Nashville Bar Journal | February/March 2019 by Nashville Bar Association

JOURNAL Journal Journal

FEBRUARY/MARCH 2019 | VOLUME 19 | NO. 1

FEATURE

Restoring the Presumption of Innocence for Those Without Wealth ALSO

Indigent Representation Fueling the Never-Ending Cycle of Debt Innovations in Nashvilleâ&#x20AC;&#x2122;s Justice System

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OFFICIAL BANK PARTNER OF THE NASHVILLE BAR ASSOCIATION Insurance Products, Investments & Annuities: Not A Deposit | Not Guaranteed By The Bank Or Its Affiliates | Not FDIC Insured | Not Insured By Any Federal Government Agency | May Go Down In Value Insurance Products and Annuities: May be purchased from any agent or company, and the customer’s choice will not affect current or future credit decisions. FTB Advisors is the trade name for wealth management products and services provided by First Tennessee Bank National Association (operating as First Tennessee Bank and Capital Bank) (“FTB”) and its affiliates. Financial planning and trust services provided by FTB. Investment management services, investments and annuities available through FTB Advisors, Inc., member FINRA, SIPC, and a subsidiary of FTB. Arkansas License # 416584. Insurance products available through FTB Advisors Insurance Services, Inc. (”FTBIS”), a subsidiary of FTB. Arkansas License # 247414. In some states, insurance products and annuities are provided by First Horizon Insurance Services, Inc. (“FHIS”), a Tennessee corporation, and a subsidiary of FTB. The principal place of business of FHIS is 165 Madison Ave., Memphis, TN 38103. California License # OD12174. FTBIS, FTB Advisors, Inc., FHIS, and their agents may transact insurance business or offer annuities only in states where they are licensed or where they are exempted or excluded from state insurance licensing requirements. FTB Advisors does not offer tax or legal advice. You should consult your personal tax and/or legal advisor concerning your individual situation. Banking products and services provided by FTB. Member FDIC. ©2018 First Tennessee Bank National Association operating as First Tennessee Bank and Capital Bank.

JOURNAL 6 Journal Journal FEBRUARY/MARCH 2019 | VOLUME 19 | NO. 1

FE ATU R E

Restoring the Presumption of Innocence for Those Without Wealth Dawn Deaner

DEPA R TM E N TS

From the President

Calendar of Events

11 Indigent Representation: A Crucial Piece of the

Laura Smith

Hear Ye, Hear Ye

A Look Ahead Jack Norman, Sr. Award Law Day Lunch Liberty Bell Award NBA Trivia Night YLD Race Judicata

19 Photo Gallery 32 Hearsay 34 100% Club 36

Justice Reform Conversation

Joshua Brand

25 The Criminal Justice System:

Fueling the Never-Ending Cycle of Debt

Philip N. Clark

29 Innovations in Nashvilleâ&#x20AC;&#x2122;s Justice System:

Juvenile Victim-Offender Mediation & RCC

Eleanor Wetzel

CLE Schedule

CO L UMNS

Background Check 13 Bart Pickett Capitol Notes 15 Peggy Sue, the Beagle Hound Gadget of the Month 17 Bill Ramsey & Phillip Hampton

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

JOURNAL JOURNAL FROM THE PRESIDENT What Have You Learned? | Laura Smith Journal One of my favorite things about the Nashville Bar Journal Journal is the opportunity to learn about legal topics

LAURA SMITH, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

CAROLINE HUDSON, Managing Editor LAUREN POOLE, Managing Editor

JILL PRESLEY, Layout/Design/Production

EDITORIAL COMMITTEE JERRY BRIDENBAUGH KIMBERLY FAYE TIM ISHII KELLY FREY ROB MARTIN OLIVIA PARK BART PICKETT MIKE SANDLER KRISTIN THOMAS JONATHAN WARDLE CRAIG WEBB ELEANOR WETZEL NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1050, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN. POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1050, Nashville, TN 37219-2419. No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. All articles, letters, and editorials contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association. For more information, visit NashvilleBar.org/NashvilleBarJournal. The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials to Jill.Presley@ nashvillebar.org to be considered by the editorial committee for publication in a future print or online content. NASHVILLE BAR ASSOCIATION 150 4th Ave N, Ste 1050 Nashville, TN 37219 615-242-9272 | NashvilleBar.org The Nashville Bar Association, established in 1831, is a professional organization serving the legal community of Nashville, Tennessee. The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

outside of my practice area. In the last year, I read about food truck regulations, public access for service animals, liquor laws, and data privacy to name a few. The authors always seem to craft their articles so that the discussions appeal to and educate a varied audience of practitioners. I truly enjoy reading the Journal, and I learn something in each issue. I have been looking forward to the February/March issue for this very reason. In this issue, we will read about the restorative justice movement, the bail system, and the theme of poverty in the criminal justice system. While probably only a few of us practice criminal law, I am intrigued by how relevant these topics are to the issues of the day and to our culture. We have heard Judge Sheila Calloway passionately discuss the juvenile justice system, exploring ways to change the path of young offenders by early intervention. For months, we have followed the story of Officer Delke and the shooting of Daniel Hambrick. Discussions of a Community Oversight Board dominated the news and resulted in a ballot measure establishing such a board. Our new Governor made criminal justice reform one of his key platform issues. We have watched many individuals in our community—and many within our bar—mobilize to advocate for Cyntoia Brown’s clemency. Our profession has been a catalyst for bringing many of these issues to prominence. Many members of our bar—criminal practice lawyers and otherwise—donate their time to nonprofit organizations and endeavors that serve individuals in and coming out of the criminal justice system, as well as those impacted by the criminal justice system. For example, I learned about Project Return from one of our colleagues of the bar. He communicated his passion for reaching out to people in the criminal justice system and positioning them for success after their release from incarceration. A number of my friends are passionate advocates for You Have the Power…Know How to Use It, Inc., a victims’ rights organization dedicated to giving survivors and victims of crime a voice in the system. Also, in late 2018, I had the opportunity to attend the announcement of the RISE Re-Entry Court, an initiative of the United States District Court for the Middle District. RISE aims to reduce recidivism in high-risk individuals coming out of the federal criminal justice system. In addition to the organizations mentioned, there are countless other initiatives and organizations in which lawyers are leading a charge for change and facilitating discussions on topics that matter. I hope that you find the articles within this issue compelling. Further, I hope that—like me—you continue to draw knowledge from the Journal. n Happy reading!

NASHVILLE BAR JOURNAL | FEB/MAR 2019

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Calendar of Events | Full calendar online at NashvilleBar.org/ NashvilleBar.org. FEBRUARY 2019 M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY Friday FUNdamentals | 11:30am

1 NBA Board Meeting | 4:00pm

NBF Steering Committee Mtg | 4:00pm

Diversity Committee Mtg | 12:00pm

Friday FUNdamentals | 11:30am

Dial-A-Lawyer | 6:00-8:00pm

5 LAW Board Meeting | 11:30am

11 PRESIDENTS’ DAY Holiday | NBA Office Closed

Historical Committee Mtg 11:30am | Hal Hardin’s Office

Friday FUNdamentals | 11:30am

YLD Board Mtg | 12:00pm Waller

Diversity Summit Mtg | 12:00pm

NALS Mtg | 12:00pm

Ethics Committee Mtg | 12:00pm

NBF Trustees Mtg | 12:00pm

CLE Committee Mtg | 11:30am

Friday FUNdamentals | 11:30am

TN Paralegal Association | 12:00pm

Memorial Service Committee Mtg 12:00pm

NBJ Editorial Committee Mtg 12:00pm | Neal & Harwell

Davidson County High School Mock Trial Competition 4:00pm | Metro Courthouse

NBF Fellows Dinner Call | 2:00pm

NBA Happy Hour: The Trivia Edition 5:30pm | Sea Salt

MARCH 2019 M O N D AY

T U E S D AY

W E D N E S D AY

T H U R S D AY

F R I D AY Friday FUNdamentals | 11:30am

1 Criminal Law Committee Mtg 11:00am

Dial-A-Lawyer | 6:00-8:00pm

Diversity Committee Mtg | 12:00pm

4 LAW Board Meeting | 11:30am

Friday FUNdamentals | 11:30am

Historical Committee Mtg 11:30am | Hal Hardin’s Office

8 Friday FUNdamentals | 11:30am

YLD Board Mtg | 12:00pm Waller

12 Ethics Committee Mtg | 12:00pm TN Paralegal Association | 12:00pm

NALS Mtg | 12:00pm

Memorial Service Committee Mtg 12:00pm

14 NBA Finance Committee Mtg 4:00pm NBA Executive Committee Mtg 4:45pm

NBF Leadership Forum Steering Committee Mtg | 4:00pm

15 Friday FUNdamentals | 11:30am

22 Friday FUNdamentals | 11:30am

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

29 3

JOURNAL JOURNAL Journal Journal

Hear Ye, Hear Ye |

Events of Interest

2019 NBA BOARD OF DIRECTORS LAURA SMITH, President

LAURA BAKER, President-Elect

JACQUELINE DIXON, First Vice President

WENDY LONGMIRE, Second Vice President SAL HERNANDEZ, Secretary MALAKA WATSON, Treasurer JEFF ALLEN, Assistant Treasurer GULAM ZADE, YLD President LELA HOLLABAUGH, General Counsel ERIN PALMER POLLY, Immediate Past President BRANT PHILLIPS, First Vice President-Elect TRACY KANE, Second Vice President-Elect MICHAEL ABELOW RAQUEL BELLAMY DANIEL BEREXA MARK BEVERIDGE HON. MELISSA BLACKBURN BRIGID CARPENTER SAMUEL FUNK MARY TAYLOR GALLAGHER JEFF GIBSON LYNNE INGRAM MARTESHA JOHNSON RYAN LEVY CHANCELLOR ELLEN HOBBS LYLE LIZ SITGREAVES ERIC SMITH DARKENYA WALLER CHANCELLOR BILL YOUNG STEPHEN ZRALEK

NBA Happy Hour: The Trivia Edition

Join us for our annual Trivia Night Happy Hour on Tuesday, February 26, at Sea Salt in downtown Nashville. Registration is at 5:30pm and the games begin at 6:00pm. We’ll provide food and drinks—compliments of Huseby—and fun times with your attorney friends and colleagues. RSVP in teams of six at NashvilleBar.org/TriviaNight. n

Liberty Bell Award Nominations

Nominations are now being sought for the Liberty Bell Award, which will be presented during the Law Day Luncheon on Friday, May 3, at the Renaissance Nashville Hotel. This award is given to the person or group—not necessarily attorneys or law related groups—who has promoted a better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government. Nominations should be submitted to the NBA Community Relations Committee via Traci. Hollandsworth@nashvillebar.org no later than Friday, March 15. n

NBA TEAM MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator WENDY COZBY, Lawyer Referral Service Coordinator JAN MARGARET CRAIG, CLE Director TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director CHELSEA RAYMER, CLE Coordinator VICKI SHOULDERS, Membership Coordinator, Office Manager

HAVE AN IDEA FOR AN ARTICLE? We want to hear about the topics and issues you think should be covered in the journal. Send your ideas to Jill.Presley@nashvillebar.org.

Jack Norman, Sr. Award Nominations

Nominations are being sought for the Jack Norman, Sr. Award, which will be presented during the NBA Law Day Lunch on Friday, May 3. Nominations and supporting documentation should be emailed to the NBA Criminal Law & Criminal Justice Committee Chair, Joshua Brand, at joshua@joshuabrandlaw.com no later than Friday, March 1. Visit NashvilleBar.org/Awards to learn more. n

NASHVILLE BAR JOURNAL | FEB/MAR 2019

2018 Jack Norman, Sr. Award Winner, Tom Thurman (center), with wife Debbie Thurman (left) and former Mayor of Nashville, Bill Purcell (right).

2019 Law Day Lunch

In celebration of the American Bar Association’s Law Day, the Nashville Bar Association invites you to join us on Friday, May 3, at the Downtown Renaissance Hotel for our annual Law Day lunch. For more information and tickets, visit NashvilleBar.org/LawDay. n ABOUT THIS YEAR’S LAW DAY THEME: In the US and around the world, freedom of speech and the press are among the most important foundations for a free society. Free speech and free press are prominent topics in public discourse and litigation. It is impossible to imagine a free society without these individual liberties, yet historical and current debates surrounding them continually challenge us to consider their boundaries and resilience. Changes in technology have reshaped how free speech and free press work in the everyday world. The 2019 Law Day theme—Free Speech, Free Press, Free Society—focuses on these cornerstones of representative government and calls on us to understand and protect these rights to ensure, as the US Constitution proposes, “the blessings of liberty for ourselves and our posterity.”

A Look Ahead: Mark Your Calendars! Feb 22-23 | YLD Mock Trial Competition @ Metro Courthouse Apr 6 | YLD Race Judicata @ Edwin Warner Park May 3 | Law Day Luncheon @ Renaissance Hotel May 16 | Golf Tournament @ Vanderbilt Legends Club May 22 | YLD Arts Immersion @ Fort Houston May 23 | Spring Memorial Service @ Downtown Presbyterian Church Sep 26 | Annual Free Member Picnic @ Walk of Fame Park Nov 21 | Fall Memorial Service @ Downtown Presbyterian Church Dec 5 | Annual Banquet @ Music City Center

Save the Date: Interdisciplinary Collaborative Divorce Training

Presented in Partnership with the Middle TN Collaborative Alliance June 21-22 | 14.0 CLE Credit

YLD Race Judicata Come out and race for a cause! Show your support on Saturday, April 6, at Edwin Warner Park for the YLD’s Annual LOGICFORCE Race Judicata. Proceeds from the race will benefit two local charities—Able Youth and Achilles International Nashville. Last year the race raised over $22,000! Race options include wheelchair 5K/10K, individual/3-person Team 5K, and individual 10K. The race will begin at 8:30am at Shelter #11 along the Harpeth River Greenway. For more information and to register, visit NashvilleBar.org/ RaceJudicata. n FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Feature Story | Dawn Deaner

NASHVILLE BAR JOURNAL | FEB/MAR 2019

Restoring the Presumption of Innocence for Those Without Wealth “In our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.”1 No one looking inside our nation’s jails today could fairly conclude this is still true. In 2016, 6 of every 10 people in US jails were pretrial detainees—people charged with a crime, and presumed innocent under our Constitution, but held in a cage awaiting trial.2 Why? Most because they did not have enough money to post bail. Bail is the mechanism by which someone accused of a crime secures his or her release from jail pretrial. Its purpose is to manage the risks associated with honoring the presumption of innocence. Those risks are that the accused will flee the jurisdiction and evade prosecution, or commit a crime while awaiting trial. Detaining everyone accused of a crime prior to trial would eliminate those risks—but it would also render meaningless the presumption of innocence. Thus, modern bail statutes are written to strike a balance—to promote pretrial release of an accused into the community, while also mitigating, to a reasonable degree, any associated risks through the use of bail conditions, when appropriate. In Tennessee, all persons arrested for a crime, except capital cases “when the proof is evident, or the presumption great,” have a fundamental constitutional right to bail.3 Bail is typically set immediately after arrest by a magistrate, who can release the person: 1) on her own recognizance (ROR);4 2) on an unsecured financial bail, with or without conditions;5 or 3) upon payment of a secured financial bail, also called money bail.6 By statute, money bail is permissible only if nothing short of that is likely to assure the person’s appearance

in court.7 While that may sound like a high burden, the vast majority of people arrested in Nashville have money bail set. For instance, in 2017, 23,054 people were arrested in Nashville.8 Of those, only 455 (2%) were released ROR (a promise to return to court). Another 2,384 (10% of arrestees) were released at no cost under supervision of the Pre-Trial Release program. For the other 20,215 people, paying bail was their only way out of jail—something 60% of them (12,083) were unable to do. As a result, they stayed in jail until their cases were resolved. The injustice of this wealth-based pretrial detention system—where someone with enough money to pay his or her $5,000 bond gets out of jail, while someone else with the same bond stays in jail because he or she does not have the money—should be obvious. Less obvious is how it leads to even more injustice by rendering freedom from jail a person’s top priority. Being confined to a cage, away from everything familiar to you, with every aspect of your daily life monitored and controlled by someone else (when you shower; what you eat; who you call; where you sleep, etc.), is extremely unpleasant and coercive. Being in jail for just a few days can also have devastating consequences in someone’s life—from falling behind in school or missing needed medical care, to losing a job, an apartment, a car, or even custody of one’s children. For these reasons and more, people in jail want out as soon as possible.9 For someone too poor to make bail, the quickest way out is pleading guilty, even for the innocent. A jury trial will (continued on page 8) (continued on page 00)

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Feature Story | require months, if not years, waiting in jail. Staying in jail for just the few days or weeks it could take to uncover evidence of your innocence does not guarantee your freedom. In this way, a person’s inability to make bail significantly compromises her ability to exercise other constitutional rights, such as the right to a jury trial and the right to effective assistance of counsel. The situation remains grim when someone (guilty or innocent) decides to plead guilty to get out of jail. People who cannot afford bail have little to no leverage in plea bargaining, and are often forced to accept whatever the prosecutor offers.10 National studies document they are three to four times more likely to receive a sentence to jail or prison, and their sentences are two to three times longer.11 Once released from confinement, they can also be saddled with lifelong, sometimes debilitating effects of their criminal conviction, from court cost bills, legalized employment and housing discrimination, disenfranchisement, loss of a license,

Restoring the Presumption of Innocence... (continued from page 7)

and the list goes on. In a nation that upholds the presumption of innocence as “axiomatic and elementary”12 to our administration of criminal justice and foundational to the right to bail,13 and whose architects enshrined the right to equal protection of the laws in our Constitution, how did we create a bail system where the determining factor in whether someone is released or detained pretrial is that person’s wealth? Does someone’s ability to buy their freedom make him or her less “risky”—less likely to flee the jurisdiction or commit a crime pending trial? While proponents of money bail say “yes,” the truth is that there are no studies to date demonstrating that those who pay bail have lower rates of rearrest or failure to appear in court.14 The sad truth is that “we have a system of justice in [the United States] that treats you much better if you’re rich and guilty than if you’re poor and innocent. Wealth, not culpability, shapes outcomes.”15 These words ring true in the pretrial bail context, including in

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Nashville. Fortunately, people with the power to change that are taking action, both inside government and from the outside.16 One organization fighting to equalize the scales of justice for the less fortunate is the Nashville Community Bail Fund (NCBF). The NCBF exists to free people from jail in Nashville who are presumed innocent but cannot afford to pay their bail.17 It operates as a revolving fund, from which cash bails are paid on behalf of people who cannot afford to pay bail. When the case is done, the cash is refunded and used to make the next person’s bail.18 It was founded in 2016 after two Nashville residents— Martin Brown, Sr. and Joan Shayne— were separately moved to action after reading the same article about the injustice of money bail, and how the Brooklyn Community Bail Fund was working to end it.19 They wanted to do the same in Nashville, and found allies amongst some of Nashville’s elected leaders, including Criminal Court Clerk Howard Gentry, Sheriff Daron Hall, all six Davidson County Criminal Court Judges, and myself, as the Public Defender at this time., who all understood the unfairness of being jailed simply for not having a few hundred dollars.20 These leaders also understood that tax dollars spent keeping people in jail who did not need to be there could be better spent elsewhere. The NCBF has made a significant difference for the more than 500 people it has freed so far. Its goal, however, is to be part of ending the unconstitutional practice of wealth-based detention in Nashville. In 2017, Civil Right Corps, a non-profit organization that

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NASHVILLE BAR JOURNAL | FEB/MAR 2019

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FOLLOW. LIKE. SHARE. TWEET. WATCH.

CAN YOU NAME THESE PEOPLE?

Be the first person to email the correct answer to Jill.Presley@nashvillebar.org, and your name—along with the correct answer—will appear in the next issue.

DEC/JAN GOLDEN OLDIES

No one was able to correctly identify the individuals in the December/January photo. From left to right: Jim Doran, Jack Butler, Steve Cox, Larry Estes, Dulin Kelly, John Rogers, and Roger May.

2018 NBA Board of Directors

NASHVILLE BAR JOURNAL | FEB/MAR 2019

Editorial |

Joshua Brand

Indigent Representation: A Crucial Piece of the Justice Reform Conversation Across the country, communities and politicians have shown an increased interest in criminal justice reform. The “First Step Act” passed by the Senate is a bill aimed at reducing the federal prison population, providing increased rehabilitation opportunities, and diminishing sentencing disparities. Governor Bill Lee has pledged to make criminal justice reform a priority in Tennessee, though it is not clear where he plans to focus those efforts. In Nashville, the recently established Community Oversight Board hopes to provide an opportunity to increase citizen involvement in policing policy. The justice reform conversation, however, cannot forget the need to bolster access and resources for indigent representation. Daily, lawyers confront the ground floor of the justice system. We may not garner the media attention of sweeping political reforms, but the attorneys fighting for all accused persons provide an essential check-and-balance to ensure the system operates smoothly and fairly. This check-and-balance is especially important for individuals who cannot afford the cost of skilled counsel. For the system to function properly, to prevent wrongful convictions, to adequately test cases,

and to respect the rights of all people, sufficient resources must be allocated to encourage competent counsel to handle indigent representation cases. In October 2015, the state supreme court established a “Blue Ribbon” Indigent Representation Task Force to study whether Tennessee was adequately meeting the needs of its citizens whose rights and liberties are at stake when the government intervenes in their lives. After an extensive effort, the Task Force concluded what many criminal justice practitioners already knew: the indigent representation system in Tennessee drastically needed improvement. Pay structures, including the rate of pay, caps on payment, and lack of “interim” billing make it difficult to dedicate the time and energy necessary for this difficult work. Significant consideration also was given to the public defender system, access to experts (including investigators), and efficiencies within the system. The Task Force’s fascinating 200-page report is available on the Administrative Office of the Courts website, TNcourts.gov. (continued on page 12)

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Editorial |

Indigent Representation (continued from page 11)

The most significant aspect of this report is the recommendation that the pay for court-appointed cases should increase from the abysmally low $40 per hour (which was set in 1994) to between $75 and $125 per hour—make it align more with federal pay (which also provides for interim billing and no caps). A concurrent recommendation was made to eliminate payment caps. As it stands, an attorney representing someone charged with a crime is limited to the number of hours worked, depending on the seriousness of the crime. This limitation creates motivation to settle, or minimizes the investigation or litigation performed. Interim billing, where bills could be submitted on a regular basis instead of at the end of the case, also was recommended. These changes would make Tennessee’s system more in alignment with the federal court appointed pay and would help attorneys taking indigent representation cases maintain their practices since serious cases drag on for months…and sometimes years.

Shortly after the report issued, the state supreme court justices suggested they would consider a new rate of $65 per hour—less than the minimum suggested by the Task Force. In July of 2018, the Court formally revised Supreme Court Rule 13, providing a rate increase from $40 to $50 per house with minimal cap increases but no interim billing. No explanation—other than budgetary concerns—was provided. The current rates, even with the marginal change, are woefully inadequate for competent attorneys to maintain their practices while handling court-appointed cases. If competent practitioners are unable or unwilling to take court-appointed cases, the entire justice system is weakened. Courts slow when inexperienced attorneys handle serious matters, and there is an increase in post-conviction petitions with legitimate claims for ineffective assistance of counsel. Sometimes, the sheer ability to find enough attorneys to handle the number of cas-

es threatens to grind the system to a halt. In Davidson County, a huge need exists for attorneys to handle serious felonies. While justice reform is at the center of our cultural conversation, we must not lose sight of the importance of adequately funding indigent representation. As attorneys, we are in a wonderful position to make efforts towards improving the justice system. It is essential that the availability of indigent representation continue as an urgent issue for our community, and the Bar continue to pressure the Supreme Court and the legislature to provide resources immediately, instead of waiting another 20 years. n JOSHUA L. BRAND is a solo practitioner in downtown Nashville. He handles criminal, family, and civil litigation matters, and currently is chair of the NBA Criminal Justice Committee. While he enjoys the courtroom, he would probably rather be playing the banjo.

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NASHVILLE BAR JOURNAL | FEB/MAR 2019

BACKGROUND CHECK

Martesha Johnson | Bart Pickett

One of Nashville’s most respected and underfunded positions recently gained a new leader. After spending her entire legal career at the Public Defender’s office, Martesha Johnson took over the reins as Metro’s top Public Defender. Born and raised in Nashville, Martesha graduated from Whites Creek High School in 2001 and Tennessee State University in 2005. After graduating from TSU, Martesha headed to Knoxville for law school (she already knew she was interested in criminal law)—and describes herself as inherently nosey with a need to investigate issues. She even chose the Advocacy and Dispute Resolution track at UT to sharpen her advocacy skills. Following her second year at UT Law, Martesha took an internship at the Metro Public Defender’s office. There, she was assigned to criminal court for the summer. She recalls her first assignment as finding appropriate courtroom attire for an indigent client to wear during the trial. Martesha graduated from UT Law in 2008—the year of the nationwide “Great Recession.” Metro Nashville was not immune to the effects of the recession and was forced to place a hiring freeze on new employment. Without a paid offer

from Metro, Martesha volunteered at the Public Defender’s office. She figured if they saw her there every day, eventually they would have to hire her. While volunteering there, Martesha took a job at a local department store to pay her bills. After volunteering for five months, the Public Defender’s office offered Martesha a paid position. She began with an assignment in General Sessions court, however, her next assignment led her to criminal court practicing before now retired Judge J. Randall Wyatt. Martesha stayed in Judge Wyatt’s court for six years and eventually became the team lead. Following Judge Wyatt’s retirement, she continued in Judge Norman’s court. She spent a total of nine years as an assistant public defender. Martesha never imagined running for public office. A couple of years ago she began to wonder if she was really helping her clients the most by her daily courtroom advocacy or if she should seek more of a leadership role. When a position for General Sessions judge became available in 2017, Martesha threw her hat in the ring. While she ultimately did not get the appointment, many people saw her passion and encouraged her to continue to seek public office. In 2018, when Dawn Deaner—a 20-year veteran Public Defender—announced that she would not seek re-election, Martesha knew this was where she was meant to be. She ran unopposed in both the primary and general elections and on September 1, Martesha became Metro Nashville’s first African American to hold the position of Public Defender. Martesha says the change in title translates to a large difference in her duties. Whereas before she advocated in the courtroom daily, now her prima-

ry responsibility is administrative. She misses the courtroom but loves the opportunities she has now. She supervises a staff of 80 dedicated public servants, 45 of which are attorneys who serve in General Sessions, Criminal Court, and Juvenile Court. Martesha is quick to say while that seems like a lot of attorneys, they still need more to serve the indigent population. In one year, the office handled over 16,000 open cases. Outside of the PD’s office, Martesha remains active with the Nashville Bar Association, and is a graduate of the Nashville Bar Foundation Leadership Forum. This year she begins a term on the NBA Board of Directors and will be inducted as a NBF Fellow. She is also an active member of Alpha Kappa Alpha Sorority, Incorporated. Martesha is also a dedicated mom to her eight-year old daughter, Jacari. She notes Jacari’s social calendar is busier than hers. They live in Antioch and attend Temple Baptist Church. Martesha’s personal hobbies range from singing to working out. She loves travelling but with her demanding schedule, vacation is long overdue. In planning to run in the next election in 2022, she’s not quite ready to kick up her feet and relax just yet. n BART PICKETT is an attorney at the Law Offices of Julie Bhattacharya Peak where he represents Liberty Mutual Group, Inc.’s insureds and customers of its affiliated groups in litigation throughout Middle Tennessee. Prior to practicing, Pickett worked as a law clerk for the Honorable Judge Thomas W. Brothers of the Sixth Circuit Court of Davidson County and the Honorable Joseph P. Binkley, Jr. of the Fifth Circuit Court of Davidson County.

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Feature Story | has successfully filed lawsuits across the country challenging the use of money bail to detain poor arrestees prior to trial, put the city of Nashville on notice that its bail-setting practices violate due process and equal protection guarantees. Since then, the city has taken steps to mitigate the issue, but not to end it. On December 30, 2018, 819 people who had not been convicted of any crime were caged in Nashville’s jails on money bail—100 of them on bails of $5,000 or less.21 For residents of Nashville, particularly for lawyers, this should be unacceptable. If equal justice means anything, it should mean how much money you have does not determine whether you sit in jail. As lawyers, we can help bail reform advocates in Nashville find the way to honor the presumption of innocence equally, for everyone, regardless of their wealth. n Endnotes United States v. Salerno, 481 U.S. 739, 755 (1987).

Zhen Zeng, Jail Inmates in 2016 (NCJ 251210), Bureau of Justice Statistics (Feb. 2018). 2

3 Tenn. Const. art. I, § 15. See also State v. Burgins, 464 S.W.3d 298, 307 (Tenn. 2015) (“The right to bail is explicitly afforded by the Tennessee Constitution[.]”). 4

Tenn. Code Ann. § 40-11-115.

Id.

Id for Tenn. Code Ann. § 40-11-118. Financial bails can be made in one of three ways. Cash bails require placing the full bail amount on deposit with the Court Clerk, to be returned (minus costs due) when the case is resolved. Property bonds allow someone with equity in real property to use the property as collateral for the bail. Surety bonds, which are by far most common, allow someone to be released upon payment of a non-refundable fee equaling 10% of the total bail to a bail bondsman, who in exchange guarantees the person’s return to court. 6

Id. § 40-11-117. See also David Raybin, Tennessee Practice and Procedure, § 4.1 (2008) (“Only if all of these alternatives are found to be inadequate should a bail security be required[.]”) (emphasis in original).

Davidson County Bond Information: Misdemeanor and Felony Warrants Filed in 2017, Metropolitan Gov. Nashville & Davidson Cnty., Crim. Justice Planning (May 14, 2018).

Restoring the Presumption of Innocence... (continued from page 8)

Coffin v. United States, 156 U.S. 432, 453 (1895).

See Stack v. Boyle, 342 U.S. 1, 4 (1951).

See Fundamentals of Bail: A Resource Guide for Pretrial Practitioners & a Framework for American Pretrial Reform 12, Nat’l Inst. Corrs. (Nov. 2014). 14

Bryan Stevenson, author of Just Mercy and founder of the Equal Justice Initiative.

In 2016, Nashville’s District Attorney, Public Defender, Sheriff, and General Session Court began working under a state grant to develop a validated pretrial risk assessment tool. These tools are controversial due to the potential for race, gender, class biases, and for misapplication. Still, they usually result in more people being successfully released from jail pretrial. Nashville’s new tool, and revised pretrial release eligibility criteria, were implemented in April 2018, and their efficacy is still being assessed.

For more information, see the NCBF website, NashvilleBailFund. org.

For more about the NCBF and its creation, see Adam Tamburin, Why One Nashville Woman Works Day and Night to Get Low-Income Residents Out of Jail, The Tennessean (Feb. 9, 2018). 18

Nick Pinto, The Bail Trap, N.Y. Times Mag. (Aug. 13, 2015).

The NCBF pays bonds of $5,000 or less, which means the people they free could have freed themselves if they had $500 or less.

Jail and Bond Information for Inmates 12/24/2018 through 12/30/2018, Metro. Gov. Nashville & Davidson Cnty., Crim. Justice Planning (Jan. 2, 2019).

DAWN DEANER is the Executive Director of the Choosing Justice Initiative (CJI), a non-profit law firm that works to end wealthbased disparities in Nashville’s criminal legal system through education, advocacy and direct legal representation. Before launching CJI in November 2018, Dawn was Nashville’s Public Defender for 10 years, and an Assistant Public Defender for 11 years before that. She received her undergraduate degree from Columbia College, and her law degree from George Washington University Law School.

For information about the Three Days Count campaign, and how three days in jail can permanently impact someone’s life, see 3DaysCount for State-Level Change, Pretrial Justice Inst. (2018). 10

Vice President Private Client Relationship Manager (615) 734-6186 • hahicks@ftb.com

to focus on all other legal matters. Learn more at iplawgroup.com.

HERMAN HICKS

See Emily Yoffe, Innocence is Irrelevant, The Atlantic (Sept. 2017).

Christopher T. Lowenkamp, Marie VanNostrand, & Alexander Holsinger, Investigating the Impact of Pretrial Detention on Sentencing Outcomes, Laura & John Arnold Found. (Nov. 2013).

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LEGISLATIVE COLUMN

Capitol Notes | Peggy Sue, the Beagle Hound appointments at the conclusion of the organizational session on January 19. 2019 also finds Tennessee with a new Governor. Bill Lee was inaugurated as the State’s 50th Governor on Saturday, January 19. Governor Lee ran a masterful primary campaign in a crowded field, and he then coasted to victory in the general election. He has shown interest in criminal justice reform, vocational education, and to a certain extent, school vouchers.

—Working harder than a three-legged dog trying to bury a bone in a frozen field. Tennessee Transition Time When the 111th General Assembly convened in Nashville on the second Tuesday in January, both the House of Representatives and the Senate faced new beginnings in more ways than one. The House will see a new leadership team in charge. Glen Casada of Williamson County—who has served in the House for 18 years—is the new House Speaker with the retirement of former Speaker and 30-year House veteran Beth Harwell. William Lamberth of Sumner County is the new House Majority Leader. Representative Lamberth’s new role will find him largely responsible for shepherding the legislative package of Governor Bill Lee through the House. Cameron Sexton of Cumberland County is the new Majority Caucus Leader, and his new role will find him in a more partisan position leading the 73 members of the House Republican Caucus. Bill Dunn of Knox County is the new House Speaker Pro

Tem, which permits him to preside over House floor sessions at the request of Speaker Casada and also to vote in any subcommittee or committee that he chooses. Speaking of committees, Speaker Casada will announce those appointments by the conclusion of the organizational session. In the Senate, Randy McNally of Anderson County continues to serve as Speaker and Lieutenant Governor. His 38 years of legislative experience make him Tennessee’s most experienced legislator, and he is comfortable in that role. Speaker McNally has a new leadership team in place as Jack Johnson of Williamson County and Ken Yager of Roane County are Senate Majority Leader and Senate Majority Caucus Leader. The rise of Johnson and Yager will give Speaker McNally two new committee chair positions to fill for the Senate Commerce and Labor Committee and the State and Local Government Committee. Senator Bo Watson of Hamilton County is expected to continue in his role as Senate Finance Committee Chair. Speaker McNally also announced his committee

A Few Democrats In 2019, the 111th General Assembly’s partisan splits are basically unchanged, and Democrats will continue in their role as the minority. House Republicans outnumber Democrats 73 to 26, which represents a one seat gain for the House Democratic Caucus. The House may suspend its rules with 66 votes, so the House Republican Caucus will continue to lead the House. Karen Camper of Shelby County is the new House Democratic Leader, and Nashville lawyer Mike Stewart continues in his role as Democratic Caucus Chair. Senate Republicans continue to outnumber Democrats 28 to 5. Jeff Yarbro—also of Nashville—serves as Senate Democratic Leader, and Raumesh Akbari of Shelby County serves as Democratic Caucus Chair. The Senate may suspend its rules with 22 votes, so the Senate Republican Caucus will continue to lead the Senate. Special Elections Metro Nashville will have a special election on February 12 to fill the vacancy in Council District 29 created by the election of Karen Johnson as Da(continued on page 18)

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

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BILL & PHIL’S GADGET OF THE MONTH

Consumer Electronics Show 2019 | Bill Ramsey & Phillip Hampton

As we write, we are about 30,000 feet above the Grand Canyon. That’s right, we are returning from our annual trek out to Las Vegas for the biggest technology show in the world, the Consumer Electronics Show (CES). CES is a trade show put on by the Consumer Technology Association that brings together the top names in technology from around the world, as well as exciting new start-ups that few have even heard about…yet. The show takes over the Las Vegas Convention Center and much of the strip—as geeks like us converge in the desert to ooh and ahh over bleeding-edge technology that is trying to break into the mainstream. The scope of this show is so massive that it is impossible to see everything, even if you stay for all four days of the mega event. This year’s show had over 180,000 in attendance and over 4,400 companies exhibiting in 2.7 million net square feet of exhibit space. We packed our tennis shoes, extra vitamins, and Advil and plunged into the sea of geeks. If we had to sum up our overall impressions from the show after countless hours on the exhibit floor and thousands of steps on our Fitbit watches, we would say that the following technologies look to be the most exciting, promising, and impactful for the future: 5G, autonomous driving vehicles, Artificial Intelligence (AI) and

robotics, flexible screens and TVs, gaming (we are not interested), and a massive proliferation of smart devices (most powered by Alexa) for everyday use. 5G is the buzzword du jour at CES and everywhere else in tech world these days. So, what is 5G? Well, if you have heard of 4G (which is probably what your smartphone is operating on right now), 5G is about 10-20 times faster. 5G stands for “fifth generation wireless” and represents a new standard for sending and receiving data over cellular networks. All the major cellular carriers are building out their 5G networks in 2019, and consumers are already beginning to see a few 5G-compatible smartphones being advertised. (Unfortunately, your shiny new iPhone XS, and other new phones you may have purchased recently, will not be compatible with the new 5G network when it comes online.) So, leaving the technical details behind, what does 5G mean for consumers? Industry leaders tell us that, with its greatly increased transmission speeds and low latency, 5G communication will enable users to download a full-length HD movie in mere seconds; enable doctors to perform remote surgeries; and finally make self-driving cars a reality. One can only imagine other applications that will explode as 5G moves into the mainstream in 2019 and 2020. Autonomous, or self-driving, cars continue to dominate the automotive section of CES. We believe this technology is moving closer and closer to reality and that 5G will speed its acceptance into the mainstream. Most of the big car companies that exhibited at

CES showed us fancy, sleek, concept cars of the future that are built not for driving but for spacious comfort, to act as mobile offices, and even entertainment venues. Moreover, we were amazed at the vision for flying taxis that we saw as we toured Bell Helicopter’s air taxi, the Bell Nexus. We are told that Uber is partnering with Bell to design a flying taxi service that will be operational by 2023. Jetsons, here we come. We jokingly remark that we are pioneers in the field of “artificial intelligence” as we have been “artificially intelligent” for years. (That is, our intelligence is only artificial.) But AI is no joke and is making a mark in all kinds of consumer products from cars to shoes. We saw smart suitcases that “magically” follow their owners and crowd detection camera systems that analyzed our faces in a huge crowd and deduced certain personal characteristics such as gender, age, and weight. We saw robot butlers that can converse with a hotel guest as effortlessly as a human (or maybe more so) and smart walkers that use AI and technology to enable seniors to live more independent lives. The TVs we see at CES always make us drool. This year’s array was no different, as the major TV manufacturers showcased their massive 8K displays that looked so realistic you wanted to just walk into the scene they were displaying on the screen. But probably the most impressive TV we saw was LG’s 65-inch OLED roll-up TV. That’s right—this flexible TV rolls up completely out of sight in its base when not in use. It magically rises from the base when turned on and is wafer (continued on page 18)

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Gadget of the Month | thin. This amazing TV like none we’ve ever seen before will be coming to retail shelves sometime in mid-2019, we’re told. What makes CES so exciting for us is seeing the explosion of new consumer products that take advantage of advancing technology to improve our daily lives in and out of the office. One of the most enjoyable sections of the show is an area known as Eureka Park where startup companies from around the world display their brand-new tech products trying to gain consumer acceptance. Here we saw devices in every category imaginable. There was a “smart backpack” that charged your phone, acted as a global MiFi, had a rear-facing camera, a GPS-location tracker, and much more.

Capitol Notes | vidson County Register of Deeds. Candidates are Nick La Mattina, Constance Smith-Burwell, Delishia Porterfield, and Vicky Tataryn. The victor of the February 12 election will have the opportunity to seek a full four-year term in the regular August election. While the election dates are not yet set, Middle Tennessee will also have a special election this Spring for Senate District 22, composed of Houston, Montgomery, and Stewart counties. The vacancy was created by the resignation of Former-State Senator Mark Green who was sworn in as the US Congressman for Tennessee’s 7th Congressional District on January 3. Checklist for February & March 18

Consumer Electronics Show (continued from page 17)

There was a smart desk that connected everything with only one cable, had three monitors, and a computer could be controlled simply by hand gestures. There were drones for every imaginable application, turntables that connected to speakers wirelessly, a plethora of gadgets for pet care, health-monitoring devices designed specifically for the elderly…the list goes on. Some of the items were so outrageous they made us laugh. Others made us want to buy the prototype immediately. In our opinion, CES 2019 introduced and showcased more innovative and creative inventions than those on display in years at the annual geek-fest. We were impressed and excited, and look forward to discussing some of the items we saw

in future articles. See you next month. n

Peggy Sue, the Beagle Hound (continued from page 15) 1. Congratulate your state legislative officials on their election. The three new members of the Davidson County delegation are Vincent Dixie, Bob Freeman, and Jason Potts. 2. If you live in either of the two affected districts with special elections, be sure to go vote. Turnout tends to be low in these special elections. 3. Send a personal note of thanks to former House Speaker Beth Harwell of Nashville. Her 30 years of State House service concluded on Tuesday, January 8. The legal community will miss her stabilizing influence over the often rambunctious House. 4. Mark your calendar to attend the NBA’s Trivia Night Happy Hour on Tuesday, February 26, at Sea Salt on 3rd Av-

NASHVILLE BAR JOURNAL | FEB/MAR 2019

enue downtown. A Lyft discount code is available. You may register your team of six at NashvilleBar.org/TriviaNight. Calendar Notes State and NBA offices are closed on Monday, February 18, for the Presidents’ Day holiday. March 18, 2019 is the first day a candidate may pick up a petition to qualify as a candidate for the August 1, Metropolitan General Election. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

NBA is your source for cutting edge, quality continuing legal education. We provide more than 600 hours of live and distance learning programming while offering our members discounted rates. For a complete calendar, full seminar agendas, and registration, visit NashvilleBar.org/CLE. T HURS DAY, FEBRUARY 1 4 | LIVE SE M I N A R

TH U R S D AY, FE B R U A RY 28 | LI V E SEMIN A R

PRENUPTIALS & POSTNUPTIALS

LUNCH WITH CHANCELLOR ELLEN HOBBS LYLE

They Are Like a Box of Chocolates; You Never Quite Know What You Are Going to Get OVERVIEW Whether viewed as “planning for divorce” or “planning for marriage,” with the increased number of blended families (roughly half of all families are “blended”), prenuptial and postnuptial agreements are a necessary (and needed) part of “planning.” This seminar will discuss statutory foundation, necessary components of such agreements, case law, how best to address these issues with your clients, and more. The program is intended to be suitable for estate planners, matrimonial attorneys, financial advisers, and allied professionals. You will learn that those agreements are like a box of chocolates—you never quite know what you are going to get!

OVERVIEW The second Lunch with the Judges CLE features the Honorable Ellen Hobbs Lyle. Join Chancellor Lyle as she addresses issues, tips, and insights related to practice in Davidson County Chancery Court. The NBA will provide a pizza and salad lunch at 11:30am. From 12:00 to 1:00pm, there will be an hour-long CLE related to courtroom practice with opportunity for questions. PRESENTER Hon. Ellen Hobbs Lyle, Chancellor

PRESENTERS Irwin Kuhn, Venick Kuhn Byassee Austin & Rosen, PLLC Michael D. Sontag, Bass, Berry & Sims PLC D E TA I L S

D E TA I L S

Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

COST

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59

For registration after February 12, add a $10 late fee.

For registration after February 26, add a $10 late fee.

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

MONDAY, MA RCH 4 | LIVE SEMINAR

TU E S D AY, M A R C H 26 | LI V E S E M I N A R

LETHAL INJECTION & EXECUTIVE CLEMENCY

ETHICS & PROFESSIONALISM CLE VIDEO REPLAY

OVERVIEW Join us for the first Criminal Law and Criminal Justice Committee meeting of the year! All are welcome—members and non-members. Lunch will be served before a presentation on lethal injunction and executive clemency. The meeting is free, with a fee for those seeking CLE credit. Following the CLE, we will discuss nominees for the Jack Norman, Sr. Award (see page four for more information). The first session is Update on Local and National Challenges To Lethal Injection and Other Methods of Execution. The US Supreme Court is taking up the issue of lethal injection this term in Bucklew v. Precythe, No. 17-8151. Learn about the evolution of challenges to methods of execution in Tennessee, as well as nationwide trends in the area. The second session is A Review of Clemency in the Federal and Tennessee Systems. Hon. Kevin Sharp and Ben Raybin will discuss the formal process for seeking clemency of federal and state convictions, as well as what happens both behind the scenes and in front of the cameras.

Earn Up to 7 Hours of Dual Credit in One Day! OVERVIEW At this CLE Replay, we will broadcast CLE seminars all day at the NBA. Come for as long or as little as you need! Highlights include:

• Each CLE hour is dual credit • Live CLE credits • No late fee • Pay as you watch • Wi-Fi available • Online materials • Coffee and snacks provided AGENDA 9:00 – 10:00am | Ethical Issues for the Mediator and the Mediated 10:00 – 11:00am | Fighting to stay in the USA: One immigrant’s struggle before the US Supreme Court

PRESENTERS

11:15am – 12:15pm | Top 10 Questions Received by the Tennessee Board of Professional Responsibility

Hon. Kevin Sharp, Sanford Heisler Sharp, LLP

12:15 – 1:15pm | The Cure for Procrastination

Kelley Henry, Chief of the Capital Habeas Unit Federal Public Defender’s Office

1:30 – 2:30pm | Ethics, Social Media & YOU!

Amy Harwell, Assistant Chief of the Capital Habeas Unit Federal Public Defender’s Office

3:45 – 4:45pm | Moving Your Practice Into the Cloud

Ben Raybin, Raybin & Weissman, PC

2:30 – 3:30pm | Apps for Attorneys

D E TA I L S

Details are available online at NashvilleBar.org/CLEReplay.

Registration & Lunch. . . . . . . . . . . . . . . . . . . . 11:00 – 11:30am

Seminars will be held all day from 9:00am – 4:45pm.

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:45pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.25 General

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

COST

NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . $45/CLE Hour

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89

NASHVILLE BAR JOURNAL | FEB/MAR 2019

Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . $89/CLE Hour

T HURS DAY, MARCH 2 8 | LIVE SEMI N A R

M ON D AY, A P R I L 8 | LI V E S E M IN A R

LUNCH WITH HON. JOSEPH P. BINKLEY, JR.

THE ABA’S ROLE IN THE REVIEW AND INVESTIGATION OF JUDGES NOMINATED TO SERVE ON THE FEDERAL BENCH

OVERVIEW The third Lunch with the Judges CLE features Judge Joseph P. Binkley, Jr. Join Judge Binkley as he addresses issues, tips, and insights related to practice in Davidson County Circuit Court. The NBA will provide a pizza and salad lunch at 11:30am. From 12:00 to 1:00pm, there will be an hour-long CLE related to courtroom practice with opportunity for questions. PRESENTER

OVERVIEW The American Bar Association has conducted independent peer evaluations of the qualifications of nominees to the federal bench for over 60 years. The evaluations are based on an assessment of each nominee’s professional background and input from lawyers and judges, and culminate in a rating that is forwarded to the US Senate.

Hon. Joseph P. Binkley, Jr., Circuit Court Judge

D E TA I L S Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm

Doug Minor, a current member of the ABA’s Standing Committee for the Federal Judiciary, will host a discussion by John Tarpley, a former member who led the Committee’s evaluation of (then) Judge Brett Kavanaugh in 2018. John will share insights regarding the committee and his work on the Kavanaugh nomination.

Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm

PRESENTERS

Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General

J. Douglas Minor, Jr., Bradley

Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association

John R. Tarpley, Lewis Thomason

COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59 For registration after March 26, add a $10 late fee.

D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:00pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.0 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST NBA Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45 Non-Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89 For registration after April 4, add a $10 late fee.

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

MONDAY, APRIL 1 5 | LIVE SEMINAR

TU E S D AY, A P R I L 16 | LI V E S E M I N A R

BALLOTS AND BULLETS

THE NIXON COURT

Black Power Politics and Urban Guerrilla Warfare in 1968 Cleveland OVERVIEW Presented by the Nashville Bar & Napier-Looby Bar Associations Attorney and author James Robenalt will discuss his book— Ballots and Bullets: Black Power Politics and Urban Guerrilla Warfare in 1968 Cleveland—and race violence in America, continuing issues with police, and implicit bias. All are welcome. The event is free, with a fee for those seeking CLE credit. A complimentary lunch and parking validation will be provided by our host.

OVERVIEW Featuring John Dean & James Robenalt We are excited to welcome John Dean and James Robenalt back to Nashville to present their three-hour ethics CLE, The Nixon Court. This seminar explores Nixon’s appointments to the Supreme Court—Justices Burger, Blackmun, Powell, and Rehnquist— along with a behind-the-scenes look at the decision in Roe v. Wade. PRESENTERS John Dean James Robenalt D E TA I L S Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 – 9:30am Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30am – 12:45pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 Dual Location. . . . . . . . . . . . . . . . . . . . . . Montgomery Bell Academy COST

PRESENTER James Robenalt Author of Ballots and Bullets Partner, Thompson Hine D E TA I L S Registration & Lunch. . . . . . . . . . . . . . . . . 11:30am – 12:00pm Seminar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12:00 – 1:30pm Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.5 General Location. . . . . . . . . . . . . . . . . . . . . . . Nashville Bar Association COST CLE Credit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 Attendance Only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FREE

NASHVILLE BAR JOURNAL | FEB/MAR 2019

NBA Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $149 Non-Members* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $249 For registration after April 1, add a $25 late fee. *Registration opens to Non-Members on March 16. SPONSORS

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Show Me the Ethics! The Ethycal Way to Bill for Legal Services February 12, 12:00 – 1:00pm

1.0 Dual

Lawyers Gone Wild The Ethical Dangers of Compulsive Behavior February 19, 12:00 – 1:00pm

1.0 Dual

The 2019 Ethy Awards February 23, 9:00 – 11:00am

2.0 Dual

Nice Lawyers Finish First February 26, 1:00 – 2:00pm

1.0 Dual

Thou Shalt Not Lie, Cheat & Steal The Ten Commandments of Legal Ethics February 28, 12:00 – 1:00pm

1.0 Dual

Loose Lips Sink Partnerships (and Clients Too) The Ethical Way to Honor Client Confidentiality February 28, 4:30 – 5:30pm

1.0 Dual

Attorney, Heal Thyself The Detection, Treatment and Prevention of Substance Abuse February 28, 5:45 – 6:45pm 1.0 Dual Don’t Be an Outlaw The Ethycal Imperative to Follow the Law February 28, 7:00 – 8:00pm

1.0 Dual

Lies, Damn Lies & Legal Marketing The Ethics of Legal Marketing March 6, 12:00 – 1:00pm

1.0 Dual

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

P L I LIVE WEBCASTS Liv e CL E Cred i t f r om Innov a t iv e We bc ast s

P LI LI V E WE B C A S TS Li ve C LE C redi t f rom I nnovat i ve Web c a s ts Ethics for Corporate Lawyers: Multijurisdictional Practice and Other Current Issues March 13, 2:00 – 4:10pm 2.0 Dual

PLI and the NBA provide sophisticated programs to Tennessee attorneys through live webcasts held at the NBA Conference Center. Attendees will earn live CLE credit. Registration is FREE for PLI’s Privileged members. Visit NashvilleBar.org/ CLE for course details and to register. OFCCP & Government Contractors: Critical Issues for Government Contractors, Counsel & Compliance Staff February 11, 12:00 – 4:00pm 3.5 General Ethics for Commercial Litigators February 21, 8:00 – 10:10am

2.0 Dual

Complimentary breakfast included.

Advising Nonprofit Organizations February 21, 8:00am – 4:00pm

6.25 General

Complimentary breakfast included.

Artificial Intelligence Law February 22, 8:00am – 4:00pm

1.01 Dual | 5.0 General

Counseling Clients in the Entertainment Industry: Sound Recordings & Music Publishing February 26, 8:00am – 4:00pm 6.0 General Complimentary breakfast included.

2.0 Dual

Corporate Governance: A Master Class March 8, 8:00am – 4:00pm 1.0 Dual | 5.0 General Complimentary breakfast included.

Cool Compensation Considerations for the Private Company: Pay, Performance, and Perspectives March 11, 11:30am – 4:30pm 4.5 General

NASHVILLE BAR JOURNAL | FEB/MAR 2019

1.0 General

Complimentary breakfast included.

Ethics in Social Media March 15, 8:00 – 11:30am

3.0 Dual

Complimentary breakfast included.

How to Read Financial Statements March 29, 12:30 – 4:15pm

3.25 General

Fiduciary Investment Advice April 2, 12:30 – 4:00pm

3.0 General

Psychological Issues in the Workplace April 3, 12:00 – 4:00pm

3.5 General

Understanding Employment Law April 15, 8:00 – 4:15am

Complimentary breakfast included.

Ethics for Government Lawyers February 28, 1:00 – 3:15pm

All Star Business Development for Lawyers March 14, 8:00 – 11:45am

1.0 Dual | 5.5 General

Complimentary breakfast included.

How to Prepare an Initial Public Offering April 30, 8:00am – 4:00pm

6.25 General

Complimentary breakfast included.

Appellate Advocacy April 30, 11:45am – 4:00pm

3.75 General

Patent Eligibility, Prior Art and Obviousness Current Trends in Sections 101, 102, and 103 May 13, 8:00am – 4:00pm 6.0 General Complimentary breakfast included.

Understanding Patent Law May 22, 8:00am – 4:00pm Complimentary breakfast included.

6.0 General

Editorial |

Philip N. Clark

The Criminal Justice System: Fueling the Never-Ending Cycle of Debt It is better to be rich and guilty in the United States than poor and innocent? This question is asked time and time again. The US is a global economic leader, yet we have one of the largest gaps between the rich and the poor. The 2016 Census estimated that 40 million Americans live in poverty, 18.5 million in extreme poverty, and astonishingly, over 5 million live in abject third world poverty.1 Most of us have never experienced true poverty, and unless you have traveled to a third world country, most have never witnessed it firsthand. Philip Alston, the United Nations Special Rapporteur, stated, “The criminal justice system is effectively a system for keeping the poor in poverty while generating revenue.”2 In his report, Alston notes the fines and fees placed on the poor charged with low-level infractions, as well as harsh collection tactics, often keep people trapped in devastating poverty. He mentions the common practice of suspending a driver’s license when someone fails to pay their criminal justice debt, which frequently occurs in communities that have failed to provide an adequate public transportation system.3 Consequently, the suspension of a driver’s license creates obvious obstacles to obtaining and maintaining employment, making it nearly impossible for the

poor to pay their fines and fees. Recently, Judge Aleta Trauger ruled the state cannot suspend a person’s driver’s license for failure to pay fines or costs associated with traffic violations unless afforded the opportunity to demonstrate their inability to pay due to indigence.4 Judge Trauger also took judicial notice of the importance of driving in Tennessee—a first and very important step in equalizing justice for all Tennesseans, not just those who can afford it.5 This equalization is paramount because unequal justice erodes basic human rights. Unfortunately, there are still numerous ways the criminal justice system fails the poor. For example, a defendant enters the criminal justice system for simple possession of marijuana, a minor misdemeanor. This “simple” charge can easily begin a cycle of financial failure that leads to eventual homelessness. If a physical arrest is made, many defendants cannot afford to post a cash bond, even with the assistance of a bail bond service. The defendant will more likely than not, be assigned a court appointed attorney, either from the Office of the Pub(continued on page 26)

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Editorial |

The Cost of Justice (continued from page 25)

lic Defender or the local Bar.These attorneys are overworked and underpaid (as discussed in the article starting on page 11). The case will be heard quickly because the defendant is in jail, which means there is little time for a thorough investigation and preparation for an aggressive defense. The prospect of remaining in jail to fight a charge, even if innocent, is unimaginable, so many defendants are forced to choose a guilty plea and face the sanctions imposed by the court just to be released from jail. The state makes a standard offer, which often the defendant accepts, especially if it includes immediate release. While defense attorneys explain all the pitfalls of accepting an offer of a guilty plea, defendants only hear the sound of freedom from inside the jailâ&#x20AC;&#x201D;freedom to return to their family, and hopefully, their place of employment. As part of their plea agreement, many defendants are placed on probation. Depending on the charge, the court will often place conditions that must be

completed before a defendant can be released from probation. This is where the criminal justice system can swallow defendants and their families. Some of the standard conditions include, court costs, monthly probation fees, drug testing, drug and alcohol treatment fees, anger management classes, ignition interlock devices, and electronic monitoring devices. With each one of the conditions imposed, there are monetary requirements that are often several hundred dollars. In many situations, the defendant found to be indigent is faced with hefty fines and fees, and if unpaid, will lead to a violation of their probation and eventual incarceration. For instance, random drug screens are often a probation condition. In Davidson County, defendants are required to call daily with a PIN number for random drug screens. Tests are not free and require an immediate cash payment, which if not made, often is reported as a refusal to test. A refusal to test can trigger a violation, and a warrant for the defendantâ&#x20AC;&#x2122;s arrest would be issued

by the court. The defendant could spend several days in jail before appearing in court to address the violation. The period of incarceration causes many defendants to lose their job. Having no money recreates the inability to meet the conditions imposed by the court and an inevitable incarceration, which begins the vicious cycle again. Additionally, with the advent of privatization of probation services, mental health and drug treatment and prisoner housing, the poor become a cash cow for these for-profit services. So, what is the solution to break the chain that links the criminal justice system and the impoverished? Is it a revamping of the criminal justice system with changes that include revised sentencing guidelines, increased funding for indigent defense, or dissolution of bond for misdemeanor charges? I wish there was an answer that could rectify the flaws in the system, but itâ&#x20AC;&#x2122;s not that easy. One thing is certain, until the struggles of the indigent are recognized as a legitimate problem that affects all of society, the poor will remain forever trapped in the criminal justice system. n Endnotes 1 Special Rapporteur, Report of the Special Rapporteur on extreme poverty and human rights on his mission to the United States of America, at 3, delivered to the Human Rights Council and the General Assembly, UN Doc A/HRC/38/33/Add.1 (May 4, 2018). 2

Id. at 13.

Id.

Hixson v. Haslam, 329 F. Supp. 3d 475 (M.D. Tenn. 2018).

Id. at 524-25.

PHILIP N. CLARK, owner of PNC Law, focuses his practice on criminal defense. Prior to becoming an attorney, Clark served as a Sergeant for the Metro Nashville Police Department as well as a Certified Master Police Instructor for Baghdad Police College. He can be reached at philip@tncriminaldefenseattorney.

NASHVILLE BAR JOURNAL | FEB/MAR 2019

Editorial |

Eleanor Wetzel

Innovations in Nashville’s Justice System

Juvenile Victim-Offender Mediation & Restorative Community Conferences This year, Nashville’s juvenile justice system benefits from two innovative programs. The Nashville Conflict Resolution Center (NCRC), founded by the Nashville Bar Association almost two decades ago, received nearly a half-million dollars through a federal VOCA grant to expand its juvenile victim-offender (JVO) mediation program. Additionally, last October, Mayor Briley announced the launch of a new diversionary pilot program that brings the restorative community conference (RCC) model to Nashville. Both programs are based in restorative justice principles and are part of the city’s move towards progressive alternatives to youth incarceration aimed at eliminating the “school-toprison pipeline.” Restorative justice (RJ)—it is an ambiguous phrase, as it is an ever-evolving concept embracing multiple models and programs. In short, RJ stems from restorative practices and provides a range of alternatives to the retributive response of the criminal justice system. RJ does not operate independently of the criminal justice system; rather, it offers complementary models that can be introduced at various stages of the criminal justice process (from pre-charging to post-sentencing) and focuses on the violation of interpersonal relationships with the goal to re

pair harm. With a rich history rooted in indigenous practices, RJ initiatives emerged in Western justice systems in the late 1970s, alongside the victim’s right movement in the US. During the late 1990s, interest increased in RJ models as studies demonstrated not only rehabilitative benefits but substantial cost savings to taxpayers. Victim-Offender Mediation The first Victim-Offender (VOM) program in the US began in 1978 in Elkhart, Indiana, and the American Bar Association issued its resolution endorsing VOM in 1994. While the Department of Justice’s (DOJ) Office for Victims of Crime (OVC) reports approximately 95% of VOMs result in a settlement agreement, VOM differs from traditional mediation in that it is not “settlement driven” but “dialogue driven.” Placing emphasis on the victims’ needs, VOM aims to humanize the criminal justice process by providing a safe environment for interested crime victims to meet their offenders and discuss how they were affected by the crime. This experience often elicits a powerful and (continued on page 28)

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Editorial |

Innovations in Nashville’s Justice System (continued from page 27)

sincere response from the accused, who can then work with the victim on a joint plan for restitution and resolution. Locally, in collaboration with the District Attorney’s Office, NCRC created an adult VOM program in 2006. In contract with Metro, this program receives referrals from the DA’s Warrants Screening Division, Metro Nashville Police, and public housing (MDHA) communities. NCRC began its JVO mediation program in 2011 in partnership with the Juvenile Court, which refers violent interpersonal offenses including domestic assault cases, school fights and harassment, theft, vandalism, and other misdemeanors. The VOCA grant (awarded $170,000 annually over the next three years) assists NCRC in meeting the demand for JVO mediation by hiring three full-time mentor mediators to work with Middle Tennessee courts and schools to provide conflict management and mediation services. In addition to the JVO mediation program, NCRC provides training at several high schools to assist youth in developing skills to de-escalate conflict as well as participate in peer mediation. Although not related specifically to juvenile justice, new in 2018, NCRC also began accepting mediation referrals from the Metro police department to address citizen complaints of unfair treatment. This program is not a substitute for the Community Oversight Board (COB) but offers another tool to address citizen concerns. Restorative Community Conferencing Restorative Community Conferencing (RCC) stems from the RJ model called Family Group Conferencing (FGC), first institutionalized in New Zealand in 1989 and implemented in some US jurisdictions less than a decade 28

thereafter—one of the most studied FGCs was developed in Indianapolis, Indiana in the late 1990s. The work in Oakland (Alameda County), California has been credited for the increasing interest in the RCC model. In the mid-aughts, RCC approaches were implemented in schools—school discipline taking a cue from the criminal justice system with the rise of “zero tolerance” policies during the 1980s— through entities like Restorative Justice for Oakland Youth, which resulted in decreased school violence and expulsions. With the assistance of a Soros Justice Fellowship in 2008, RJ advocate sujutha baliga [lowercase intentional] began incorporating RCCs into Oakland’s justice system. Building upon the success of the “Oakland model,” baliga founded Impact Justice in 2015 to assist other jurisdictions with the design and implement of similar RCC programs. Nashville sent a delegation of representatives from the District Attorney’s Office, Public Defender’s Office (Nashville Defenders), Metro Police, and Juvenile Court to California in July 2016 to learn more the Oakland initiatives on which the Nashville pilot program is based. Under the Oakland model, cases are referred pre-charge by the prosecutor or probation to a nonprofit (Community Works West as of 2012) that conducts the RCC. RCCs consist of the victim (referred to as “person harmed/ PH”), the potential defendant (referred to as “responsible youth/RY”), PH and RY supporters, RY caregiver, and community representatives. Collectively, the participants identify the parties’ needs, create a restorative plan, and oversee compliance with the plan, which generally takes three to six months. Case eligibility for RCC varies by jurisdiction.

NASHVILLE BAR JOURNAL | FEB/MAR 2019

Nashville’s pilot program will begin with felony property crimes such as burglaries. The RCCs will be facilitated by a nonprofit formed in spring of 2017, the Raphah Institute, through its inaugural program, the “Restorative Justice Diversion Program” launched in summer 2018. Restorative Approaches The expansion of juvenile VOMs and the creation of the RCC pilot program offer promising options for reducing violence and complement Nashville’s other restorative approaches such as Youth Court and the RJ initiatives implemented by Nashville Public Schools since 2000. Ultimately, the success of RJ initiatives requires collaboration from a variety of governmental and nonprofit entities as well as participation from community volunteers, including members of the bar. n ELEANOR (ELLIE) WETZEL works as a research attorney for the Davidson County Criminal Court. She is licensed to practice in Tennessee and Indiana. Prior to joining the NCRC Board of Directors in January 2017, she served as a volunteer mediator in the civil and JVO programs. She also volunteers with her dog, Winnie, as a therapy dog team for the Foster Care Review Board at the Juvenile Court. She can be reached at ellie.wetzel@gmail.com.

EDITOR’S NOTE: NCRC offers programs focusing on four primary service areas: (1) parenting, custody, and visitation mediation; (2) housing security and eviction prevention mediation; (3) conflict management workshops for communities and schools; and (4) victim-offender mediation. To learn more about becoming a volunteer mediator, visit NashvilleConflict.org.

THE NIXON COURT

Nixon’s Appointment of Supreme Court Justices and the Backstory of Roe v. Wade

Featuring John Dean & James Robenalt April 16 | 9:30am – 12:45pm | 3.0 Dual | Montgomery Bell Academy*

*Lyft rideshare member discounts and shuttle service to/from downtown will be provided.

A SPECIAL THANK YOU TO OUR SPONSORS!

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Thank You for Your Membership! The NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to NBA programs and services. Contact Vicki.Shoulders@nashvillebar.org for information on how to become a Premier Member.

PREMIER MEMBERS

Gail Vaughn Ashworth

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NASHVILLE BAR JOURNAL | FEB/MAR 2019

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Welcome to the NBA! Congratulations on your new membership! Thank you for joining the NBA and all that it has to offer. We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org for questions and general information.

NEW MEMBERS (NOVEMBER 1 - DECEMBER 31)

Aaron Rice

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Randall Burton

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Winter 2019 Highlights NBF Leadership Forum Reception

Chancellor Claudia Bonnyman Retirement Reception 32

NASHVILLE BAR JOURNAL | FEB/MAR 2019

VISIT NASHVILLEBAR.ORG/PHOTOGALLERY FOR MORE!

Winter 2019 Highlights

Chancellor Claudia Bonnyman Retirement Reception

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Hearsay | Honors & Awards, On the Move, Firm News HONORS & AWARDS

ON THE MOVE

Randall L. Kinnard has been selected as a Fellow of the American Bar Association. Kinnard is certified as a Civil Trial Specialist and as a Medical Malpractice Specialist by the American Board of Professional Liability Attorneys and has recovered many verdicts for injury victims to include a $55 million verdict for sportscaster Erin Andrews.

Lindsey Arnold was named partner at Burr & Forman, LLP. Arnold is a member of the lending practice group, representing financial institutions, private equity groups, specialty lenders and borrowers in a variety of industries including health care, manufacturing, retail, construction, technology, hospitality, education and logistics.

Dawn Maruna of Baker Donelson has earned a Certified Information Privacy Professional (CIPP/ US) credential from the International Association of Privacy Professionals. Maruna is an associate in Baker Donelson’s Nashville office, where she concentrates on regulatory compliance, vendor management, and general corporate transactions. Legal Aid Society of Middle Tennessee and the Cumberlands announced Erin Palmer Polly will serve as the chair for its 2019 Campaign for Equal Justice. Polly is immediate past president of the Nashville Bar Association and serves as a member of Butler Snow’s commercial litigation group with an emphasis in commercial litigation, civil rights, professional liability and general litigation.

Stuart A. Burkhalter has been named a member of the law firm Riley Warnock & Jacobson, PLC. Burkhalter focuses his practice on complex commercial litigation including commercial contract disputes, employment and non-compete issues, residential and commercial real estate disputes, parent-company liability matters, and intellectual property litigation.

litigation and insurance coverage disputes. Covington Dismukes and Kimberly Macdonald joined the firm of Dodson Parker Behm & Capparella, PC as associates in the Business Services and Trial and Appellate Litigation Team respectively. Dismukes graduated cum laude from the University of Mississippi School of Law and will focus her practice on corporate law, business transactions, taxation, securities regulation, nonprofit law, and estate planning. Macdonald graduated from Belmont University School of Law and will practice civil litigation in state and federal courts, representing clients in personal injury, contract disputes, and family law.

Stefanie Colletier joined Bass, Berry & Sims as an associate where she represents clients on intellectual property transaction matters, including mergers and acquisitions, licensing and service agreements, and strategic relationships. She earned her law degree from Vanderbilt Law School in 2018 and her BBA from Belmont University in 2014.

Bass, Berry & Sims announced the election of Jeff Gibson to member of the firm. Gibson represents clients in civil litigation and government investigations across a wide range of industries, and defends individuals and companies against civil fraud claims, white collar criminal charges, and compliance violations. He is a Tennessee Supreme Court Rule 31 Listed General Civil Mediator.

Lauren Curry has been named a member at Sherrard Roe Voigt & Harbison. Curry’s practice focuses on business

Austin W. Holland has joined Bradley’s Nashville office as an associate in the Litigation Practice Group, focusing on

NASHVILLE BAR JOURNAL | FEB/MAR 2019

Hearsay | Honors & Awards, On the Move, Firm News financial services. Prior to joining Bradley, Holland worked for the US Department of Housing and Urban Development in the Office of Litigation. Lori Metrock returns to Baker Donelson as a shareholder in the Nashville Corporate Finance and Securities Group concentrating on securities law and mergers and acquisitions. She will advise public and private companies in the areas of public and private offerings, corporate governance, and regulatory compliance. Mitchell Miller joined the firm of Martin Heller Potempa & Sheppard, PLLC where he will focus his practice on estate and trust planning, administration, and litigation. Mitchell received his JD from the Wake Forest University School of Law. Michael Schwegler joined Stites & Harbison as partner and member of the Real Estate & Banking Service Group, PLLC. He has extensive experience handling commercial lending and real estate transactions. Schwegler also has a broad background litigating cases in state and federal courts, including the Sixth Circuit Court of Appeals. P. Maxwell “Max” Smith joined FordHarrison LLP as counsel where he represents management clients in employment law matters and companies in

healthcare, financial services, and manufacturing in federal and state courts as well as administrative agencies. Smith comes from Waller’s employment law practice group. Will Smith has been elected to member level at Gullett Sanford Robinson & Martin, PLLC. Smith is a member of the firm’s Real Estate section, where his practice focuses on the areas of finance, real estate, commercial transactions, commercial leasing, and general business planning. Patrick Warfield has been named a partner at Burr & Forman, LLP. Warfield is a member of the Creditors’ Rights & Bankruptcy practice group, where he focuses on complex commercial litigation, bankruptcy, out-of-court workouts, landlord-tenant disputes, creditors’ rights matters, and other related insolvency issues. FIRM NEWS Burr & Forman, LLP completed its transaction with Carolinas-based McNair Law Firm, expanding the firm’s footprint to 19 offices across 8 states, and its breadth of service in the manufacturing, transportation, banking, finance, public finance, food and beverage, hospitality, real estate, and health care industries.

VOLUNTEER FOR DIAL-A-LAWYER Thank you to our December volunteers!

GINA CROWLEY CHRIS HUGAN TOM LAWLESS JOE RUSNAK Dial-A-Lawyer is held the first Tuesday of each month from 6:00 – 8:00pm, and the public is invited to call in with basic legal questions. If you would like to volunteer and help the NBA support this program, please contact our LRIS Coordinator at Wendy. Cozby@nashvillebar.org. Pro Bono credit applies, and a complimentary dinner is provided. To learn more, visit NashvilleBar.org/DialALawyer

FEB/MAR 2019 | NASHVILLE BAR JOURNAL

Thank you for supporting your local bar association!

The Nashville Bar Association 100% Club is a special category of membership that demonstrates a commitment to the legal profession and our community from legal organizations with more than three attorneys that have 100% of their Nashville attorneys as members of the NBA. To become part of NBAâ&#x20AC;&#x2122;s 100% Club, contact Vicki.Shoulders@nashvillebar.org and support your local bar association today!

Aaron | Sanders

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Gullett, Sanford, Robinson & Martin

Ortale Kelley Law Firm

Waypoint Law, PLLC

Hall Booth Smith

Parker, Lawrence, Cantrell & Smith

Weatherly, McNally & Dixon, PLC

Healthcare Realty Trust, Inc.

Patterson Intellectual Property Law

White & Reasor, PLC

Holton & Mayberry

Pepper Law

Wiseman Ashworth Law Group, PLC

Kinnard, Clayton & Beveridge

Prochaska, Quinn & Ferraro

Wyatt, Tarrant & Combs, LLP

NASHVILLE BAR JOURNAL | FEB/MAR 2019

WHEN THE GOING GETS TOUGH, When the long-term illness or disability of an elderly family member threatens to disrupt your clients’ financial, legal, and emotional well-being, you don’t call just anyone. You call the best. Timothy L. Takacs, CELA, and Barbara Boone McGinnis, CELA, two of the most respected elder law attorneys in the nation, lead an interdisciplinary team of care coordinators and other professionals who work together to enhance quality of life for elders and their families.

CALL TAKACS MCGINNIS.

Point your clients in the right direction with a referral to Takacs McGinnis Elder Care Law, PLLC. For more than 25 years, we have been helping families protect assets, find high-quality care, and navigate the long-term care system.

201 Walton Ferry Road

PO Box 364

Helping you protect whatTN matters most in your life Hendersonville, 37077-0364

Life Care Planning Elder Law Estate Planning Care Coordination

We can help your clients, too. Give us a call today.

www.tn-elderlaw.com

(615) 824-2571

* * Takacs McGinnis, PLLC has been named a Tier 2 firm in Nashville for Elder Law by U.S. News - Best Lawyers”, “Best Law Firms” in 2019.