the magazine of the Memphis Bar Association | Vol. 38, Issue 2, Summer 2021
THIS ISSUE:
A Conversation with the Honorable Earnestine Hunt Dorse- Retired But Her Legacy Lives On … Post COVID: Rebuilding Health, Hope, and Opportunity
Independence of the Judiciary
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Volume 38, Issue 2, Summer 2021
FEATURES 6 Proud
BY MARY ANN UPCHURCH,
8
Independence of the Judiciary BY STEVEN J. MULROY,
10 Post COVID: Rebuilding Health, Hope, and Opportunity BY BUDDY STOCKWELL
12
The New Normal: No Gun Permit? No Problem
14
The Sky is Still Not Falling
BY AMY WEIRICH
BY RONALD D. KRELSTEIN
16 A Conversation with the Honorable Earnestine Hunt Dorse-
Retired But Her Legacy Lives On …
INTERVIEW BY HARRISON D. MCIVER III
COLUMNS 5
President’s Column BY PETER GEE
22 Community Legal Center: Caring for Seniors
in a Time of COVID BY KAREN HENSON
24
MALS: Partnership Makes Us All Stronger BY CINDY COLE ETTINGOFF,
26
People in the News
MEMPHIS LAWYER
2021 MBA Officers
the magazine of the Memphis Bar Association
MBA Publications Committee Sean Antone Hunt, Chair Jacob Strawn, Vice Chair Peter Gee, Executive Committee Liaison Dean DeCandia Chasity Grice Nicole Grida Stephen Leffler Harrison McIver Jennie Silk
The Memphis Lawyer is a quarterly publication of the Memphis Bar Association, Inc. with a circulation of 2,000. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact info@memphisbar.org. The MBA reserves the right to reject any advertisement or article submitted for publication.
Peter Gee President
Tannera Gibson Vice President
Lucie Brackin Past President
2021 Board of Directors Justin Bailey Dawn Campbell Lisa Gill Hon. M. Ruthie Hagan Hon. JoeDae Jenkins Adam Johnson Marlinee Iverson Andrea Malkin Bobby Martin Patrick Morris Steve Mulroy Jennifer Nichols
Hon. Gadson Will Perry Edd Peyton Hon. Shayla Purifoy Billy Ryan Lauran Stimac Laquita Stokes
ABA Delegate Lucian Pera AWA Representative April Bostick Law School Representative Donna Harkness
Section Representatives Taurus Bailey Anne Davis Thomas Henderson Nancy Rigell Danielle Woods
NBA Representative Quinton Thompson YLD President Quinton Thompson
MBA STAFF
Mary Ann Upchurch Executive Director
The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 Fax: (901) 440-0426 www.memphisbar.org
Jennifer Sink
Secretary/Treasurer
Lauren Gooch Membership & CLE Director
Kelly Swan
Communications Director
PRESIDENT'S COLUMN
By PETER GEE, MBA 2021 President
F
irst, and most excitingly, please join me in welcoming Mary Ann Upchurch as our new Executive Director. Reaching this point took an incredible amount of work and the MBA is indebted to the Personnel Committee for their diligent search and interview process. Prior to joining the MBA, Mary Ann worked for the American Cancer Society for the past 20 years in many different roles. She is a leader of teams, a big thinker and not afraid to set large fundraising goals. She may be calling you soon about getting involved with the MBA and I hope you will find ways you can help us serve the greater Memphis community through a strengthened MBA. Mary Ann is already hard at work on a President’s Circle that will help us move to the next level. I have enjoyed working with Mary Ann these last few weeks and I can see that the next chapter of the MBA will be a strong one.
community. 901 Legal Connect is an online intake and referral system that helps people in need find low or no cost legal assistance from the Community Legal Center and Memphis Area Legal Services. It is always a good time to get more involved with the MBA. Do not fall into that trap of thinking it’s too early or too late in your career to volunteer and find a project to nurture and grow.
I also wanted to take a moment to thank Maury Tower for serving as our Interim Executive Director. Maury was instrumental in the marketing that you have seen for the last several months. She has also worked tirelessly on the financial side of the organization, helping us build a stronger, healthier MBA. The MBA will forever be in her debt for the massive challenge that she undertook. We have a great staff at the MBA and believe we’re set up for a lot of success in the years to come. Lauren Gooch continues to keep us competitive with CLE and our membership roles. Kelly Swan is doing great with our social media and our communications. In the coming months we will focus on 901 Legal Connect. I believe that the MBA is at our best when we intersect with the 5
proud By MARY ANN UPCHURCH, Executive Director
P
roud. That is the first word that comes to mind when I think about the opportunity I have been given. It is an honor to be named your next Executive Director of the Memphis Bar Association and I would like to thank the members, stakeholders, and leaders in the Memphis legal community for your trust in me. I do not take my responsibilities lightly and this important role is no exception. I cannot think of a better time than now to support the professionals that deliver justice to our city. These first two months have been about listening and learning. My goal is to gather as much feedback as possible, identify the consistent themes, the challenges and opportunities, and work with leadership to determine our focus, strategic plan and action steps toward the betterment and diversification of the Bar, the law, and the community.
My 24 year career to date in the non-profit sector has been about improving the life of others. My commitment to my community continues as I start my journey at the MBA. Creating a plan, implementing it, and heeding results to help others is what drives me. It is my passion to see it through and celebrate the good work that has been accomplished. The bonus is that I get to work with incredible board of directors and members that give their time and talents so selflessly. I wake up excited about the individuals I get to meet and work with each day. Community service has been a good strong career choice for me because I experience the joy of making a positive difference in someone’s life. I strongly believe in utilizing the skills that God has blessed us with and I see no difference in applying that to our professional careers. In business and in community, and even in family and friends, relationships are the key to a healthy,
MBA Executive Committee welcomes new Executive Director Mary Ann Upchurch in May. (left to right) Peter Gee, Mary Ann Upchurch, Tannera Gibson, Adam Johnson, Jennifer Sink, Lucie Brackin, Chancellor Will Perry, and Quinton Thompson. (not pictured). 6
trustworthy environment. Relationships among our members are my number one priority. When you have a group of dedicated individuals that gather collectively for a common cause, there is no stopping them. The Bar is no exception. I have been told over and over that the legal community in Memphis works well together, has a high amount of respect for one another, and works collaboratively in the best interest of the community. I have already experienced this attitude and professionalism in every interaction I have had to date. There is a high regard for the law and for the professionals devoted to the law. My commitment is to ensure strong communication, tailored to meet the needs of our unique and diverse community. I believe in transparency because it builds trust. I believe in making decisions and moving on but not without input from those involved. We must ensure daily operations are successfully in motion, but the strategic steps ultimately help us achieve our overall vision. And in the end, we must never lose the passion for our mission and competitive spirit that drives these results. I have several priorities in the coming months and for the long haul. Just as many other organizations, the pandemic has had a challenging impact on the Bar. Finances were tight, membership struggled,
relationships lacked, and activity came to a halt. We have been forced to look at opportunities differently. Most people are uncomfortable with change; however, change is what motivates me. I hope to bring a new spin and a new outlook on the Bar’s role in our legal system. My focus will be on financial stability, supporting the professional development of our legal community, helping the underserved get the legal counsel that every American deserves, and doing so in an inclusive and engaging environment. The MBA is rich in tradition that I will commit to maintain. Yet the Bar is open and ready for new opportunities. My goal is to balance the two with honor, respect, and fortitude. My desire is to continue to build upon the longevity and legacy of this professional organization and its philanthropic arm through the Foundation. I will work to create an inclusive, diverse, valuable, and meaningful membership organization for the Memphis community. The contributions from members are critical to the MBA. Every current and past board member, every committee and section member, our judicial leaders, and the general membership has a place at the table. I cannot wait to get to know each member of the legal community and find a place for all at the MBA. Join us!
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Independence of the Judiciary By STEVEN J. MULROY, Bredesen Professor of Law, University of Memphis
S
eparation of powers is much in the news of late in the Volunteer State. The TBA recently sponsored a CLE on the subject, where I was honored to present alongside former Tennessee Supreme Court Justices (and fellow law professors) Penny White and William Koch.
Why the recent focus? A series of assaults on judicial independence this spring by the General Assembly. Fortunately, these assaults were unsuccessful for the most part. But they should trigger alarm bells among all Tennessee lawyers who care about the separation of powers and the rule of law. Attempted Removal Of A Judge. First came the attempt to remove Davidson County Chancellor Ellen Hobbs Lyle as punishment for ruling against the State in last year’s lawsuit to expand mail voting during the pandemic. [Full disclosure: I served as counsel for the plaintiffs in this lawsuit.] Article VI, Section 6 of the Tennessee Constitution allows the legislature to remove a sitting judge by a two-thirds vote after providing the judge notice of the ‘causes’ for the removal. This language has been interpreted in modern times as providing for removal ‘for cause,’ and not just because the legislature disagrees with a particular decision. Although the Senate ultimately stopped this fit of legislative pique, a majority of the House had initially co-sponsored a resolution to begin the removal process. Automatic Stays & Bans On Local Government Plaintiffs. Next came a bill sponsored by local state senator Brian Kelsey which would have given the State an automatic stay pending “the final outcome of the appeal” whenever a trial court granted preliminary injunctive relief against the State in a constitutional lawsuit. This was also a response to the mail voting lawsuit. This same bill would have permanently barred all local governments from ever bringing a constitutional challenge against the State. This provision was a response to the so-far successful efforts by Shelby County and Metro Nashville to block Tennessee’s latest school voucher bill. (The lawsuit is still pending.) This bill failed on the Senate floor in a 14-14 tie vote. The only trace of it that passed was a provision entitling the State to an interlocutory appeal (but not an automatic stay) in such constitutional cases. 8
“Super Chancery Court.” Finally came a bill which would have created a new statewide Chancery Court which would have exclusive jurisdiction over all constitutional challenges to state action. This three-judge trial court would have one judge from each Grand Division, but all three would be elected in statewide elections. Currently, Chancery Court judges in the state capital hear such challenges. The bill’s sponsor said on the record in committee that the point was to remove authority from ‘liberal’ judges from Davidson County, where they elect only Democrats, and give it to judges who would reflect the overall statewide ideology (i.e., Republican). This bill made significant progress through the committee process until it was eventually watered down. As passed, the three-judge court to hear such constitutional claims would consist of one currently serving trial judge from each Grand Division, all appointed for the occasion by the Tennessee Supreme Court on a case-by-case basis. Rigging The Game, Eroding Judicial Review. All of these came alarmingly close to fruition. They all represent legislative attempts to change the rules of the game, or the players, to protect the State from meaningful judicial review. Take the provision saying that the State always gets a stay pending final appeal. As we all know, the answer in the law is very rarely “Always” or “Never,” but almost always “It depends.” Sometimes, the matter litigated is time-sensitive, and it is necessary to immediately block imminently impending state action to protect the irrevocable violation of constitutional rights.
The mail voting case is a good example. Judge Lyle ordered expanded mail voting in early June. Had the Kelsey provision been in place, that order would have been suspended. By the time the appellate process wound up through final appeal, it would have been too late for the August election. (And though the Tennessee Supreme Court did ultimately scale back Judge Lyle’s order expanding mail voting eligibility, it kept in place the bulk of it. Mail voting continued to be expanded through November to anyone medically vulnerable to COVID or those residing with them, which amounted to well over two-thirds of Tennessee voters.) The ban on local government lawsuits is another bad use of “Never.” Sometimes, only a local government will have standing to bring a constitutional challenge. Other times, only a local government can avoid costly, protracted disputes regarding standing, or marshal the resources necessary for an effective challenge. The “Super Chancery Court” idea is even worse. Aside from the blatant politicization of the judiciary, the use of statewide elections would have meant that only the independently wealthy, or those indebted to deep-pocketed special interest groups, would be able to afford the exorbitant costs of a statewide campaign. Constitutional decision-making paid for by Charles Koch, or George Soros? Pick your poison. Perhaps the most blatant assault on the separation of powers was the attempt to remove Judge Lyle. Even though unsuccessful, the mere attempt to do so creates a chilling effect on judges throughout Tennessee. They have all got to be looking over their shoulder now: in constitutional cases, they rule against the State at their peril. The Special Role Of Lawyers. As attorneys, we have a special duty to sound the alarm about such tampering
with the rule of law. This means both the ‘outside game’ of public statements, op-eds, and the like, and the ‘inside game’ of calling key decisionmakers. This past spring, we had both. Prominent lawyers and former judges called legislators and the governor’s office to oppose all these measures. The Memphis Bar Association commendably took strong public stands against all of them as well. And bar associations across the state came to Judge Lyle’s defense. But some bar associations declined to intervene on the other bills, either because of divided opinion, a fear of seeming too partisan, or both. This is shortsighted. Every one of these bills was a clear attempt to unfairly tilt the scales of justice toward the State and away from the individual rights that it is the judiciary’s unique role to protect. This should be a concern to all lawyers—Democratic, Republican, liberal, or conservative. This skewing effect is often opaque to the general public. It is up to lawyers to make it transparent. This is a lesson we have to learn going forward, for we have not seen the last of these efforts to skew the court system.
Steve Mulroy is a University of Memphis law professor, a former Shelby County Commissioner, and a board member of the Memphis Bar Association.
Mid-South Immigration Advocates (MIA) received a grant from the Memphis Bar Foundation for its Survivors' Project Expense Fund protecting victims of domestic abuse, sexual assault, and other violent crime. Learn more about how MIA empowers immigrant communities by helping people obtain economic security, maintain family unity, and escape violence in this video.
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Post COVID: Rebuilding Health, Hope, and Opportunity By BUDDY STOCKWELL, Executive Director, Tennessee Lawyers Assistance Program
T
he year of 2020 has truly tested our mettle. It is not often that a disaster affects literally everyone in the world at least to some degree. All of us have suffered consequences from the COVID 19 Pandemic within a spectrum of damages ranging from death of family or friends at worst, to changes in employment, major inconveniences, distractions, isolation, and fears of uncertainty at best. Now, as we get vaccinated and finally begin to emerge from quarantine and the peak of the COVID crisis, there remains a serious level of uncertainty about how badly we have been damaged individually and as a profession. What does the future hold and what will our lives look like going forward?
while in continuous recovery from alcoholism. I have had a stunningly rewarding and interesting life in recovery, and I would not change a thing. I am very grateful to have enjoyed long term remission from a disease that tried its most powerful best to kill me. In addition to surviving alcoholism, I have also survived many hurricanes, going all the way back to Betsy in 1965 and the infamous Camille in 1969. I was nine years old when the eye of Betsy and the brunt of the storm passed over and shook our little house to its foundation in the ink-black night. Of course, everyone knows about Katrina in 2005, which was not the strongest to ever hit, but tested and breached the levee systems in New Orleans killing 81 people and causing well over one billion dollars in damages. The most devastating impact of Katrina: severe mental health damages to those who lost everything they owned, with many shipped off to other cities and forced to start a new life. Incidents of suicide, depression, substance use disorders, and trauma-related disorders overwhelmed mental health resources in Louisiana. It was a perfect storm for an epic mental health crisis.
As for me personally, I’m new to Tennessee. I was hired as the new Executive Director of Tennessee Lawyers Assistance Program (TLAP) last year and I moved to Tennessee in July of 2020, during the height of the Pandemic. I came from South Louisiana where I was the Director of Louisiana’s Judges and Lawyers Assistance Program for the last decade (and peer monitor and volunteer there since 1993).
Emotionally, and from a mental health standpoint, the COVID Pandemic feels the same to me, except it is happening on a global scale. Of course, after any storm, we can clear the highways, restore the powerlines, and clean up the debris in our yards. But the mental health damage is much harder to clearly identify, assess, and address because stigma and other barriers often block a person’s ability to admit, much less seek, the mental health help that they need.
Now, halfway into my 39th year of sobriety from alcoholism, my entire legal career (law school at LSU, practicing law in Baton Rouge, and as LAP director in Louisiana and now Tennessee) has been accomplished
As for the legal profession and Lawyers Assistance Programs across the nation, we were all on high alert as the Pandemic took hold in the spring of 2020. As the isolation and fear of being quarantined in an
10
unprecedented crisis ramped up, we braced ourselves for an anticipated tsunami of confidential calls for help from lawyers and judges experiencing serious anxiety, depression, or problematic alcohol or substance use due to the stressors of the Pandemic. But to our total surprise, the opposite happened. Many LAPs reported a steep decline in calls for help, with some reporting an unprecedented and eerie “radio silence.” We now also know that alcohol sales were concurrently spiking during the Pandemic. One envisions a significant number of folks now at high risk due to implementing a coping strategy of increasing their alcohol use while in isolation due to working remotely. In the meantime, the message on best practices selfcare during this Pandemic remains the same. To stay resilient and healthy means putting self-care first. Take media breaks and make sure you do not spend too many uninterrupted hours looking at computer, cellphone, and television screens. Get outside often, even if only in your backyard. It is important to turn off our “lawyer brains” and simply experience and appreciate the present moment. Meditation, mindfulness, yoga, or even taking a 15-minute walk in the morning and afternoon can render significant benefits. And, of course, we all know that exercise and diet matter. Staying connected with family and friends is also paramount. Mental health issues are always worsened by isolation. All these things are ingredients for the ultimate goal: developing and maintaining a positive “attitude of gratitude” that promotes health, hope, and opportunity even in times of adversity. The mission is not simply to survive but instead to thrive in the wake of COVID 19.
powerful than I could have anticipated. What that means in simple terms is this: I personally underestimated the negative mental health impact that the Pandemic has visited upon me, and I had also overestimated the positive effect of my adherence to all of the well-being practices. Of course, all of us have had different experiences, but that is what I am experiencing at present. We all have a lot more healing to do and we must be vigilant and intentional in taking care of both ourselves and others. The bottom line: it will take years, not months, for all of us to clearly identify and understand the mental health impact of COVID 19 on each of us personally and on the legal profession as a whole. There is one thing, however, that I can report with utmost confidence: no matter what level of support you may benefit from as we continue to navigate the Pandemic, TLAP is your highly specialized and comprehensive professional clinical resource. Whether it is up-to-date information on best practices in self-care and well-being to support the ongoing mental health of all members of the profession, or the need to access discreet and effective professional clinical help for a problem, TLAP is here. TLAP’s services are specifically designed to meet the needs of licensed professionals. All calls to TLAP are absolutely confidential. You do not even have to give your name. Please call (615) 741-3238 or visit us on the internet at www.tlap.org.
To that end, as I write this article, I find myself excited and optimistic. I am extremely grateful because I did not contract COVID 19, and I am now vaccinated. In the last week, yet another positive milestone: I travelled for business for the first time in a year, stayed in a hotel, and even conducted an in-person presentation to lawyers and judges who were not wearing masks because the mask mandate had finally been lifted. It was not until appearing at that in-person face-to-face event that I fully realized just how personally painful the isolation of the Pandemic has been. This was not an intellectual or analytical realization. Rather, soon after entering the room full of unmasked people and seeing their smiling faces, I experienced an uncontrolled and spontaneous reaction of joy and connection that was much more 11
POINT
The New Normal: No Gun Permit? No Problem By AMY WEIRICH
A
s we slowly begin removing our masks and climbing out from the forced isolation of the COVID pandemic, we still are faced with that other pandemic - gun violence. Unfortunately, the gun violence pandemic here and across the country shows no sign of slowing down. And there is no vaccine for this one. In fact, on July 1, the opposite of a vaccine arrives when permit-less carry becomes the law in Tennessee. With just a handful of exceptions, anyone over 21 can legally carry a handgun in public. No training required. What could possibly go wrong? Memphis had a record 332 homicides in 2020, with 80 percent of those involving guns. More than 1,300 people were shot. That’s not a misprint. Reports to police of shots fired: 21,000. Again, not a misprint. Nationwide, nearly 20,000 homicides involving guns were reported, according to the non-profit Gun Violence Archive. Clearly, there are far too many guns in the wrong hands, the hands of those looking for victims to rob, to get even with, or to kill. Currently, 716,027 Tennesseans have handgun permits. They passed a basic background check and completed a basic firearms training class. Is that really too much to ask? A permit is what separates those who hope they never have to pull the trigger from those who are itching to do just that. Law enforcement officers who see someone in public with a handgun can ask to see their permit and quickly determine whether this is a law abider who has been trained or a law breaker who should be charged with a crime. Without a permit, there is no way for officers to know 12
who is carrying to protect and who is carrying to prey. Yet, come July 1, Tennessee is doing away with the permit requirement to carrying around a dangerous weapon. No training? No problem. Some 20 other states also have adopted permit-less or, as its supporters call it, Constitutional carry. You only must be at least 21 (18 to 20 if in the military) and be a Tennessee resident. Still excluded from legally having a handgun are convicted felons, those with mental health issues, or those with convictions for domestic violence, stalking or drunken driving. Theft of a firearm, now a misdemeanor, becomes a felony under the permit-less carry law with a six-month mandatory sentence. That’s the tradeoff. In 2013, when the legislature passed the so-called guns-in-trunks law, Memphis had reported 358 thefts of guns from motor vehicles. That was about average before the law went into effect. When large numbers of gun owners began legally keeping their guns in their vehicles, the thefts immediately jumped. Criminals may not follow the law, but they know the law – and they know where to look for guns. Last year 1,324 guns were stolen from cars in Memphis. That number almost certainly will go up as people buy guns with no requirement to know how to safely store them. (A lock box in the trunk is an excellent way to store a gun. Even better is a lock box at home so kids are not endangered.) Here is perhaps why Tennessee is so divided on the gun issue. In the large rural areas of the state, where hunting is popular, young people learn about gun safety from their elders or from hunting organizations. In Memphis and other densely populated urban areas of the state, where hunting is not an option for many, young people are exposed to firearms at an early age, but with no safety instruction whatsoever.
Guns bought and sold on the street, or stolen from cars and homes, are then often stashed in neighborhood hiding spots to be checked out, used and returned like library books. The first time a young person uses a gun is likely to be during the commission of a crime. There is no safety class for users of illegal handguns. There is no test to pass. And, now, no permit to acquire for anyone. It is strictly on-the-job training. So where do we go from here? If you have a gun, or plan to get one, learn something about it: how it works, how to safely store it, when you can use it, and when you can’t. Go to a gun safety class and learn about situational awareness, trigger discipline, and using commands to de-escalate a situation before it becomes deadly. Treat every gun as if it is loaded, never point at anything you don’t intend to shoot and be aware of the background behind your target. Encourage other first-time handgun owners to take a safety class as well. Don’t buy a gun with the mindset that you’d rather be tried by 12 than carried by six. There’s much more to gun ownership than looking for a chance to shoot a bad guy. In real life, what you’re willing to do and then actually doing it are two different things.
Participants also are told to shout commands and warnings to the characters on the screen to stop an assault or to de-escalate the situation. When it’s over and the lights come on, the location of the participant’s shots are shown on the screen. They’re often off-target by a large margin – even though you’re sure your aim was right on target - and participants sometimes “kill” a good guy by mistake. That’s a bad feeling, even though it’s just a simulator. It’s definitely a wake-up call for anyone thinking about carrying a gun. In response to the permit-less carry change in the law, Shelby County Sheriff Floyd Bonner Jr. recently began offering free handgun safety classes for the public. There will be no guns and no shooting, but firearms instructors will teach proper handling and operation of firearms, how to carry and secure them, and many other safety topics. Shelby County, the state’s most populous, has always had more gun-permit holders than any other county in Tennessee. Let’s hope those planning to become new permit-less gun carriers will be responsible well-trained owners.
In a stressful situation, with your heart pumping and adrenaline flowing, accuracy can drop by up to 40 percent in even the best of shooters. It’s not like a day at the gun range where you can breathe, relax, aim and squeeze. In real-life situations, most of your shots are likely to miss. In recent years, many members of my office have gone through a simulated firearms exercise called Shoot-Don’t Shoot. Even though you know it’s just a simulation, it will get your heart pumping and leave you with sweaty hands.
Amy Weirich is the District Attorney General of Shelby County.
The Tennessee Bureau of Investigation program presents a video requiring the participant to make splitsecond decisions whether to shoot and, if so, who to shoot. The weapon is a heavy laser gun that vibrates and simulates gunfire. The characters on the video react to the shots, sometimes dropping in their tracks and sometimes returning fire. 13
COUNTERPOINT
I
THE SKY IS STILL NOT FALLING By RONALD D. KRELSTEIN
write based upon my experience in helping to draft laws supporting the lawful use of firearms. For the better part of the last 50 years, I have been an active competitor in rifle and pistol competition. So, for my own selfish reasons, I have followed the development of Tennessee law about firearms, how and when they may be used, and the results that flowed from such legislation. At issue is the legislature’s recent passage of the constitutional carry act. General Weirich has written a thoughtful article on the subject of “constitutional carry” or “open carry.” Much of what she says has merit. The ownership and use of any firearm, from pistol to long gun, imposes grave responsibility on the owner. Where I part company with General Weirich is when she argues that a permit makes a more responsible gun owner than another person who qualifies for a permit but chooses the “open carry” route. The average recreational shooter has more marksmanship ability than the average police officer. The reason is simple: recreational shooters spend more time and money on honing their skills than does the average police officer. Just ask a member of the MPD Firearms Training Unit how difficult it is to get an officer candidate qualified. Some do not even know how to load a magazine for their weapons. And when it comes to competitive shooters, it is no contest at all. To be sure, the MPD has had some very exceptional competitors over the last 50 years. The most recent to come to mind is Mike Rawlings our former director of the MPD. As in every enactment of any law that favors the lawabiding gun owner, we are besieged by many “experts” who tell us that the streets will run red with blood. The late Justice Scalia put it concisely when he said, “there are some very bright people with bad ideas.” Consider the following laws. First up is the one that was called “Make My Day” because it allowed the use of deadly force in certain situations and immunized the one using deadly force from any action by the injured felon or his estate. Tennessee Code Annotated section 14
39-11-622. If injury to property or to an innocent third person occurred, then immunity was removed. This obviously acted as an adequate safe-guard to prevent the reckless discharge of firearms. But there would be no workers compensation for the injured or deceased felon. Following enactment of this law, we were warned of the dire consequences that would follow. The streets would run red with blood, so we were told. Did not happen. In 1989 two laws were enacted that outlined when a private citizen could use deadly force to protect a third person and when deadly force was authorized to make an arrest or to stop a fleeing felon. Tennessee Code Annotated section 39-11- 621 and Tennessee Code Annotated section 39-11-612. Essentially, these two enactments placed the private citizen on the same footing as a law enforcement officer. Thus, they overrode the Code Commission 1989 version that stripped the private person from using deadly force under the same circumstances as a police officer. The Code Commission believed that such matters were best left to the police. The legislature thought otherwise. Congressman Cohen, then a state senator, championed both bills. Again, we were told that the streets would run red with blood. People who do not like firearms at all or for any purpose are true fanatics about the subject. Remember, a fanatic is one who has lost sight of his original goal but redoubles his efforts. Now we have constitutional carry. As General Weirich notes, about 20 other states have similar laws. No blood on their streets. I agree with General Weirich that there is too much violence committed with or without guns. When teenagers are shot and killed during a botched attempted carjacking, who shares the blame? I submit that it is neither you nor me. Finally, I agree with General Weirich that anyone who wants to own any type of firearm should seek out as much training and instruction as is possible and learn to be a responsible gun owner. But in the meantime, the sky is still not falling.
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A Conversation with the Honorable Earnestine Hunt Dorse-
Retired But Her Legacy Lives On … HARRISON D. MCIVER III, Interviewer
J
udge Earnestine Hunt Dorse and I met soon after my arrival to assume the leadership of Memphis Area Legal Services. For more than twenty years I have had the pleasure to know and observe her in action. Professionally, we along with then City Prosecutor, the late Teresa Jones, met several times to discuss, how the City’s anti-discrimination ordinance would be implemented. I also observed her in the context of her work as a leader in the National Bar Association Judicial Council. Over the years Judge Dorse, her husband Fred, my wife Lauryce, and I enjoyed showcasing our dancing prowess at various events. She left a positive imprint on this community and beyond. I am proud to call her a friend.
Now, let’s hear from Judge Dorse:
HDM: Judge Dorse, you have had a very long and impressive career, but not many of the readers know very much about you before your legal career began. Please share a little about where you are from, family, educational background, and your career before pursuing the law. Additionally, what makes you the unique person you are, and what are some of the guiding and foundational principles that shaped your life?
studied in five foreign countries: Switzerland; Austria; France; Sweden; and Germany.
Judge Dorse: I am a native Memphian born and raised in Orange Mound, Tennessee. My father, Mr. William Ernest Hunt, after whom I was named, was a construction worker and chauffeur. My mother, Mrs. Jennie Hunt, was a housewife. I am the fourth of six siblings. My older brother and two sisters are deceased. I am married to Fred O. Dorse, a retired businessman, and we have seven children, five grandsons and two greatgrandchildren.
I know my uniqueness comes from my faith in God, my fellow man and myself. I believe in these foundational principles to guide me in my life:
I attended Melrose High School, graduated cum laude from Clark College (now Clark Atlanta University) and from Cecil C. Humphreys School of Law at Memphis State University (now University of Memphis). I also was an exchange student at Dag Hammarskjold College and 16
I taught in the Memphis City School system, served as a research associate at the Memphis Urban League and Memphis State University and later worked as a paralegal while pursuing my legal career. I have been a seamstress since the age of nine and have designed clothes and jewelry since the age of 12.
1. A little will becomes much when you place it in the master’s hand. 2. A quitter never wins, and a winner never quits. 3. The race is not given to the swift or the strong, but the one who endured to the end. 4. Never let anyone define you. HDM: You attended Clark College, an HBCU. What impact did it have on your life and career trajectory? Judge Dorse: I was fortunate to attend Clark College with a very, very strong foundation rooted in education
and community pride that was instilled in me as a student of Melrose High School and growing up in Orange Mound. Clark College only continued to nourish that foundation. HDM: Who or what circumstances inspired you to choose the law and to attend law school? Who are/were your mentors who influenced your decision? Judge Dorse: I was in the 10th grade when I led the student body out of school to support the local sanitation strike and to join Dr. Martin Luther King Jr.’s march in downtown Memphis. I was a charter member of the Southern Christian Leadership Conference Choir and sang with the choir during Dr. King’s last speech at Mason Temple in Memphis and at his funeral. My sister, Mary Hunt, is the young lady who is pictured standing on the balcony pointing out the direction from which the assailant’s bullet was fired, killing Dr. King. These events inspired me to complete my education and to attend an HBCU. However, I was also inspired to pursue law as a career when I witnessed my parents’ mortgage company trying to take our home based on their errors. My parents did not have the money to hire an attorney and finally went to legal services for help. I knew then that I wanted to become a lawyer to help people like my parents. I was blessed to have been raised in a village with many mentors and individuals with inspirational life stories. Heroes and sheroes like my father, Bishop E. Lynn Brown, Judge Bernice Donald, Dr. Martin Luther King Jr., and Justice Thurgood Marshall, helped form who I am today. HDM: Please describe your first legal job and your experience as an African-American woman. How many women generally and black women, in particular, held attorney positions? Judge Dorse: My first legal jobs were law clerk positions for great women lawyers- Dorothy Graham and Associates, the Law Firm of Evans, Willis, Stotts and Kyles; and Memphis Area Legal Services. I first practiced law with Perkins (Sam), Hana and Associates. I worked in the office with Judge Jerry Stokes, Judge D’Army Bailey and Walter Bailey, and the Shelby County Public Defender’s Office. Early on I was a paralegal with Holiday Inn, Inc. and a large Chicago firm, Sonnenschein Nath and Rosenthal. HDM: What were the circumstances surrounding your joining the Shelby County Public Defender’s Office?
Fred O. Dorse stands by his wife’s side during the swearing-in ceremony. Judge Dorse: I never wanted to practice criminal law and was subsequently offered a job as an assistant public defender. In order to do that work, I looked at the need and how to reconcile my thoughts about the system by knowing my job would be to make sure the state did its job. HDM: How long did you serve, under whom did you serve, and what did you enjoy most about your time in that position? What are the unique challenges public defenders face? Judge Dorse: I joined the Shelby County Public Defender’s Office, under former City Mayor-Attorney AC Wharton, in 1986 and served in that position until December 10, 1990. It was then, I was elected as Memphis’ first African American female judge and only the second African American female judge in the State of Tennessee. I had the pleasure of practicing law with now Judge Lois Lambert Ryan, Judge Carolyn Watkins, the late Judge Teresa Jones, Judge Tarik Sugarmon, Judge Gwen Rooks, Judge Betty Thomas Moore, and attorney Robert Jones, just to name a few. We were a great group of attorneys from all backgrounds with two common goals – making sure every citizen entering the criminal justice system had their day in court and making the State prove its cases. However, 17
public defenders have many challenges, like poor public perception, lack of support staff (investigators), caseloads and funds to hire expert support. I think and feel that public defenders know the judges, CLASS 44 are the experts. MICHAELThey & MALLORY SEEKER $300 GREEN WORKING HUNTER 3’9” (1ST ROUND CLASSIC) the law and they do the same thing daily, while private CLASS WINDY ANDtoJAMES practitioners go1 to court from time time.CASH $350 HIGH PERFORMANCE WORKING HUNTER 4’0”
HDM: Who or what were the circumstances that CLASS 2 WINDY AND JAMES CASH persuaded you to apply for city judge?WORKING What HUNTER 4’0” (1ST ROUND CLASSIC) $350Memphis HIGH PERFORMANCE are the qualities that a judge should possess? What CLASS 6 CATHY AND BRIAN SWORDS did PERFORMANCE WORKING HUNTER 3’6” you enjoy most as a judge?$200 What were the challenges? 7 First, let CATHY AND BRIAN JudgeCLASS Dorse: me say that my SWORDS first love was $200 PERFORMANCE WORKING HUNTER 3’6” (1ST ROUND CLASSIC) to be a juvenile court judge and to take on the Juvenile CLASS 11 HARRIET McFADDEN Court’s unfair, unequal, $200 and PERFORMANCE outdated system (at that WORKING HUNTER 3’3” time). However, that subject is another interview by itself. CLASS 12 HARRIET McFADDEN I felt that I had the desire,$200 life experience and WORKING compassion PERFORMANCE HUNTER 3’3” to be a juvenile court judge,Trophy but I and didRibbons not have the legal awarded in all classes unless otherwise indicated Blue and Red Ribbons Hunter Warm up classes based on numerical scores experience, name recognition and votingawarded base toinunseat Elected City Court Judge On the legendary Judge Kenneth Turner. That’s when I, December 10, 1990, Dorse (left) was along with my political consultant Fred Dorse, mapped TUESDAY sworn in by Judge Bernice Donald. out an eight-year plan to accomplish my goalSONNY to become FOSTER ARENA a juvenile court judge. The first step was toJUNE run for 4 - 9:00 A. M. judicial temperament. I most enjoyed being a role model Circuit Court Judge in 1990. I came in second to now CLASS 401 WILDWOOD FARM for young girls and teaching the community and those Justice Janice Holder outSCHOOLING of a field ofJUMPER approximately 1.0m (II) six appearing before me about the law. In addition, I wanted candidates. CLASS 404 FEDEX to make sure that each citizen who left my courtroom CHILDREN’S/AMATEUR 1.0m (II, 2b) During that electionLOW year, City Court Judge ADULT Kay JUMPER felt that he or she had their day in court regardless of my Robilio won a seat benchGILL thus creating ruling and was treated with respect. CLASS 407on the circuit BILLY &court STEFANIE $250 CHILDREN’S JUMPER 1.10mme (II, 2b) a vacancy on the city court. Mr. Dorse then advised I faced many challenges as the first African American to take advantage the circuit court race, CLASS 410of my showing HARRIETinMCFADDEN female $250 ADULT AMATEUR JUMPER 1.10m (II, 2b) judge in the city court: developing name recognition and establishing a voting 1. Demanding and earning respect from a few white base by running for the vacant seat. I won, after a hard CLASS 429 GENEVA ADAMS 5 YR. OLD YOUNG male attorneys that practiced before me. campaign, in the last citywide runoff race JUMPERS in 1990.- 1.10M (II) CLASS 413 the best D&Dqualities MANUFACTURING I think that for a judge are $500 MODIFIED JUMPERS 1.20m (II, 2b) commitment to the rule of law, respect for mankind and CLASS 432
2. Encouraging prosecutors to show a degree of compassion when necessary. I have a saying that I use when speaking to the public: People come
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to court seeking justice but really want mercy. No human can stand pure justice! 3. Protecting the integrity of the court system while being a branch of the city administration. 4. Creating penalties “outside of the box” that will help citizens to maintain their jobs and future job opportunities. HDM: I understand that you had a close friendship with your successor, the late Judge Teresa Jones. Please share your thoughts and memories about Judge Jones. I also understand that you are friends with the newly appointed City Judge, Carolyn Watkins. What advice would you give her? Judge Dorse: Judge Teresa Jones was the city prosecutor that walked with a big stick and had a heart of gold. She possessed a great knowledge of the law which she displayed in the courtroom, both as a lawyer and judge, and as a commissioner on the Shelby County School Board. Judge Jones was a great tennis player, traveling and shopping companion. She was the treasurer of our Memphis In May cooking team and made sure we stayed financially sound, even if it meant we couldn’t purchase what we desired. She spoiled my husband and grandson with her pound cake and lemon pie! She was a friend that let you know where she stood, whether in front of you, behind you, or by your side. I am blessed to have had Judge Teresa Jones as a colleague and friend for more than 35 years. I am also friends with Judge Carolyn Watkins. The three of us, including Judge Jones, were co-workers in the Shelby County Public Defender’s Office, Memphis in May team members, and National Bar Association loyalists. Judge Watkins has helped me with many of my social, community and professional achievements. I am truly proud that I was able to pass on the baton to Judge Teresa Jones and now Judge Carolyn Watkins to carry on judicial excellence in City Court Division. 1. My advice to Judge Watkins is to never forget from whence you came. 2. Leave the robe at the office but remember that you are required to wear the title of judge 24/7. 3. Always respect the citizens that come before you and the voters. And never, never impugn the integrity of the courts. HDM: I have on occasion visited the Walter Bailey Courthouse a/k/a 201 Poplar. There were always long
lines, sometimes out of the door and looping around the block, to attend various courts housed there. What changes, if any, were or should be undertaken to address the large crowds? Judge Dorse: Move city courts to another building with adequate parking. I failed in my many efforts, as the administrative judge, to move the city court out of 201 Poplar Avenue. We explored the old city jail at Second and Adams, the Police Building at Poplar Avenue and Fourth Street, and one shopping center. HDM: Judge Dorse, you have been very involved with the Ben F. Jones Chapter and the National Bar Association for many years. Please share your leadership roles and activities therein. Judge Dorse: I have been a member of both organizations for over thirty years. It was the Ben F. Jones organization efforts that led to many African American lawyers being elected to judgeship. I led the effort to start the now defunct golf tournament that established the Rosedale Pearson Scholarship Fund. The scholarship was named after a young Mid-South Junior Golf Association golfer who died of Sickle Cell disease. I was proud of the scholarships that were awarded and the support of the Pearson Family. My three high points as a member of the National Bar Association were: 1. Bringing the annual NBA Convention to Memphis for the first time in 1998 grossing the city an amount estimated to more than $8 million dollars and national recognition due to the participation of Supreme Court Justice Clarence Thomas. 2. Being elected as Chair of the 2003-2004 National Bar Association Judicial Council. The Judicial Council represents judges in four countries and a territory: United Kingdom, Africa, Canada, the United States, and the Virgin Islands. 3. I am working and supporting the Ben F. Jones Chapter in bringing the National Bar Association Convention back to Memphis in 2022 for the second time. HDM: We have seen the advent of COVID-19, its impact on people of color, and heightened racism in this country. What are your thoughts? 19
Judge Dorse: COVID-19 has had a devastating effect on the African American community. It has caused the closing of many small businesses that will not be able to reopen. It has driven African American unemployment into double digits and eliminated many jobs that will never be filled. It has set our school age young people back one year. It has caused increases in domestic violence, suicides, and mental health problems. And most sadly, it has had a tremendous impact on the deaths of many loved ones.
which I strongly believe starts with the hiring of racist individuals, and the racist culture that have been brewing within the police and military organizations. I am also saddened by our elected and appointed officials and the outright racist leadership. I have learned that you can’t always change people's hearts, but you can change racist acts and laws with your vote.
Witnessing the heightened racism in our country over the last six years has taken a toll on me personally. I was a civil rights activist during the 60’s, 70’s and 80’s. I have experienced racism personally during my college and professional years. I have also experienced and seen many gains from our efforts only to see blatant acts of racism destroying them. Approximately 339 voting rights pieces of legislation have been introduced in 47 states by Republicans, all to suppress our vote. Witnessing the increase of white policemen killing African Americans,
Judge Dorse: Many of my proudest and most significant accomplishments, memories and experiences have been mentioned in my answers to the other questions. I will only add that I am really proud that I supported and helped pave the way for many African American female judges that followed me to the bench in Memphis and Shelby County.
HDM: What were your proudest and most significant accomplishments, memories, and experiences you would like to share about your distinguished career?
HDM: Now retired, how are you spending your time? Judge Dorse: Retirement has been a real challenge for me. I have used my retirement freedom to expand my custom jewelry business that I started as a hobby. I have also joined the board of the Willow Inc., a nonprofit organization working with women and home schooling my grandchildren during the COVID-19 pandemic. I have also started back playing golf one day a week with a few ladies and look forward to playing golf with my husband in the nine states left on his bucket list to complete all 50 states plus DC. HDM: Do you have any concluding remarks, thoughts, etc.? Judge Dorse: I pray that my life and public service have been a blessing to the City of Memphis, State of Tennessee, and the many people that I have had the privilege of meeting and working with over the world. Live your best life under your current circumstances. Be blessed and a blessing. HDM: Thank you Judge Dorse - continue to be a blessing to us all!
Harrison D. McIver III is CEO Emeritus of Memphis Area Legal Services and an advocate for justice for more than forty years. 20
TENNESSEE CHAPTER Memphis Area Members recognized for Excellence in the field of Mediation or Arbitration
Gayle ASHWORTH (615) 254-1877
Allen BLAIR (901) 581-4100
George BROWN (901) 523-2930
John CANNON (901) 328-8227
Fred COLLINS (731) 686-8355
Janice HOLDER (901) 527-3765
Trey JORDAN (901) 526-0606
Hayden LAIT (901) 527-1301
Minton MAYER (901) 312-1640
Jerry POTTER (901) 525-1455
Check preferred dates or schedule appointments online directly with the state’s top mediators & arbitrators. www.TennesseeMediators.org is entirely free, funded by our members
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Caring for Seniors in a Time of COVID By Elder Law Attorney, KAREN HENSON
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ell, here we are 14 months into COVID shutdowns, masks, social distancing, and finally vaccines—with the hopes that NEXT year will be better. This virus came for our most vulnerable, our seniors. “Adults 65 and older account for 16% of the US population but 80% of COVID-19 deaths in the US.”1 The experts told us the best way to keep seniors safe from the virus was to not visit them in person. Unfortunately, while isolating seniors is good for preventing COVID-19, it is just the shroud of secrecy under which abuse thrives. As a partner of the Coordinated Response to Elder Abuse (“CREA”) in Shelby County, I can say 2020 was not as busy for CREA as one might have thought. We expected a surge in reports, but other than the financial/ internet scams that thrive around all chaos, the reports remained steady but not out of control. Of course, with all the technology and extra steps we all have had to adopt, it just felt like more work. Isolation makes seniors more vulnerable. Telemedicine does not work if granddad does not know how to work Zoom or does not have Wi-Fi. Doctors cannot see medical neglect if their patients are not coming into the office. Agencies that normally lay eyes and hands on aging populations disappeared, in a sense. Adult Protective Services cannot intervene if they are not allowed to enter 22
the home for fear of COVID. Code Enforcement used to walk neighborhoods and check in on seniors, as our more depressed neighborhoods typically have a high percentage of senior citizens who struggle to maintain their properties, but COVID prevented that personal touch. With the world slowly opening back up and most seniors having gotten their jabs, we are finally seeing
Community Legal Center received a grant from the Memphis Bar Foundation for its Elder Abuse Services. Learn more about how the CLC protects the dignity and safety of the elderly in this video.
seniors face to face and putting hands on them more than a year later. We are starting to see the reports go up again. Stimulus funds have been hijacked. Abusers who have been able to shut out the prying eyes of concerned family, citing COVID protocols, are being exposed. The isolation has also been devastating to seniors aging alone who had mild to moderate dementia. Without human interaction and stimulation, dementia and depression progress exponentially. These are the folks whose files I expect to hit my desk over the coming months. I file petitions for conservatorship of seniors who have slipped into incapacity and can longer care for themselves or protect themselves from abuse, and COVID created a perfect storm for those who were already struggling with their aging bodies and minds. I’ll wrap things up by saying all attorneys, not just elder law attorneys, are going to start seeing long-time clients facing these issues. You may be experiencing this with your own loved ones. If you suspect a client or family member needs intervention because they are aging alone
or someone is taking advantage of them and you are unable to assist due to conflicts, please make a report to the Family Safety Center at 901-222-4400. They are the hub of CREA and have connections to all the resources a vulnerable or abused elder may need. If anyone would like to know more about the work CREA does or can help by serving as a pro bono guardian ad litem (“GAL”), please email me at karenh@clcmemphis.org. I have a short list of wonderful Shelby County attorneys who have agreed to serve as my GALs, but I can always use more. I can provide any training necessary, and the typical case only involves about 5-8 hours over a couple of months. It is truly gratifying work, as well. You can make a genuine difference in an abused elder’s life, and that’s something we can all get behind. And here’s to this once in a century event truly being once in a century. 1
https://www.kff.org/coronavirus-covid-19/issue-brief/what-share-ofpeople-who-have-died-of-covid-19-are-65-and-older-and-how-does-itvary-by-state/
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PARTNERSHIP MAKES US ALL STRONGER By CINDY COLE ETTINGOFF, CEO and General Counsel, Memphis Area Legal Services, Inc.
T
he pandemic has given a whole new meaning to the phrase, “it takes a village.” Each business that closed and each individual that called frantically seeking help made it clear that we are all partners in the pandemic. While not all of us lost a job, most of us know someone who did or know someone who was unable to work due to lack of child care or for health-related reasons. It is common knowledge that the pandemic hit poor people harder, particularly poor people of color, who had never been paid enough to be able to accrue savings that they could draw upon to pay rent when their jobs closed. However, the pandemic has impacted more than just those who were poor at the outset of the pandemic. Almost weekly we receive a call from someone who previously had a higher salaried job, who has become jobless. Most of us would find fifteen months with no income difficult. Yet, many in our community have faced and continue to face that reality. Now more than ever, the services offered by Memphis Area Legal Services, Inc. (MALS) are needed and needed by more community members than ever before. That is where MALS’ partnerships come into play. In an effort to make the dollars we receive go further, to do more good for more people, MALS has focused on partnerships. This year MALS has had the privilege of working with donors and service organizations who share our vision of a better community. One such partnership involves, among others, the City of Memphis, Shelby 24
County, and the University of Memphis School of Law to provide training for pro bono volunteer attorneys and to pair those attorneys with tenants facing evictions. As part of that partnership, MALS’ attorneys also represent tenants in an effort to prevent evictions. Another partnership in which MALS is involved is the Signature Corporate Pro Bono Initiative, involving International Paper, Baker Donelson, Butler Snow, Bass Berry, Just City, and Amber Floyd, General Counsel for the Airport Authority. Through this initiative trained pro bono attorney volunteers staff expungement and restoration of rights clinics. The goal in obtaining expungements and restoration of rights is to remove roadblocks that can prevent individuals from being employed or obtaining better employment. MALS also has an ongoing partnership with the University of Memphis School of Law whereby students participate in Alternative Spring Bring and various externship and internship opportunities with MALS. This year, Alternative Spring Break (ASB) offered students the opportunity to work in an area where students have not typically worked in the past. However, given the unusually high level of unemployment and the variety of and confusion about the various types of state and federal unemployment available, a new ASB track was created to address that area of legal need. As a result, supervised students served MALS clients in addressing unemployment claims, appeals, and waivers.
Among our other statewide partnerships this year, MALS works with the Tennessee Valley Authority (TVA) to conduct pro bono wills clinics staffed with TVA attorneys. As part of a statewide Access to Justice effort fellows placed at MALS assist with the expungement initiative and provide support for the Memphis Child Medical-Legal Partnership between Le Bonheur Children’s Hospital and MALS. In lieu of the in-person Saturday clinics once held pre-pandemic, MALS has partnered with the Tennessee Valley Authority (TVA), Community Legal Center (CLC), and the MBA’s Access to Justice Committee to host “First Friday Virtual Clinics” monthly. These clinics are advice-only and cover a different area of law each month. CLE credit and training are provided to the participating volunteer attorneys.
The Tennessee Innocence Project The Tennessee Innocence Project received a grant from the Memphis Bar Foundation for exonerating the wrongfully convicted. Watch this video to learn more about the Tennessee Innocence Project.
Among our most treasured partners are our grantors, donors and volunteers. All of them serve as allies in the battle against homelessness. However, among MALS' most treasured allies, is the legal community. Led by the capable team of Judge Diane Vescovo (retired) and Mike McLaren for the 2019 and 2020 campaigns, MALS Campaign for Equal Justice donors made available funds needed to provide needed services, many of which we could not have anticipated pre-pandemic. Through the Campaign for Equal Justice and MALS Dining for Justice, donors have stepped forward and allowed MALS the grace to use donations in the areas of greatest unmet need. MALS would not have been able to have the flexibility to address the unforeseen needs absent the support and generosity of all of our donors and we are thankful for and humbled by that support. We may not be able to foresee the exact needs of our community, but it is clear that the increased need for services will continue. From its inception, MALS has recognized the importance of partnership as well as the need to serve the lower-income and aging community. But the onset of the chaos and devastation the pandemic caused, has also taught us the need for flexibility and innovation. The needs of our community continue and so does MALS’ dedication to serving those needs by means of new and innovative techniques and efforts to make our service dollars go further through partnerships. 25
COMMUNITY LEGAL CENTER WELCOMES NEW LEADERSHIP The Community Legal Center (CLC) has named Memphis attorney Diana M. Comes as its Executive Director. Comes assumes the role following the retirement in March 2021 of the previous director Anne Mathes, who had led the nonprofit legal agency since August 2015. “On behalf of the Board of Directors, I am pleased to welcome Diana as the new Executive Director of the Community Legal Center,” says Matthew S. Mulqueen, Board President. “Diana brings a unique combination of professionalism, leadership, and character that aligns perfectly with the organization and mission of the CLC. The Board is excited to work with Diana to reach new heights in serving the members of our community in need of critical legal services.” “I am thrilled to join this amazing team and to support the critical work that the Community Legal Center does in our neighborhoods. I look forward to building on the strong foundation laid by Anne and Interim Executive Director Jerri Green,” said Comes. Previously, Comes was a partner with Butler Snow LLP, where she focused her practice on commercial and appellate litigation. Prior to joining Butler Snow, she served as a law clerk for the Hon. Ronald Gilman, United States Court of Appeals for the Sixth Circuit, and for the Hon. Jon P. McCalla, United States District Court for the Western District of Tennessee. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and her bachelor’s degree from Rhodes College. In addition to the newly named Executive Director Diana Comes, the CLC has named Gortria Banks as its new associate executive director and Jonathan Ealy as its new director of development and communications. Banks is a 31-year veteran of the Shelby County/Memphis court systems. She retired in December 2020 after having served as the finance administrator for both general sessions civil and criminal courts. Ealy previously was with Opera Memphis and the Clark Opera Memphis Center for over a decade. He also served as interim executive director of OUTMemphis: The LGBTQIA Center for the Mid-South.
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If you are an MBA member in good standing and you’ve moved, been promoted, hired an associate, taken on a partner, or received an award, we’d like to hear from you. We will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). Notices are limited to 100 words; they are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to kswan@memphisbar.org.
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JUDGE BERNICE DONALD TAKES SENIOR STATUS On Friday, May 14, 2021, Judge Bernice Donald notified President Joseph R. Biden of her intent to “take senior status upon the confirmation of [her] successor.” Donald was appointed to the Sixth Circuit Court of Appeals in September 2011 by President Barack Obama. The Sixth Circuit Court of Appeals is comprised of the states of Michigan, Ohio, Tennessee, and Kentucky. Donald began her career as a General Sessions Judge in 1982, becoming the first African American woman to serve as a judge in Tennessee’s history. After serving six years of her 8-year term, Donald was selected by the Sixth Circuit Court of Appeals to serve as a judge on the U.S. Bankruptcy Court for Western District Tennessee. In 1988, Donald became the first African American woman in U.S. history to serve as a bankruptcy judge. In 1995, on the recommendation of Congressman Harold Ford, Sr., President Bill Clinton appointed Donald to replace Judge Odell Horton on the U.S. District Court for the Western District.
MAJOR GENERAL ALBERT HARVEY Major General Albert Harvey received the Judge Pamela L. Reeves Tennessee Professionalism Award from the Tennessee Bar Association (TBA) and Tennessee’s American Inns of Court. The award was recently renamed in honor of the late Judge Reeves, who was also the first recipient of the award in 2020. The Judge Pamela L. Reeves Tennessee Professionalism Award is awarded each year to a lawyer or judge whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the rule of law and the highest standards of the legal profession in Tennessee. The award is presented to a lawyer or judge residing in the Grand Division of Tennessee where the TBA’s Annual Convention is held. Harvey was chosen for his decades of leadership and service to the legal profession. He is a past president of both the Tennessee and Memphis Bar Associations and is the immediate past chair of the American Bar Association’s Senior Lawyers Division. Prior to his legal career Harvey was active duty in the United States Marines. He recently retired from the United States Marine Corps Reserve with the rank of Major General. He serves on the adjunct faculty of the University of Memphis Law School teaching National Security Law, and previously served on the adjunct faculty of University of Tennessee Center for Health Sciences. He is respected by his peers at the local, state and national levels and unquestionably displays the character and integrity required for this award.
GEORGE T. "BUCK" LEWIS George T. "Buck" Lewis of Baker Donelson has been appointed as a special advisor to the American Bar Association (ABA) Standing Committee on Pro Bono and Public Service. A shareholder in the Memphis office of Baker Donelson and leader of the Firm's Appellate Practice Group, Mr. Lewis served as chair of the ABA Pro Bono and Public Service Committee from 2016 to 2019. He has also served as president of the Tennessee Bar Association and the Memphis Bar Foundation, and he has chaired the Tennessee Supreme Court Access to Justice Commission. He has twice received ABA Presidential Citations, most recently in 2019 for his work on access to justice issues. Mr. Lewis is also a recipient of the Frances Perkins Public Service Award from the ABA Section of Labor and Employment Law, the William Reece Smith Jr. Pro Bono Award from the National Association of Pro Bono Professionals, and the Justice Janice Holder Award for Access to Justice from the Tennessee Alliance for Legal Services.
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RYAN SAHAROVICH Ryan Saharovich will be chairing the firm’s mass torts practice group working on legal cases involving dangerous pharmaceutical products and defective products. Mr. Saharovich obtained his undergraduate degree from University of Texas in Austin and then graduated with honors from Emory University School of Law in Atlanta. At Emory, Mr. Saharovich received the Dean’s award in Legal Writing and Research, and the Custer Tuggle Award in Family Law. He also served as a Notes and Comments editor of The Bankruptcy Developments Journal. His article was published by the Journal and he also won the Keith J. Shapiro Award for Excellence in Consumer Bankruptcy writing for his law review article. While in law school, he served as a judicial intern for the Honorable Jon McCalla. After law school, Mr. Saharovich worked as a litigation associate at Burch, Porter and Johnson for four years.
ROD C. WATSON Hall Booth Smith, P.C is pleased to welcome Associate Rodrequez “Rod” C. Watson as the Memphis office adds new talent to meet client needs. Rod has extensive litigation experience and has overseen numerous commercial litigation and criminal defense matters from the initial Complaint through dispositive motion practice, alternative dispute resolution, and trial. He also has experience representing various business entities and professional clients in pre-suit investigations. Prior to joining HBS, Rod served as an Assistant Public Defender and worked as an Associate Attorney at a regional insurance defense firm. Rod earned a J.D. from the University of Memphis Cecil C. Humphreys School of Law, where he was Editor-in-Chief of the Mental Health Law & Policy Journal and served as law clerk to the Honorable Jerry Stokes in the Circuit Court of Shelby County, Tennessee. He also served as a legal extern for the United States Attorney’s Office and City of Memphis Attorney’s Office. In addition, Rod was a legal intern for Justice Janice Holder of the Tennessee Supreme Court. Rod also holds a B.S., cum laude, in Political Science, with a minor in Philosophy from Middle Tennessee State University. “We are happy to have Rod join our team in Memphis. He brings great experience and will help us to serve our clients well,” said Jennifer Harrison, a Partner who oversees the HBS Memphis office.
MOSKOVITZ, MCGHEE, BROWN, COHEN & MOORE The law firm previously known as Shea Moskovitz & McGhee has officially updated its name to Moskovitz, McGhee, Brown, Cohen & Moore, effective July 1. Founded in 1989, the firm focused exclusively on family law for more than 25 years before expanding its practice areas to include criminal defense, asset forfeiture, federal criminal law, personal injury, wrongful death, insurance disputes, commercial litigation, probate and estate planning. The firm’s name change is timely, according to attorney and firm co-founder, Mitch Moskovitz. “The attorneys we added to the firm name are those who have the longest tenure with our practice and they are each deserving of this recognition,” says Moskovitz. New additions to the firm name include attorneys Aubrey Brown, Adam Cohen and Zachary Moore. Attorneys Mitch Moskovitz and Charles McGhee were already included in the previous iteration of the firm’s name. Co-founding partner, attorney Wanda Shea, retired in recent years and is no longer involved in the firm. “We remain grateful to Wanda for her partnership and entrepreneurship that helped us build the thriving practice we have today,” says Moskovitz. Brown
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Cohen
Moore
