pretty safe and decided I would make my way back home and put together some kind of cage to keep him in until I could take him to the veterinarian and have him de-scented.

I crossed the fence into the field of high grass and started walking back home. Ring and King were following closely behind me watching the little skunk in my hand with eager anticipation. I walked about 50 or 75 yards and was thinking about what I could make a cage out of when, all of a sudden, a suffocating wave of skunk scent swept over me. It was totally unexpected with no forewarning. In reaction to that startling event I bent my arm and flung it out away from me throwing the little skunk twirling toward the high grass approximately 20 yards away. My last memory of him is seeing him twirling in a circular fashion and going down in the tall weeds. Ring and King backed away from me but there was nothing I could do to back away from the scent. I was covered in it. I hurried home and laid my gun down on the picnic table in the back yard and started taking off my shirt and shoes. My mother came out the back door and asked me what was wrong and then said “Whewwwww.” I explained to her what happened and I began rinsing myself with the garden hose in the back yard. She hurried to the store and got some tomato juice and I washed myself with that. It helped a little bit but did not totally eradicate the lingering stench.

It was a hard lesson learned. Skunks do not have to have their feet planted on the ground in order to spray you.

I have never blamed the little bugger for what he did to me that day, but I do not have the same affectionate place in my heart for him that I do for the skunk with his head in the mayonnaise jar.

“The Last Word” column is coordinated by KBA Member Nick McCall. If you have an idea for a future column, please contact Nick at nick.mccall@gmail.com January 2019 DICTA

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AROUND THE BAR

AWARD WINNERS AND NEW BAR LEADERS ANNOUNCED AT KBA ANNUAL MEETING

KBA President Keith H. Burroughs presided over the Annual Meeting of the Knoxville Bar Association on Friday, December 14, 2018.

More than 275 lawyers and judges were in attendance. Mr. Burroughs announced that the following KBA members were elected as officers for 2019: Hanson R. Tipton – President-Elect, Cheryl G. Rice – Treasurer, and Jason H. Long - Secretary. The membership elected the following KBA members to the four open positions on the Board of Governors: Hon. Suzanne H. Bauknight, Loretta G. Cravens, Elizabeth B. Ford, Rachel P. Hurt. Wynne Caffey-Knight assumed the presidency of the 1900-plus member Knoxville Bar Association at the close of the meeting.

Adrienne L. Anderson was presented the KBA’s highest award, the prestigious Governors’ Award, which is given annually to a lawyer whose peers believe has brought distinction and honor to the legal profession.

Ms. Anderson has distinguished herself with a long and tremendous career of service to the bar and to the community. Ms. Anderson is a

worthy recipient of the Knoxville Bar Association’s Governors’ Award for her enduring, faithful and distinguished service to the community.

The Presidents’ Awards for 2018 were presented to Hon. Deborah C. Stevens for her tireless efforts and many years of service on the Diversity in the Profession Committee and to Melissa Carrasco, Chris McCarty and Cathy Shuck for their work as Co-Chairs of the Publications Committee. The Award for outstanding writing was presented to Angelia Nystrom for her contributions to the KBA monthly magazine DICTA. The Courage in the Face of Adversity Award was presented to Hon. J. Curwood Witt, Jr. and the Don Paine Lawyer Legacy Award was presented to Hon. Pamela L. Reeves.

Mikel Towe was introduced as President of the Knoxville Barristers, the Young Lawyers Division of the KBA, and it was announced that Luke Ihnen and Zachary Walden, Co-Chairs of Constitution Day Committee, were presented with the Barristers’ Presidents’ Award for 2018.