Hear Ye, Hear Ye

2020 NBA BOARD OF DIRECTORS LAURA BAKER, President MICHAEL ABELOW, President-Elect BRANT PHILLIPS, First Vice President TRACY KANE, Second Vice President BART PICKETT, Secretary JEFF ALLEN, Treasurer JUSTIN CAMPBELL, Assistant Treasurer GILBERT SCHUETTE, YLD President LELA HOLLABAUGH, General Counsel LAURA SMITH, Immediate Past President LYNNE INGRAM, First Vice President-Elect DANIEL BEREXA, Second Vice President-Elect Journal Journal

HON. MELISSA BLACKBURN BRIGID CARPENTER RAQUEL L. EVE OLUYEMO LORA BARKENBUS FOX MARY TAYLOR GALLAGHER JEFF GIBSON WILLIAM “PAZ” HAYNES MARTESHA JOHNSON HON. ELLEN HOBBS LYLE JUNAID ODUBEKO LIZ SITGREAVES ERIC SMITH DARKENYA WALLER LUTHER WRIGHT, JR. HON. BILL YOUNG GULAM ZADE STEPHEN ZRALEK

NBA TEAM MONICA MACKIE, Executive Director SHIRLEY CLAY, Finance Coordinator WENDY COZBY, Lawyer Referral Service Coordinator CAMERON GEARLDS, CLE Coordinator TRACI HOLLANDSWORTH, Programs & Events Coordinator JILL PRESLEY, Marketing & Communications Director 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.

NBA Happy Hour: The Trivia Edition

Join us for our annual Trivia Night Happy Hour on Tuesday, February 18, 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/Trivia. 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 1, 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 13. n

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 1. 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 6. Visit NashvilleBar.org/Awards to learn more. n

2019 Jack Norman, Sr. Award Winner, Maria Wooten (center), with family.

2020 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 1, 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: The Law Day 2020 theme is Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100. In 2019-2020, the United States is commemorating the centennial of the transformative constitutional amendment that guaranteed the right of citizens to vote would not be denied or abridged by the United States or any state on account of sex. American women fought for, and won, the vote through their voice and action. The women’s suffrage movement forever changed America, expanding representative democracy and inspiring other popular movements for constitutional change and reform. Yet, honest reflection on the suffrage movement reveals complexity and tensions over race and class that remain part of the ongoing story of the Nineteenth Amendment and its legacies.

A Look Ahead: Mark Your Calendars!

Feb 21-22 | YLD Mock Trial Competition @ Metro Courthouse

Mar 6-7 | Diversity Summit 2020 @ Belmont University

Mar 24 | YLD Happy Hour @ pH

Mar 28 | YLD Race Judicata @ Edwin Warner Park

May 1 | Law Day Luncheon @ Renaissance Hotel

May 14 | Golf Tournament @ Vanderbilt Legends Club

May 21 | Spring Memorial Service @ Downtown Presbyterian Church

Jun 13 | Family Zoo Day @ Nashville Zoo

Jul 23 | NBA Happy Hour: Karaoke Edition @ Alley Taps

The Young Lawyers Division is seeking volunteers for the Davidson County High School Mock Trial competition on February 21-22 at the Historic Courthouse. Visit NashvilleBar.org/MockTrial to learn more!

YLD Race Judicata

Come out and race for a cause! Show your support on Saturday, March 28, at Edwin Warner Park for YLD Race Judicata. Proceeds from the race will benefit two local charities—Able Youth and Achilles International Nashville.

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

Impeachment!

Impeachment is the topic of conversation across the US, yet many Americans have read little about the process or the history of impeachment. A typical reaction to impeachment tends to be emotional and along party lines rather than a firm understanding of the constitutional process. Tennesseans may be surprised to learn that history appears to be repeating itself when the impeachment of President Andrew Johnson is viewed in light of the US House of Representatives’ actions in conducting the current impeachment hearings.

Constitutional Background of Impeachment

The US Constitution mentions “impeachment” six times. Article 1, Section 2 grants the President the power to grant reprieves and pardons except in the case of impeachment. Article 1, Section 3 sets forth the punishment for impeachment, including Article I, Section 2 that provides, “The House of Representatives shall … have the sole Power of Impeachment.” 1 Section 3 of the same Article states, “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.” Article III, Section 2 states, “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury.” The grounds for impeachment are articulated in Article II, Section 4 that provides, “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

The framers debated the proper means of reining in an errant president. The delegates rejected having the president removable by the legislature as it could render the president subservient to it rather than be treated as an equal branch of government. The terms “malpractice,” “neglect of duty,” “corruption,” and “maladministration” were each discussed and rejected as the appropriate standard for impeachment. The framers followed the English procedure and in the existing American states, namely, to have the president charged in the House of Representatives and tried by the Senate. 2 The Constitution does not specify how impeachment is to be initiated.

Johnson’s Impeachment

Andrew Johnson was the first president to be impeached. President Johnson, known as the “Tennessee Tailor” based upon his trade in Greeneville, Tennessee, began his political career in 1833 as a village alderman and then mayor. In 1835, he took a seat in the new Tennessee legislature. By 1843, Johnson joined the 28th US Congress as a Democrat representative. Johnson served four terms in Congress before becoming a two-term governor in Tennessee, serving from 1853 to 1857. His governorship was followed by a successful run to the US Senate.

Lincoln was inaugurated president in March 1861, and the Civil War began on April 12, 1861. Senator Johnson, a War Democrat, was devoted to the preservation of the Union, but he believed slavery needed protection. He retained his Senate seat when Tennessee seceded, but resigned upon his 1862 appointed as military governor of Tennessee.

Despite opposition against the rebel state of Tennessee, Johnson became the vice-presidential nominee in 1864, working feverishly to restore Tennessee to the union before leaving his

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military governor role. He completed the process of emancipation and restoration in Tennessee, and issued a proclamation certifying amendments to the state constitution and calling for elections to the legislature and for governor. Notwithstanding, Johnson had no concern for the new freedmen, and did not publicly support national black suffrage, believing it to be a state issue.

Johnson was inaugurated on March 4, 1865. Six weeks later, Lincoln was assassinated, and Johnson took the oath of office. A firm Unionist, Johnson believed the seven confederate states had never seceded as secession was unconstitutional. His plan for reconstruction to restore the confederate states included their abolishment of slavery, repeal of secession ordinances, and repudiation of confederate debt. Johnson adopted policies reflecting his deeply held views on states’ rights while undermining efforts to integrate freedmen into society. 3 Talk of impeachment that began in 1865 was accelerating. In January 1867, the Judiciary Committee discussed impeachment, but some felt the measure was too drastic and could backfire politically. Johnson opposed Congress’s Reconstruction Act, first introduced in February 1867 after the South refused to ratify the 14th Amendment. Johnson had a presidential plan for reconstruction, and thus, he vetoed the proposed act. His veto was overridden. The 40th Congress took office in March 1867 and passed second and third Reconstruction Acts that were vetoed and again overridden. The earlier impeachment resolution was again introduced. An investigation was conducted about allegations regarding Johnson’s cabinet appointments, pardons, and the failure to try Jefferson Davis. The members adjourned without action. Johnson was furious, publicly lashing out when he learned of later effort to investigate his bank accounts.

Despite facing repeated threats of impeachment, Johnson continued to work and maintained a busy social schedule. The House again investigated Johnson to impeach him based upon his alleged involvement in Lincoln’s assassination, and

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pages allegedly missing from Booth’s diary that could have exonerated Mary Surratt whose death warrant Johnson signed. Meanwhile, the administration conducted the people’s business including purchasing Alaska. (The press mocked it as “Johnson’s Polar Bear Garden.”) When no evidence could be mustered against Johnson, the impeachment inquiry ended. By 1868 Johnson was determined to act against his suspended Secretary of War Stanton. Johnson vetoed the Tenure of Office Act as unconstitutional, and removed Stanton, replacing him with General Thomas. Stanton had Thomas arrested and refused to leave office. The Senate passed a resolution denying Johnson’s power to remove Stanton without the Senate’s consent. 4 On February 24, 1868, the House impeached Johnson by a strict party vote of 128 to 47, issuing 11 articles of impeachment largely consisting of policy disagreements about reconstruction.

Johnson appeared calm but was agitated. He wanted to fire his defense attorneys and argue the case himself. His counsel advised him not to appear at the Senate trial because Johnson’s past careless, public pronouncements had caused him trouble. Johnson remained at the White House during the Senate trial. The facts were not in dispute, but it was a question of lawful intent and legal interpretation. The president believed the proceedings were unfair, that Republicans wanted control of the Union for political purposes, that he had committed no crime, and it was Congress that violated the Constitution.

The May 16, 1868 vote on the first article was along party lines with 35 “guilty” to 19 “not guilty,” one vote short of the required two-thirds to convict. All Democrats and seven Republicans voted to acquit.

DIVERSITY 2020

Setting the Vision for Diversity within the Legal Profession

Featuring keynote speakers Ronald Harris, VP of Diversity and Inclusion at BlueCross BlueShield of TN, and Colonel Linda Strite Murnane of the US Air Force (retired), Diversity 2020 is a collaborative effort of members of the Tennessee legal community designed to bring attorneys together from across the state to set concrete goals and create actionable plans for increasing the number of diverse lawyers hired, retained, and promoted across business types.

MARCH 6-7, 2020

Belmont University 1901 15th Ave S Nashville, TN 37212

Register today at NashvilleBar.org/DiversitySummit to reserve your spot!

SPONSORS

NBA Firm Spotlight

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 Congrats to Graham Matherne at Wyatt, Tarrant & Combs for identifying the individuals in last issue’s photo. From left to right: Chancellor Carol McCoy, Kate Stephenson, and Zan Blue.

Thank you to everyone at Bone McAllester Norton for all you do. We value your membership and support! (pictured L to R: Sam McAllester, Jack Stringham, Charles Robert Bone, Henry Leventis, Shea Hasenauer, David Briley, Jack Spencer, Knight Lancaster, Charles W. Bone, Stacey Garrett Koju, Courtney Lutz, Mandy Strickland Floyd, James Crumlin, Glen Civitts, Jack King, Paz Haynes )