Nashville Bar Journal | June/July 2023

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GULAM ZADE, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief

SUMMER MELTON, Managing Editor

LAUREN POOLE, Managing Editor

ADRIENNE BENNETT CLUFF, Layout/Design/Production

EDITORIAL COMMITTEE

RAMONA DESALVO

TIMOTHY ISHII

J. BART PICKETT

KATLIN RYAN

KRISTIN THOMAS

JONATHAN WARDLE

NASHVILLE BAR JOURNAL (ISSN1548-7113) (USPS 021-962) is published bi-monthly by the Nashville Bar Association, 150 4th Ave N, Ste 1350, Nashville, TN 37219. Periodicals Postage Paid at Nashville TN.

POSTMASTER: Send address changes to Nashville Bar Journal, 150 4th Ave N, Ste 1350, Nashville, TN 372192419.

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 Adrienne.BennettCluff@ 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 1350 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. Our mission is to improve the practice of law through education, service, and fellowship. The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

In 1958, President Dwight D. Eisenhower established Law Day to celebrate the rule of law in a free society and create a day of national dedication to principles of government under law. In 1961, Congress designated May 1 as the official date to celebrate Law Day. The Nashville Bar Association celebrated Law Day and its theme of “Cornerstones of Democracy: Civics, Civility & Collaboration” on April 28 this year. I have always enjoyed Law Day and NBA’s Law Day lunch because it gives me an opportunity to connect with friends, hear about the great things being done in our community, and honor the Jack Norman Sr. and Liberty Bell Award winners!

During the luncheon, we heard DarKenya Waller give an update about the excellent work that Legal Aid Society is doing and this year’s fundraising campaign. We heard from Jackie Dixon about Lawyer Referral & Information Services and their ongoing efforts to recruit more volunteer lawyers. We heard from Amy Bryant who gave out the NBA’s Diversity Recognition Awards. We acknowledged the 2023 graduates of the Nashville Bar Foundation (shout out to the OG and best NBF LF class!) and our Law Day contest winners. We celebrated Walter Kurtz as the Jack Norman Sr. award recipient and Ashley Wiltshire as the Livery Bell award recipient. Finally, Justice Sarah K. Campbell gave an excellent keynote on civility tied to this year’s Law Day theme.

During my professional career in Nashville, the level of civility across the bar has always been high, which is not a claim every city can make. As Nashville evolves and lawyers from other geographies move here to practice, I am hopeful that our city’s reputation for civility and collegiality will remain. As I reflect on this year’s Law Day theme and the NBA’s recent luncheon celebration, these are 3 of the simplest yet biggest ways we can continue to foster the civility many of us have been fortunate to experience in Nashville: Listen: Listening, especially active listening, is an underrated skill for not only engaging in the world with civility, but also for effective communication. When speaking with someone who doesn’t share your world views, open yourself up to understanding their perspective. Although you may not agree with it, listening with empathy shows the other person that you hear them, thus building trust and making them feel like their words matter to you.

Find common ground: Often, especially in Nashville, people desire to work towards the same goal. We all have our own opinions on the best way to reach our goals, but the key to moving discourse forward is finding areas of agreement. Putting pressure on points of disagreement only highlights differences, whereas understanding common ground creates space for constructive dialogue. If you’re in a discussion with someone who has your exact opposite views, challenge yourself to understand why they hold their specific beliefs. By doing this we can build empathy and trust.

Embody the behavior you want to see: Remember that whether you’re in the office, the courtroom or on the golf course, you set the tone. Sometimes, external pressures — like the pressure to produce results no matter what – can cause us to treat others in dismissive or uncivil ways. Work to make civility as important as results. You can’t expect others to treat one another with respect if you don’t.

As members of the bar, we set the expectation for civility and continuously cultivate it through our interactions and the expectations we set for ourselves and those around us. By deciding that conducting ourselves in a civil manner is not just the “nice thing to do” but the “right thing to do” will ensure civility and collegiality continue to characterize the legal community in Nashville and the environment of the Nashville Bar Association. The simple things we do every day help us move this year’s Law Day theme forward and rebuild trust in our institutions, respect for one another, and our willingness to collaborate to address the challenges that face our community and beyond.

2023 NBA BOARD OF DIRECTORS

GULAM ZADE, President

BAHAR AZHDARI, President-Elect

LORA FOX, First Vice President

MARLENE MOSES, Second Vice President

JD THOMAS, Secretary

GIL SCHUETTE, Treasurer

GRACE FOX, Assistant Treasurer

LELA M. HOLLABAUGH, General Counsel

BEAU CRESON, YLD President

MARTESHA JOHNSON MOORE, Immediate Past President

KAYA GRACE PORTER, First Vice President-Elect

KIM LOONEY, Second Vice President-Elect

CHRISTEN BLACKBURN

JAZ BOON

AMY WILLOUGHBY BRYANT

DANIEL CLAYTON

ERIN COLEMAN

SHERIE EDWARDS

HON. ANA L. ESCOBAR

SAM FELKER

MANDY FLOYD

ELIZABETH FOY

PAZ HAYNES

JOSEPH HUBBARD

JUNAID ODUBEKO

BEN RAYBIN

WORRICK G. ROBINSON IV

MARIE SCOTT

TIM WARNOCK

LUTHER WRIGHT

NBA TEAM

ABBY SPARKS, Executive Director

CAMERON ADKINS, CLE Director

ADRIENNE BENNETT CLUFF, Marketing & Communications Coordinator

TRACI HOLLANDSWORTH, Programs & Events 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 Adrienne.BennettCluff@nashvillebar.org

Hear Ye, Hear Ye | Events of

2023 Leadership Forum Graduation

In 2014, the Nashville Bar Foundation (NBF) established the NBF Leadership Forum –a local leadership program for lawyers with three to eight years of experience –designed to bring together emerging leaders who participate in monthly workshops for nine months to help them realize their potential and to benefit the legal profession and our local community.

On April 28, at the NBA Office, the 2023 Nashville Bar Foundation Leadership Forum Class graduated. If you know any class members listed below, please take a moment, and share your regards. Congratulations to all participants on your hard work – we know it will pay off!

Benjamin Aaron

Rachel Berg

Elizabeth Bowden

Seth Cline

Wesley Dozier

Nicole Keefe

Cynthia Lee

Billy Leslie

Joshua Lewis

Kimberly Macdonald

Raven Mosley-Otey

Kaitlin Parham

Chad Phillips

Tabitha Robinson

George Scoville

Lindsey Shepard

Marcus Shute Jr.

Sarah Staples

For more information on the program, visit Nashvillebar.org/ NBFLeadershipForum. n

The 25th Annual Carbolic Smoke Ball

Carbolic Smoke Ball is the annual cocktail and dance party hosted by the NBA Young Lawyer’s Division. Named after the infamous case, Carlill v. Carbolic Smoke Ball Co., the evening features music and dancing, heavy hors d’oeuvres, an open bar, and a festive atmosphere. Lawyers, spouses, friends, and families are invited to join and support the NBA, the YLD and selected beneficiaries.

This year, the festivities will commence on Friday, August 18, at Anzie Blue, from 7:30pm to 10:30pm. To learn more, visit NashvilleBar.org/CarbolicSmokeBall. n

Welcome to the NBA!

Congratulations on your membership—thank you for joining the NBA! We look forward to serving you this year and appreciate your support. Visit NashvilleBar.org or contact Vicki.Shoulders@nashvillebar.org with questions or to learn more.

NEW MEMBERS (MARCH 1

Heather Alleva

Mary Brogan

Emeline Brown

Marc Buchman

Jake Callaham

Lieselotte Carmen-Burks

Cynthia Duppler

Brittany Ford

2023 Nashville Pride Parade

Don your rainbow and join the NBA Diversity Committee as we walk in the 2023 Nashville Pride Parade on Saturday, June 24. Register today at NashvilleBar.org/PrideParade. n

- APRIL 30)

Sarah Gerkins

Leah Harms

Darryl Harvey

Frances Perkins

Gabriel Ragsdale

Kathrine Rogers

Lily Shannon

Alyssa Ward

Events At-A-Glance

June 10 | NBA Family Zoo Day

@ Nashvile Zoo at Grassmere

June 24 | Pride Parade with the NBA Diversity Committee

@ Downtown Nashville

July 11 | Diversity + YLD Summer Associate Happy Hour

August 18 | 25th Annual Carbolic Smoke Ball

@ Anzie Blue

September 28 | Member Picnic

@ Walk of Fame Park

October 21 | YLD 20th Annual DISCO Race Judicata

@ Edwin Warner Park

November 16 | Fall Memorial Service

@ Downtown Presbyterian Church

December 6 | Annual Meeting & Banquet

@ Music City Center

Feature Story | Justice Sarah K. Campbell

Cornerstones of Democracy: Civics, Civility, and Collaboration

This speech was given by Justice Sarah K. Campbell during the NBA 2023 Law Day on Friday, April 28, 2023.

Civility is a term we hear often these days, usually because someone is complaining about its absence. But what does the term civility actually mean? The Oxford English Dictionary identifies two senses in which the word civility is used today. The most common is the sense relating to “culture and civilized behavior.”1 Used in this sense, civility means “behavior or speech appropriate to civil interactions; politeness, courtesy, consideration.”2

For early examples of this kind of civility, we can look to George Washington’s 110 Rules of Civility and Decent Behavior in Company and Conversation.3 These rules were first compiled by the French Jesuits.4 Washington reportedly wrote them in one of his school books when he was a teenager, and they played an important role in shaping his character.5 Here is a sampling. Rule number 4: “In the presence of others, sing not to yourself with a humming noise, nor drum with your fingers or feet.”6 Rule number 5: “If you cough, sneeze, sigh, or yawn, do it not loud but privately; and speak not in your yawning, but put your handkerchief or hand before your face and turn aside.”7 These are certainly good rules to follow, but the current despair about a lack of civility does not seem to be driven by a sudden increase in humming, finger-drumming, or unshielded yawning.

Let’s consider a few more of Washington’s rules. Rule number 22: “Sh[o]w not yourself glad at the misfortune of another though he were your enemy.”8 Rule number 45: “Being to advise or rep-

rehend any one, consider whether it ought to be in public[] or in private, presently, or at some other time, in what terms to do it, and in reproving sh[o]w no sign of choler but do it with all sweetness and mildness.”9 Rule 86: “In disputes, be not so desirous to overcome as not to give liberty to each one to deliver his opinion . . . .”10 Now we’re getting closer to the heart of the problem.

The second, less common, sense in which the term civility is used today is to mean “[c]ivil order; orderliness in a state or region; absence of anarchy and disorder.”11 This sense is closely related to now-obsolete uses of the term that linked civility to citizenship. For example, civility was once defined as the “[o]bservance of the principles of civil order; orderly behavior; good citizenship.”12 These definitions followed from the Latin and French roots of the word civility: the Latin root civilitas means “the art of civil government [and] politics” and the French root civilité originally referred to “organized community or its institutions” and only later began to refer to polite behavior.13

When we talk about a lack of civility in our society, we are usually referring to a combination of the two senses of civility. As the late University of Chicago sociologist Edward Shils noted, the two uses are not “wholly disjunctive.”14 “In political and public institutions, good manners, i.e., civility in the sense of courtesy, permit the collaboration of persons of diverse and often inimical dispositions.”15 While there are reasons we should care about manners for manners’ sake, what really concerns us is what coarsening manners mean for our polity. If we struggle to exhibit self-restraint and concern and respect for others in our interpersonal interactions, then (continued on page 8)

Feature Story | Cornerstones of Democracy

Second, we can model healthy, reasoned disagreement and debate for others in our society. As lawyers, we are trained to see both sides of an issue and to identify the weaknesses of our own arguments. Our judicial system is premised on the belief that the adversarial model is the best means of ascertaining the truth. Lawyers, of all people, should be loath to cancel others or to refuse to engage with someone who holds a different view. We should embrace relationships with those who think differently from us and, with humility, seek to understand their perspectives and refine our own in response. Note that I said refine, not abandon. Engaging with those who think differently does not mean you have to agree with them. In fact, you might end up with an even deeper conviction that you are right and a better ability to explain why.

how will our institutions of government effectively function?

I won’t pretend to know the answer to that question. But since today is Law Day, I will offer a few thoughts about how we as the legal profession can do our part to improve civility in both of its senses.

First, we can begin close to home by treating our colleagues, adversaries, and legal institutions with courtesy and respect. Your ethical duty to zealously represent your client does not require you to abandon civility. Tennessee Rule of Professional Conduct 1.3 requires that a lawyer “act with reasonable diligence and promptness in representing a client.”16 The comments to this Rule elaborate that a lawyer must act with “commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf.”17 Yet the comments also clarify that “[t]he lawyer’s duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect.”18 My fellow judges and I are on the hook too. Rule 2.8 of the Code of Judicial Conduct provides that “[a] judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge’s direction and control.”19

Not long ago, I heard an attorney reminiscing about a prominent Nashville attorney who recently passed away. One thing that stood out to me was his comment that this attorney was beloved and respected even by his adversaries. That sort of praise follows a career marked by civility and professional courtesy. Many of the attorneys in this room are worthy of the same praise. We are truly fortunate that the Nashville legal community has so many good examples to follow.

There is perhaps no better example of this than the relationship between Justice Scalia and Justice Ginsburg. Shortly after Justice Scalia’s death in 2016, Justice Ginsburg explained how seeing an unfinished draft of Justice Scalia’s dissent in United States v. Virginia, the case in which the U.S. Supreme Court held the Virginia Military Institute’s male-only admissions policy, improved her majority opinion.20 She recounted that the dissent was a “zinger” but that Justice Scalia’s “searing criticism” led to a “much improved” final draft of her majority opinion.21 When Justice Scalia was asked how two people who disagreed so often about the law could be get along, he responded “I attack ideas. I don’t attack people. And some very good people have some very bad ideas.”22 Justice Scalia not only refrained from attacking Justice Ginsburg personally, the two developed a close friendship that no doubt made it easier to debate issues with civility.23 Similarly, scholars have attributed the civility that marked the deliberations of the delegates to the Philadelphia Constitutional Convention to the close personal friendships that formed among them while they were housed together for months on end.24 If we want to increase civility, we ought to consider not just being willing to listen to those with whom we disagree, but actually getting to know them.

Third, we can devote ourselves to civic education—to helping our fellow citizens better understand our system of government and why civility is critical to its flourishing. The most recent Annenberg Civics Knowledge Survey, conducted in 2022, showed that only 47% of Americans surveyed could name all three branches of government.25 This was a decline since 2021, when 56% of Americans could name all three branches, but a significant improvement since 2016, when only 26% could do so.26 Returning to the Constitutional Convention, it has been suggested that another reason for the delegates’ success, in addition to their close personal relationships, was

(continued on page 14)

From left to right: NBA President, Gulam Zade, Justice Sarah K. Campbell, NBA President-Elect, Bahar Azhdari, and NBA Executive Director, Abby Sparks, at the 2023 Law Day Lunch.

The Davidson County Grand Jury

The Grand Jury is a constitutionally mandated, powerful body comprised of thirteen citizens otherwise eligible for jury duty. These strangers meet several days each week during a three-month term to listen, learn, investigate and ultimately decide when criminal prosecution is warranted.

Grand Juries originated in England, but the first Grand Jury in America was impaneled in 1635 to consider serious criminal cases. Thereafter, its value as a tool for opposing royalists was realized. Some colonial grand juries refused to indict leaders of the Stamp Act (1765) and refused to bring libel charges against the Boston Gazette (1765).1 At inception, each community had a group of citizens chosen to serve as its grand jury. Each member would present to the group conduct they knew of or had been told of that might warrant prosecution. This societal self-policing method evolved into our current criminal justice system. The principles of impartiality and secrecy of grand jury proceedings were paramount, and remain relevant centuries later as evidenced by the current grand juror’s oath: “You as members of the grand jury do solemnly swear or affirm that you will diligently inquire, and the true presentment make, of all offenses given you in charge, or otherwise brought to your knowledge, committed or triable within this county; that you will keep secret the state’s counsel, the other jurors’ and your own; that you will present no person from hatred, malice or ill will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof, but that you will present the truth, the whole truth and nothing but the truth, accordingly to

the best of your skill and understanding.”

2

The Tennessee Constitution guarantees the right to be charged with a crime only by “presentment, indictment or impeachment” for any offense punishable by imprisonment or a fine of $50.00 or more, distinguishing our state from the Federal system and many other states that have abolished the right to a grand jury.3 Only those guilty of certain offenses relating to a conspiracy to take human life or to injure persons or destroy property are excluded from grand jury service.4

Tennessee Grand Juries have the inquisitorial power to hear evidence of facts that may constitute a criminal offense, to determine whether a crime has been committed, the nature of the crime, and, whether there is probable cause to believe the accused had some role in the offense. The Grand Jury has the authority to return a presentment or indictment of all offenses found to have been committed or being triable in the county upon sufficient evidence presented.5 Other meaningful duties include inquiring into the conditions of prisons, other county buildings, institutions and the county treasury, and, inquiring into any state or local officers’ abuse of office. The Grand Jury possesses immense subpoena power, lending muscle to its investigatory function.6

Presentment: A small percentage of Davidson County criminal cases, such as child sex abuse cases or lengthier investigations into drug or homicide offenses, are presented directly to the Grand Jury with a request for charges. Indictment: Most Davidson County

(continued on page 12)

CAN YOU NAME THESE PEOPLE?

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

APR/MAY GOLDEN OLDIES

Congratulations to Sherie Edwards of SVMIC for correctly identifying the individuals in last issue’s photo! Individuals are listed from left to right: Scott Sims, Trey Harwell, Gigi Woodruff, and Bob Mendes.

2023 Nashville Bar Foundation Fellows

Judge Ana L. Escobar | Bart Pickett

it came time to find a job her second summer, Escobar remembers looking at the jobs bulletin board and seeing a flyer for a summer intern at the Nashville PD’s office with preference given to Spanish speakers. Escobar took this flyer as a divine sign and ended up with the job. During that summer, she fell in love with criminal law and gave up on a future of lobbying.

of the 3 domestic violence (“DV”) General Sessions judges. She hears DV cases 8 months a year. The remaining 4 months is spent hearing other criminal and civil cases. In her role, Escobar also heads up the Cherished Hearts Court which is for human trafficking survivors and focuses on treatment.

A lot has changed in Nashville since Judge Ana Escobar moved here 40+ years ago, when no Hispanic community existed. Her name, which would traditionally be pronounced as “Ana,” quickly became the Southern “Anna.” Escobar, Tennessee’s first Latinx judge, was born in Bogota, Colombia. Her parents came to the US when Escobar was 6 months old for her father to study anesthesiology. After 2 years in Providence, Rhode Island, Escobar’s family came to Nashville for her father’s residency at Vanderbilt University. Her mother worked as a cytologist (one who detects cancer in cells).

Escobar is a proud graduate of St. Cecilia Academy here in Nashville. While there, she helped start the first Youth in Government. She was also the Salutatorian of her class of 31 girls. Choosing to stick around Nashville, Escobar was accepted to Vanderbilt through early admission. She double majored in Political Science and English. She participated in the Speakers’ Bureau, Student Government, and College Democrats.

Escobar enjoyed studying government and chose to head to law school to become a lobbyist. Due to that, she chose to move to D.C. to attend law school at The George Washington University in 1992. When

Escobar landed a job at the PD’s office following graduation. While her employer changed a few times including stints at the DA’s office and a private defense firm, Escobar stayed in the criminal law realm for many years. She even ran her own defense practice for 10 years.

In 2011, Escobar took a break from the legal world. Mayor Karl Dean, her former employer at the PD’s office, picked her to become the Metropolitan Clerk, making her the first Hispanic female Metro department head. In that role she served as the official records-keeper for Metro. During that time, she also started My City Academy which empowers New Americans to understand and participate in Nashville’s government.

Wanting to get back into the legal sphere, Escobar agreed to become the Deputy Director of the AOC when her friend Bill Young asked her in 2013. As Deputy Director, Escobar helped judges and courts across the whole state. When Young took a judicial appointment, Escobar left to rejoin the DA’s office to head up the domestic violence unit in 2015. She stayed at the DA’s office until 2018, when she decided to run for judge of General Sessions, Division III. She won that position and was re-elected to a full term in 2022.

In her current role, Escobar is one

While some have criticized Escobar for her varied job history, she has no regrets. “Every job has prepared me for my role as a judge and I’m not just being dramatic,” she laughs.

To know Escobar is to know she has a true servant’s heart. She loves to spend her time volunteering and serving her community. There are not many boards or organizations that she has not helped. She has served on the TN Judicial Nominating Committee as well as the Davidson County Election Commission, Planning Commission, and Board of Equalization. She is currently serving her second stint on the NBA Board and helped found the new Hispanic Bar Association. She also started a foundation, Wings, that provides support for the Cherished Hearts Court.

Escobar and her son Connor (16) live in Brentwood (Davidson County side) with their tuxedo cats, Mary Kate and Ashley. Escobar attends St. Edwards Church. n

BART PICKETT was recently appointed as the State Trial Court Administrator for the Twentieth Judicial District where he oversees the operations of the 18 State Trial Courts. Prior to that, he practiced as a trial attorney for Liberty Mutual Insurance Company.

criminal cases originate by arrest warrant and are then channeled through the General Sessions Court. For defendants whose cases are not resolved, they either participate in or waive a preliminary hearing. If not waived and if a magistrate determines upon hearing that probable cause exists, a defendant’s case is “bound over” to the Grand Jury. It then makes its findings and returns either a True Bill of Indictment or, the far less frequent No True Bill, if it does not find that further prosecution is warranted.

and well-reasoned suggestions for a safer, healthier and better educated community.

The Grand Jury serves a vital function in the justice system by ensuring that before an accused is prosecuted in criminal court the prosecution’s case is vetted by a panel of jurors chosen from a venire that fairly reflects the Davidson County citizenry.

The Nashville Bar Journal is the Nashville Bar Association’s official bi-monthly magazine—published exclusively for NBA members—that

In addition to closed meetings, Grand Jury proceedings are also ex parte; as the accused has no right to appear and present evidence, or even to be notified that an investigation is ongoing. However, there is no prohibition from the accused requesting to appear or seeking to present evidence for consideration with the approval of the jurors. Whether the case originates in General Sessions or is directly presented, the Grand Jury function is the same, and, either by presentment or indictment the accused will be brought into Criminal Court for arraignment.7

The six Davidson County Criminal Court Judges rotate oversight of the Grand Jury for a three-month period. The assigned Judge impanels and charges the grand jury, appoints a Foreperson, and schedules speakers and tours of government facilities. The Foreperson’s duties include “ferreting out crime” and voting with the grand jurors toward the twelve votes necessary for an indictment.

Importantly, each Grand Jury must prepare a report of its services and experiences during the term. These reports are available to the public.8 This writer directs you to the July-Sept 2022 term in which the Grand Jury reviewed 662 cases. This Grand Jury, with Mr. Parker Toler serving as Foreperson, drafted an especially detailed report containing thoughtful complaints

HON. CINDY CHAPPELL presides over the Criminal Court, Division VI. Before assuming the bench in 2022, she was in private practice for 29 years. Judge Chappell received her B.A. in Psychology from Rhodes College and her J.D. from the University of Memphis Law School.

Endnotes

1 https://www.sanmateocourt.org/court_divisions/ grand_jury/history.

2 Tenn. R. Crim. P. 6(a)

3 Article 1, Section 14

4 T.C.A. § 40-12-102

5 Tenn. R. Crim. P. 6(d).

6 Tenn. R. Crim. P. 6(e).

7 Impeachment, the third manner of charge, is rarely used.

8 https://trialcourts.nashville.gov/grand-jury-reports/

Editorial | Cornerstones of Democracy

their shared “philosophical starting point,” which allowed them to have a rational argument by “appealing to the first principles” of their colleagues instead of “merely shouting at each other or talking past each other.”27 If more than half of Americans can’t even name the three branches of government, it’s no wonder so many conversations feel like shouting matches instead of reasoned discussions toward a common goal.

Many civic-education efforts are already underway in Tennessee’s legal community. The Tennessee Supreme Court started the Supreme Court Advancing Legal Education for Students (SCALES) program in 1995. With the help of local judges and Bar members, the Court has given thousands of Tennessee high school students the opportunity to see the Court in action and gain a deeper understanding of the role of the judiciary. Our intermediate appellate courts and trial courts are engaged in similar efforts, and the Tennessee Bar Association and many local bar associations host mock-trial tournaments, essay contests, and other creative programs designed to increase the civics knowledge of Tennessee’s students. There is still more that can be done, and I encourage all of us to look for opportunities to collaborate going forward.

JUSTICE SARAH K. CAMPBELL was confirmed as the newest member of the Tennessee Supreme Court on February 10, 2022.

Justice Campbell previously served in the Tennessee Attorney General’s Office as Associate Solicitor General and Special Assistant to the Attorney General and as an associate at Williams & Connolly LLP in Washington, DC. She also served as a law clerk for Justice Samuel A. Alito, Jr. on the United States Supreme Court and Judge William H. Pryor Jr. on the U.S. Court of Appeals for the Eleventh Circuit.

Endnotes

1 Civility, OxfOrd English dictiOnary OnlinE (3d ed. 2023) [hereinafter Civility], https://www.oed.com/view/ Entry/33581 (last visited May 22, 2023).

2 Id.

3 See generally Richard Brookhiser, Rules Of Civility: the 110 PReCePts that Guided OuR fiRst PResident iinWaR and PeaCe (1997).

4 Id. at 4.

5 Id.

6 Id. at 28.

7 Id.

8 Id. at 41.

9 Id. at 57.

10 Id. at 80.

11 Civility, supra note 1.

12 Id.

13 Id.

14 edWaRd shils, Civility and Civil sOCiety, in the viRtue Of Civility: seleCted essays On libeRalism, tRaditiOn, and Civil sOCiety 63, 79 (Steven Grosby ed., 1997).

15 Id.

16 Tenn. Sup. Ct. R. 8, RPC 1.3.

17 Tenn. Sup. Ct. R. 8, RPC 1.3, cmt. 1.

18 Id.

19 Tenn. Sup. Ct. R. 10, RJC 2.8.

20 Justice Ruth Bader Ginsburg, Remarks for the Second Circuit Judicial Conference 2–3 (May 26, 2016) (transcript available at https:// www.supremecourt.gov//speeches/remarks%20 for%20the%20second%20circuit%20judicial%20 conference%20may%2025%202016.pdf)

21 Id. at 3.

22 Id. at 8.

23 Id. at 9–10.

24 See, e.g., Derek A. Webb, The Original Meaning of Civility: Democratic Deliberation at the Philadelphia Constitutional Convention, 64 S.C. L. Rev. 183, 192–93 (2012).

25 Americans’ Civics Knowledge Drops on First Amendment and Branches of Government, annEnbErg Pub. POl’y cEntEr, univ Of Pa (Sept. 13, 2022), https:// www.annenbergpublicpolicycenter.org/americans-civics-knowledge-drops-on-first-amendment-and-branches-of-government/

26 Id.; Americans’ Knowledge of the Branches of Government Is Declining, annEnbErg Pub. POl’y cEntEr, univ Of Pa (Sept. 13, 2016), https://www.annenbergpublicpolicycenter.org/knowledge-of-the-branches-ofgovernment-is-declining/

27 Webb, supra note 24, at 207.

Mark Your Calendar

June 10 | NBA Family Zoo Day

@ Nashvile Zoo at Grassmere

June 24 | Pride Parade with the NBA Diversity Committee

@ Downtown Nashville

July 11 | Diversity + YLD Summer Associate Happy Hour

August 18 | 25th Annual Carbolic Smoke Ball

@ Anzie Blue

September 28 | Member Picnic

@ Walk of Fame Park

October 21 | YLD 20th Annual DISCO Race Judicata

@ Edwin Warner Park

November 16 | Fall Memorial Service

@ Downtown Presbyterian Church

December 6 | Annual Meeting & Banquet

@ Music City Center

A Letter on Civility

Dear Nashville Bar,

Thank you. Thank you so very much for your kindness and grace. I have been blessed and impressed with your collegiality and your civility.

And that matters.

From my earliest days as a baby lawyer, I realized that I loved being in the courtroom. I loved the exhilaration of cross-examining adverse witnesses or arguing legal points to a skeptical judge. For the past nine years as an appellate litigator, I have loved every moment standing at the podium in front of a panel of esteemed jurists to do battle with some of the brightest attorneys in Tennessee.

But that is not why I love being in the courtroom. The real reason that I love to be in court is that I love being around my fellow attorneys in that setting. It is the camaraderie of the bar, the respect and the banter, the kindness and goodness of my fellow attorneys (and our judges) that makes the courtroom feel like home to me. And when is the last time you heard someone mention the “goodness” of attorneys? But it is true—our bar is blessed with exceptional people of character.

Opposing counsel have made me laugh out loud in the courtroom, and they have shown me respect outside of it, even when it was not deserved. I have had opposing counsel concede issues after investigation, and I have had opposing counsel forgive me for missteps and misstatements. And I have witnessed counsel make significant personal sacrifices for their clients or to assist the court.

I suspect most of us who have grown up litigating in Nashville

have had many such experiences. I wish all of us could experience such congeniality with our professional colleagues. Unfortunately, the experience is not universal. For example, I have a brother who practiced for a time in the California courts. I thought he would be a natural in court, but he quickly learned to despise the courtroom—mostly because of his experiences with his fellow attorneys. Many were mean or callous, and some were dishonest. There was no joy in working with lawyers like that.

I am sure many of you, like me, have friends or classmates who practice in other jurisdictions. And I am sure you, like me, have heard of their experiences trying to work with the obstreperous attorneys in their bar. In fairness, there are times when I have been frustrated with the conduct of some of my fellow Nashville attorneys. But I can also say that, with extremely few exceptions, we were able to work through the frustrations and, at the end of the day, we could still look at each other with mutual respect.

I used to believe that other jurisdictions lacked civility due to the size of their bar. How could lawyers learn to appreciate each other if they did not know each other and interact with each other? But now I find myself praying that size alone will not destroy the civility and camaraderie of the local bar. If so, Nashville is doomed. Its legal community is growing fast.

I am not alone in my concern about the continued vitality of Nashville’s remarkable legal culture. Just last month, Tennessee Supreme Court Justice Sarah Campbell presented a Law Day ad-

(continued on page 26)

FOREIGN LANGUAGE “REAL TIME”

TRANSLATION | Bill Ramsey & Phillip Hampton

than real-time translation. Most are human-generated or at least checked by humans for accuracy, Some of the best services are: TransPerfect, Rapid Translate, Gengo, The Word Point, or the American Translators Associations. We do not have any experience with the more formal services.

On the other hand, we have used Google Translate, Apple Translation, and Microsoft Translation. We like all three for providing more informal (and less accurate) translations in real-time. And they each keep getting better.

gaining ground on Google in our opinion. Both will continue to advance as the use of Artificial Intelligence continues to improve.

Apple Translate continues to lag behind, as much as Bill hates to admit it. It is not as accurate. It does not support as many languages as Google or Microsoft. And, it is not available on Android devices. So, you can really only have real time online discussion with others who are using Apple devices. Google and Microsoft are much more flexible.

Machine vs Software vs “Roll Your Own”

We like to travel – in the US or to other countries, continents or even islands. Many times the people you interact with do not speak English, especially Bill’s southern drawl English. And, even in the US, not everyone is a native speaker of English. So, you have three choices when you encounter someone who does not speak your native language. You can use a computer or cellphone-based translator (usually using the “Cloud”), or you can use a specialized device for translation, or you can “roll your own” and learn to speak the other language. We have tried each method. Here are our non-expert thoughts on the matter.

Computer or Cloud-Based Translation

There are many, many translation services on-line. Most are beyond the scope of this article. If you need to have a legal document accurately translated, you need these services which are more precise and accurate

Each of these are made a part of their respective ecosystems. For example, Apple Translate works with iPhones, iPads, and Macs. Google Translate works with Android phones, the Google Search engine, Chrome OS, and so on. Microsoft Translate works with Office, the Edge Browser, Bing, Teams, etc. They all work relatively well, but we like Google Translate the best for many reasons.

For example, the Google Translate App has just been updated to allow use by Apple iOS users and more space to type in text and use Google Lens to recognize and translate photos of signs, store fronts, billboards, etc. It also has added “context to translation” so it can discern the difference between a “novel” idea and a “novel” that is a book. And the list goes on.

The Microsoft Translator App is being redesigned as well to provide more accuracy and features. For example, it now has translation for more languages than Google. It will also work on iPhones or Android devices. There are three versions: one for personal use, one for business use and one for educational use. Microsoft is

Dedicated Single-Use Translators

There are many of these devices for sale. There are so many, in fact, that there are at least twenty such devices for sale on Amazon. The beauty of these devices is that they work off-line. They do not need an internet connection to provide accurate translation. Google Translate, Apple Translation, and Microsoft Translation work, to a certain extent offline, but not as well as these standalone devices.

Our favorite in this category is the TimeKettle WT2 Edge translator with earbuds. Our runner up is the ili instant offline translator. Both are available on Amazon, and theTimeKettle with the earbuds costs about $350. The ili costs about $170. We played with both devices at CES. The TimeKettle set up is less clunky and works well with the earbuds. It also has more available languages. The ili only works downloads translation dictionaries for English to Spanish, Mandarin, and Japanese. But, the ili is very fast for the languages it supports. It translates words in .2 seconds.

(continued on page 34)

YLD ART CONTEST WINNERS

First row, left to right:

Stella Kirk, 3rd Grade, Crockett Elementary School

Caleb Bryant, 2nd Grade, Hull Jackson Montessori School

Second row, left to right:

Charlotte Bryant, 4th Grade, Hull Jackson Montessori School

Carter Bryant, 5th Grade, Hull Jackson Montessori School

Third row:

Cathalene Barlow, 11th Grade MNPS Early College High School

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.

JULY 24 | VIRTUAL SEMINAR

THE BILL & PHIL SHOW 2023: TECH SIMPLICITY IS THE KEY OVERVIEW

As technology has evolved over the past few years, some tech hardware and apps have become so complicated to render them almost useless for regular users. Bill and Phil have always employed the KISS (Keep It Simple Stupid) principle when choosing which technologies to deploy. The focus of this presentation is on new and re-imagined gadgets, tips, tools, and apps that are simple to use and actually make work/life more efficient and enjoyable.

PRESENTERS

Phillip Hampton

Bill Ramsey

Neal & Harwell

DETAILS

NBA ONLINE SEMINARS

Personalized Learning on Your Schedule

Did you know?

On-demand CLEs are just a click away through NashvilleBar.org/DistanceLearning! Choose from the following relevant and focused topics.

Animal Law | Corporate | Criminal Law | Business | Depositions | Diversity | Elder Law | Election Law | Environmental | Estate Planning | Ethics | Family Law | Federal Practice | Government | Guardian Ad Litem | History | Immigration | Meteorology | Probate | Real Estate | Solo & Small Firm | Technology | Trial Pratice

Seminar

12:00 – 1:00pm Credit 1.0 Dual CLE per Seminar Location Virtual (Zoom)

CIVICS, CIVILITY, AND COLLABORATION: A BEACON OF HOPE

In October 2022, a New York Times/Siena College poll found that only 63% of American adults have faith in the democratic process, a horrifying statistic that raises concerns about the future of American democracy. To many, it seems that the building blocks of American democracy are being forgotten in favor of petty squabbles, a depressing spiral that has disillusioned many from our democratic process. Despite the divisions of American society, there are still reasons to believe in the American people’s ability to come together through continued successes from the past and present that, if driven by the American people, can build hope and our democracy prosperous for the future.

Much of the division that seems to dominate our society and government stems from a lack of public education about civics and the basic systems of American democracy. Both James Madison and Thomas Jefferson were outspoken in their support for a populous educated on systems of government and civics in general, though it seems their efforts have not come to pass. According to a 2016 survey by the Annenberg Public Policy Center, a mere 26% of Americans could name the three branches of government. Combined with America’s low voter turnout, these alarming numbers seem to spell doom. Some states, however, are providing reason for hope through new laws that require increased levels of civics education. Colorado and Idaho, for example, have started requiring more civics education, and both are seeing students achieve higher scores than their neighbors on tests that measure knowledge of the American government. These states have also seen higher than

average levels of voter participation, showing reason to hope that improved civics education may result in improved civic participation. Aside from education, much fear about the state of democracy has arisen about the behavior of political candidates, and whether they will continue to honor norms of civility likeconceding election losses. Following the extremely close and bitterly contested 2000 presidential election, Vice President Al Gore went on national television to concede the election and urged his supporters and all Americans to “unite behind our next president.” Yet just 20 years later, the 2020 election was marked by controversy, alleged fraud, no concession by the loser, and even violence. However, when we focus on the extreme examples, we forget that the vast majority of races remain civil once they’ve concluded. In the 2022 midterms, in high-stakes contests in Pennsylvania, Georgia, and Nevada, the losing candidates all conceded, despite all three having previously made false claims about the validity of the 2020 election. Further, three election-denying candidates for governor in the swing states of Arizona, Michigan, and Wisconsin all were defeated in their elections. Although legitimate fears persist, the 2022 elections saw an unprecedented repudiation of election-denying candidates. Voters showed that democracy is an issue Americans are ready to fight for and that candidates still remain willing to keep elections civil. Even when candidates are civil, many worry that our government seems constantly hampered by partisan fighting and a lack of collaboration. With three government shutdowns happening in

(continued on page 24)

VOLUNTEER FOR DIAL-A-LAWYER

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 Traci.Hollandsworth@nashvillebar.org.

Pro Bono credit applies, and a complimentary dinner is provided.

Thank you to our April/May volunteers!

OLIVIA AL-SADI

GINA CRAWLEY

CHRIS HUGAN

TOM LAWLESS

LEGISLATIVE COLUMN Capitol Notes |

Peggy Sue, the Beagle Hound

and Mike, the six victims of the Covenant School shooting, the State Senate passed SB 822 by Hensley / HB 1189 by Fritts granting immunity to firearms and ammunition manufacturers and retailers from civil liability actions except in very limited circumstances. Surprisingly, after pleading with lawmakers, to no avail, to enact extreme risk protection order legislation limiting access to firearms, Governor Lee signed SB 822 / HB 1189 into law on May 11, 2023. Maybe it’s true how they say some dogs will turn around…

Six. Yes, six separate pieces of legislation have passed both houses as the Tennessee General Assembly continues to punish the Metropolitan Government of Nashville and Davidson County after the Council refused last year to bid on the 2024 Republican National Convention. Here they are:

1) Chapter 21 (SB 87 by Watson / HB 48 by Lamberth) reduces the size of the Metropolitan Council from 40 to 20. The Chancery Court has issued a temporary injunction, and the upcoming 2023 Council elections will go forward for a 40 member Council.

2) SB 591 by Pody / HB 764 by Davis restructures community police oversight boards. The bill delegates the investigatory authority of the board to the local police department’s internal affairs unit and removes the subpoena power of any board.

3) SB 648 by Johnson / HB 1279 by Davis requires that any excess tax revenues from Nashville’s Music City Convention Center be used only for the payment of capital, operating, or maintenance expenses. The nine member center board also has three new nonvoting ex officio members, the state comptroller, treasurer, and secretary of state.

4) SB 832 by Lundberg / HB 864 by Crawford in an ironical twist requires a

simple majority vote of the Council for any improvements to or replacement of the Nashville Speedway. Racing supporters had worked hard to revise the Metro charter with an amendment in 2011 requiring a 27 vote super majority for any improvements to or replacement of the Nashville Speedway. In March, the Bristol Motor Speedway obtained a lease to manage and operate the local track, and clearly, they found the super majority vote requirement to be cumbersome.

5) SB 1326 by Bailey / HB 1176 by Garrett restructures the membership of the Metro Nashville Airport Authority Board. Instead of seven members appointed by the Mayor, the board will now have eight members with two each appointed by the Governor, the House Speaker, the Senate Speaker, and the Mayor.

6) SB 1335 by Bailey / HB 1197 by Williams restructures the membership of Metro Nashville Sports Authority. Seven of the current 13 longest tenured locally appointed members will remain, but the authority will have six new members with two each appointed by the Governor, the House Speaker, and the Senate Speaker.

Another curious little bill. While the city was still mourning the deaths of Evelyn, Hallie, William, Katherine, Cynthia,

Wag of the Tail. Congratulations to Buddy Holly, the Petit Basset Griffon Vendeen, who won Best in Show at the 147th Westminster Kennel Club Dog Show in New York City. And we should note that this is the second year in a row, that a dog from the Hound group has won the honor after Trumpet the bloodhound won last year.

Calendar Notes.

State and NBA offices will be closed on Tuesday, July 4, 2023, for the Independence Day Holiday.

The voter registration deadline for the August 3 Metro election is Wednesday, July 5, 2023.

Early voting for the August Metro election runs from July 14 through July 29, 2023.

Governor Lee has announced his intention to call the General Assembly into Extraordinary Session on August 21, 2023, to strengthen public safety and preserve constitutional rights. n

PEGGY SUE is fond of the

“That dog will turn around and bite you.”

the past decade alone, it seems like simply keeping our government functioning has become a partisan question. Yet partisan fighting has not always been the biggest challenge to collaboration. In the civil rights era, progress was often stymied, not by partisan opponents, but by ideology opposed members of the party in power; while the three presidents that pushed hardest for civil rights were Democrats, the fiercest opposition to civil rights came unilaterally from southern members of their own party. Collaboration between parties was therefore key to passing historic civil rights laws. Today, though it may be faint as of now, there are still signs of collaboration and bipartisanship in congress that provide a glimmer of hope. In 2021, as Joe Biden nominated his cabinet, there was fear that the confirmations could become fights that would stop the basic act of appointing the executive branch from proceeding routinely. Despite the deadlocked 50-50 Senate, only a single confirmation vote came down to a party line vote, and almost all the confirmations netted above 80 votes in favor. It may not be the norm, but collaboration is still possible.

While it may seem that American democracy is facing a crisis, the ideals of civics, civility, and collaboration remain a beacon of hope. Civic education policy can work to bring up a new generation that is knowledgeable and prepared to help our democracy function. At the polls, voters are choosing civility in politics over false claims of fraud. Despite deep ideological differences, collaboration can still be found in our political process. Throughout its history, America has overcome challenges through commitments to the ideals of civics, civility, and collaboration. American Citizens have a responsibility to continue these commitments in order to meet the challenges of today and into the future.

NBA FAMILY NEWS

In a 2004 Nashville Bar Journal , it was announced that our Programs & Events Coordinator, Traci Hollandsworth, welcomed a baby girl. This May, that baby girl graduated high school!

In May, NBA President, Gulam Zade, welcomed a baby boy!

In April, our CLE Director, Cameron Adkins welcomed a baby boy!

ELLIOT WATSON is the winner of the 2023 YLD Law Day Essay Contest winner. He is in 10th grade, attending Hume-Fogg Academic Magnet High School.

Eliot Watson and father, Jay Watson, at the 2023 Law Day Lunch.

bar BITES |

Adrienne Bennett Cluff, NBA Marketing & Communications Coordinator

BUTTERNUT SQUASH PASTA SAUCE

Kitchen Notes

This pasta sauce is so easy and customizable, it has the potential to be an everything-but-the-kitchen-sink recipe when you want to clean out your fridge and a great way to sneak extra vegetables into a meal.

Ingredients

4 Garlic Cloves

1 Yellow Onion

Directions

Turn your oven on to bake at 400 F.

While the oven preheats, dice your butternut squash (or skip this step by buying pre-cut or frozen), halve your grape tomatoes, peel and halve garlic cloves and yellow onion. To sneak in extra vegetables, you can add carrots, more squash, or even broccoli and cauliflower.

Place the squash, tomatoes, garlic, onion, and any other diced items into a sheet pan or casserole dish – just something they can roast in.

1 Butternut Squash

Grape Tomatoes

Olive Oil

Salt

Pepper

1/2 Cup Milk

1 Cup Chicken or Vegetable Stock

Herbs and spices I use vary, but typically include:

Basil

Oregano

Sage

Rosemary

Liberally drizzle olive oil onto the pan’s contents and add your spices, then toss. In my kitchen, fresh or dried spices depend on how far ahead I’ve planned or how quickly I want to get this in the oven.

Once seasoned, place the pan in the oven for about 20 minutes or until you can hear it sizzling. The squash should be browning and soft, and the tomatoes should be starting to blister.

Once done roasting, take the pan out of the oven. Pour the contents into a heatfriendly food processor or a deep pot if you’re using an immersion blender. Add the milk and blend. As the consistency becomes smoother, add your stock until the sauce reaches the desired consistency.

Add to pasta of your choice and enjoy!

LAWYER REFERRAL & INFORMATION SERVICE

dress to the Nashville Bar about the need for civility and how to maintain it. (Her remarks can be found in this issue at Page 7.)

Other jurisdictions sensing a decline in the civility of the bar have adopted proactive measures. For example, the Utah bar adopted a “Lawyer’s Oath” that every lawyer must take “upon licensure.”1 That oath reads as follows:

I do solemnly swear that I will support, obey and defend the Constitution of the United States and the Constitution of Utah; that I will discharge the duties of lawyer and counselor at law as an officer of the courts of this State with honesty, fidelity, professionalism, and civility; and that I will faithfully observe the Rules of Professional Conduct and the Standards of Professionalism and Civility promulgated by the Supreme Court of the State of Utah.

Id. (emphasis added). I love the reminder that an officer of the court has a duty to act with honesty, fidelity, professionalism, and civility.

Are you looking for another avenue for revenue and referrals, specifically those tailored to your practice area?

If so, the NBA Lawyer Referral & Information Service needs you. We are currently in need of attorneys who handle issues such as:

Civil Rights

Employment

Evictions

Immigration

Landlord/Tenant

Workers’ Compensation

For information on joining the LRIS, contact LRIS@nashvillebar.org. We look forward to hearing from you!

THE EXCLUSIVE REFERRAL SERVICE FOR THE NBA

Those same ideals are included in Tennessee’s own Rules of Professional Conduct.2 (“These principles include the lawyer’s obligation zealously to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous, and civil attitude toward all persons involved in the legal system.”). But there is nothing so direct as Utah’s Lawyer’s Oath. Nor are new Tennessee attorneys required to recite such an oath upon admission to practice.

I do not know if such a Lawyer’s Oath is required to maintain the core civility that has, for me, defined the character of legal practice in Nashville. But I do know that my career has been the better for the presence of such civility. And I pray that Nashville will find a way to maintain this aspect of its character even as the legal market continues to expand.

This article represents the opinions of the author and not necessarily those of the Office of the Tennessee Attorney General and Reporter.

JONATHAN WARDLE is an Assistant Attorney General in the Criminal Appeals Division of the Office of the Tennessee Attorney General, serves on the NBJ Editorial Committee and is a Fellow of the Nashville Bar Foundation.

Endnotes

Spring Happy Hours | April 2023

NBF Fellows Gala | May 2023

Golf Tournament | May 2023

First Flight Winners:

1 st place – Brian Shelton, Mark Donnell, Jeff Switzer, Brett Carter

2 nd place – Jason Dollard, William Mayfield, Christian Cooper, Dave Mayer

Second Flight Winners:

1 st place – Cathy White, Josh McKee, Charles Parrish, Eric Hayes

2 nd place – Dan Haskell, Lance Jennings, Gabriel Ragsdale, Matt Haskell

Longest Drive: Mark Kilgore

Straightest Drive: Dave Mayer

Closest to Pin (male): Scott Thorsen

Closest to Pin (female): Cathy White

HONORS & AWARDS

Baker Donelson attorney Tenia Clayton has been selected for inclusion in The National Black Lawyers Top 40 Under 40 in the state of Tennessee. Clayton, an associate in Baker Donelson’s Nashville office, is a health care attorney with a focus on transactions and other corporate matters as well as regulatory and compliance matters. She advises clients in a variety of transactional matters including mergers and acquisitions, due diligence, and closings. Her clients include an array of health care organizations such as hospitals, ambulatory surgery centers, behavioral health facilities, and physician-owned practices.

ON THE MOVE

Bradley Arant Boult Cummings LLP is pleased to announce that Alex Huffstutter has joined the firm’s Intellectual Property Practice Group as a senior attorney. Huffstutter is a registered patent attorney focusing on electrically based patent prosecution and mechanically based patent prosecution. He regularly prosecutes design patents for clients across a variety of industries, and his experience includes technical innovations in electrical engineering, graphene synthesis and hydroponic inventions for the expanding cannabis industry.

Baker Donelson Adds 5 Associates in the Nashville office. Jordyne C. Johnson assists clients with construction litigation and arbitration matters, including complex commercial construction disputes involving breach of contract, wrongful termina-

Honors & Awards, On the Move, Firm News

tion, construction defect, delay, differing site conditions, extension of time/additional work, and lien and bond claims. Ryan P. Loofbourrow represents clients in state and federal courts throughout Tennessee. He has conducted trials in the general sessions and circuit courts, prevailed on summary judgment on business litigation disputes and motions to dismiss at both the state and federal levels in breach of contract cases and tort cases, and negotiated favorable settlements at all levels. Dominic Rota is member of the Firm’s Intellectual Property Group. As a Registered Patent Attorney, Rota has prosecuted patents before and through the United States Patent and Trademark Office. Jack Ritossa and Sarah Sexton focus their respective practices in the areas of corporate matters and mergers and acquisitions.

The law firm of Gullett Sanford Robinson & Martin PLLC (GSRM Law) is pleased to announce the addition of attorney William E. Blackstone to the firm. He joins the firm from Goodman Callahan Blackstone PLLC and will practice in the firm’s Wills, Trusts and Estates and Tax Sections. Blackstone has counseled high-net-worth individuals and families in the areas of business and tax planning, including estate planning, asset protection, and charitable giving for more than 30 years. A particular focus has been on the challenges of successfully transitioning ownership of

family businesses and legacy properties from one generation to the next.

Patterson Intellectual Property Law, a Nashville-based law firm, has welcomed two new attorneys, Wesley Barbee and John Willis Stevens . Barbee is a registered patent attorney whose practice areas will include patent prosecution, portfolio management and intellectual property litigation. Prior to joining Patterson IP Law, Barbee was a product development engineer and gained experience in a wide range of technologies, including fixed-wing aviation platforms and manufacturing. Stevens received his B.S. degree in mechanical engineering from The University of Alabama in 2019 and J.D. degree from Belmont University College of Law in 2022. His areas of concentration will be trademarks, copyrights and trade secrets.

FIRM NEWS

Bradley Arant Boult Cummings LLP is pleased to announce that the firm was named the Benchmark Litigation 2023 USA Awards Tennessee Firm of the Year. Honorees were recognized at an awards ceremony in New York in March. The Benchmark Litigation USA Awards recognize the country’s most distinguished litigators and firms in each state based on the significance of their representations from the past year. The awards highlight the most impactful cases, the lawyers and law firms behind them, and the litigators who helped pave the way.

The Patent Lawyer Magazine has named Stites & Harbison, PLLC to the 2023 Top 10 Patent Firms and IP Practices in North America – South list. This is the firm’s second year being honored. The editorial

Hearsay |

and research staff at The Patent Lawyer Magazine reviews law firms by country and jurisdiction based on a variety of criteria for the Top 10 lists. Examples of research criteria include recent legal achievements, recognition by third party rankings and honor directories, client testimonials, regular articles or presentations on timely topics and active participation in intellectual property organizations.

Baker Donelson has named Michaela D. Poizner , a shareholder in Baker Donelson’s Nashville office, as chair of the Firm’s Health Law Group, one of the largest health law practices in the country. Poizner assumes the role from previous co-chairs Ashby Q. Burks and S. Craig Holden, both of whom are returning to a full-time focus on their health law practices. While serving as the group’s chair, she will maintain her legal practice focused on working with provider organizations in the behavioral, medical, and long-term health care industries to accomplish their operational compliance and strategic business goals. Poizner, who also founded the Firm’s Behavioral Health Initiative, assists clients in buying and selling health care assets and guides them through matters ranging from privacy and security concerns and fraud and abuse analysis to development of policies and procedures and navigation of licensure and Medicare enrollment.

Gordon Rees Scully Mansukhani is pleased to announce the addition of Marcus W. Shute, Jr. as Of Counsel to the firm's Nashville, Tennessee office. He is a member of the Business Transactions, Cannabis, Hemp, & CBD, Entertainment & Recreation Law, Government Regulatory & Administrative Law, In -

Honors & Awards, On the Move, Firm News

tellectual Property, Retail & Hospitality, Wealth Management, Probate & Asset Protection practice groups. His experience spans complex business litigation and matters involving employment and professional liability. Shute advises clients on various matters and assists in branding, planning, prosecuting, and defending against intellectual property infringements, arbitrations, and appeals.

The law firm of Baker Donelson has received the American Bar Association (ABA) Section of Litigation’s 2023 John Minor Wisdom Public Service and Professionalism Award. This prestigious national award is presented in recognition of outstanding contributions to the quality of justice in legal communities, ensuring that the legal system is open and available to all. Baker Donelson received the award at a luncheon during the 2023 Section of Litigation Annual Conference in Atlanta, Georgia, on April 20. In addition to its global pro bono work, Baker Donelson was recognized for creating Free Legal Answers (FLA) in 2010 and for the Firm’s efforts to provide access to legal representation for those experiencing homelessness. After several states and local jurisdictions adopted the program, Baker Donelson worked with the ABA to grow FLA into the national program that it is today.

Bradley Arant Boult Cummings LLP is pleased to announce that A.J. Bahou and Blake Bernard have joined the firm’s Nashville office as partners in the Intellectual Property Practice Group. Bahou is a registered patent attorney, trial lawyer, mediator and arbitrator with more than 20 years of experience in the areas of electrical and computer engineering technologies, in -

cluding artificial intelligence, virtual reality, medical devices, blockchain, computer hardware, software, and internet security systems. Bernard concentrates his practice on patent and trademark prosecution and enforcement of intellectual property rights in the areas of patent, copyright, trademark and trade secret law. He primarily prosecutes patents in the mechanical, electromechanical and industrial arts. Prior to joining Bradley, Bahou and Bernard were partners at an AmLaw100 firm in Nashville.

Spencer Fane Bone McAllester is pleased to announce Jason Byrd has joined the Corporate and Business Transactions practice group as an of counsel attorney in Nashville. Byrd’s private practice focuses on assisting businesses of all sizes with the transfer of assets and equity; negotiation of national vendor service agreements; drafting and negotiation of franchise, licensing, and distribution agreements and related documents; and compliance with state and federal regulatory requirements for franchisors and franchisees.

Baker Donelson has earned the Minority Corporate Counsel Association (MCCA) Approved 2023 GOLD Seal in recognition of the Firm’s efforts in diversity, equity, and inclusion (DEI). Baker Donelson’s Chief Diversity Officer and Inclusion Officer Mark A. Baugh said, “We are proud to receive this designation from MCCA. It recognizes our ongoing commitment to developing sustainable DEI strategies to help corporate America know better, do better, lead better, and ultimately transform and deepen our dedication to fostering a diverse, inclusive, and welcoming legal profession.”

FOREIGN LANGUAGE “REAL TIME”

TRANSLATION |

“Roll Your Own” and learn the language

Bill Ramsey & Phillip Hampton (continued from page 17)

Of course, you can do it the old fashioned way and learn the language yourself. Learning the language yourself is very rewarding, but, it will take a lot of time and commitment. For example, Bill has been using Duolingo to learn Spanish for two years and all he can say is “Tequila” and “Cinco de Mayo.” There are numerous choices in this category. The ones that get the best reviews are Duolingo, Babbel, Rosetta Stone and Pimsleur. Bill likes Duolingo because it is free and has a fun and game-playing, almost silly interface.

However, most reviewers now prefer Rosetta Stone. It is good for beginners. It forces you to enjoy studying at least 30 minutes per day, causing you to learn much faster. Duolingo

does not require, nor force, that level of time commitment, and, as a consequence, you learn slower.

Whatever path you choose, enjoy your travels to places where different languages are spoken this summer.

Adios, Bill and Phil n

RESERVE OUR FACILITIES

The NBA offers its conference rooms to be used for arbitrations, mediations, meetings, depositions, and other events for attorneys who need a convenient place to meet in downtown Nashville.

We have a spacious Conference Center and a smaller Board Room—both of which have WiFi access, a computer, and phone—available for your use. For more information, contact Vicki.Shoulders@nashvillebar.org or visit NashvilleBar.org/ReserveOurFacilities.

Thank You for Your Membership!

The NBA Premier Membership recognizes those 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 Ashworth

Bahar Azhdari

Laura Baker

Dan Berexa

Michael Berman

Mark Beveridge

Hon. Joe Binkley

Hon. Melissa Blackburn

Charles Bone

Dewey Branstetter

Hon. Joe B. Brown

Kenny Byrd

Chris Cardwell

Loy Carney

Mark Chalos

Will Cheek

Jeff Cherry

Daniel Clayton

Seth Cline

Todd Cole

Chris Coleman

Grover Collins

John Day

Joy Day

Jackie Dixon

Sherie Edwards

Mandy Floyd

Lora Fox

Keith Frazier

Barry Gammons

Dave Garrison

Andy Goldstein

John Griffin

Bill Harbison

Aubrey Harwell

Trey Harwell

Paz Haynes

Lisa Helton

Paul Housch

Joseph Hubbard

Jan Jennings

Andrew Kaufman

Jordan Keller

Chris Kelly

Jenny Kiesewetter

John Kitch

Bill Koch

Irwin Kuhn

Ed Lanquist

Tom Lawless

Wendy Longmire

Kim Looney

Christina Lopez

Hon. Randal Mashburn

Sam McAllester

Hon. Amanda McClendon

Hon. Carol McCoy

Bob Mendes

Margaret Moore

Hon. Pat Moskal

Phil Newman

Paul Ney

Andrew Noell

David Parsons

Greg Pease

Andrea Perry

Tracy Powell

David Raybin

Ben Raybin

David Ridings

Nathan Ridley

Worrick Robinson

Chris Sabis

Marie Scott

Joe Shelton

Kimberly Silvus

Martin Sir

Liz Sitgreaves

Eric Smith

Laura Smith

Saul Solomon

Mike Stewart

Gerard Stranch

Jim Stranch

Chris Tardio

Hon. Jim Todd

Hon. Aleta Trauger

Howard Vogel

Michael Wall

Tim Warnock

Liz Washko

Jim Weatherly

Carolyn Wenzel

Tom White

Tom Wiseman

Talley Wood

Ed Yarbrough

Bill Young

Stephen Young

Gulam Zade

Stephen Zralek

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Adams and Reese, LLP

Anderson & Reynolds, PLC

Baker Donelson

Bradley

Brewer, Krause, Brooks, Chastain & Meisner, PLLC

Butler Snow, LLP

Cole Law Group, P.C.

Constangy, Brooks, Smith & Prophete, LLP

Cornelius & Collins, LLP

Dickinson Wright, PLLC

Dodson Parker Behm & Capparella, PC

Equitable Trust Company

Evans, Jones & Reynolds, PC

Farris Bobango, PLC

Fisher & Phillips LLP

Frazer PLC

Grissim & Hodges

Hall Booth Smith, PC

Healthcare Realty Trust, Inc.

Herzfeld, Suetholz, Gastel, Leniski, and Wall PLLC

Holton & Mayberry, PC

Jeffery S. Roberts & Associates, PLLC

Kay Griffin, PLLC

Keller, Turner, Andrews & Ghanem, PLLC

Kinnard Law

Klein Solomon Mills, PLLC

Latitude

Law Offices of John Day, PC

Legal Aid Society of Middle TN

Leitner, Williams, Dooley & Napolitan, PLLC

Lewis Thomason, P.C.

Lieff, Cabraser, Heimann & Bernstein, LLP

Lindsey Amonette Nemer + Glassford PLLC

Martin Heller Potempa & Sheppard, PLLC

May & McKinney, PLLC

McCarter & Beauchamp, PLLC

McCracken - Kuhn, PLLC

Meridian Law, PLLC

Morgan & Akins, PLLC

Nashville Electric Service

Neal & Harwell, PLC

Nelson, Mullins, Riley & Scarborough, LLP

North, Pursell & Ramos, PLC

Ogletree, Deakins, Nash, Smoak & Stewart, PC

Ortale Kelley Law Firm

Parker, Lawrence, Cantrell & Smith

Patterson Intellectual Property Law, PC

Pepper Law, PLC

Rainey, Kizer, Reviere & Bell PLC

Raybin & Weissman, PC

Reno & Cavanaugh, PLLC

Riley & Jacobson, PLC

Rogers, Shea, Spanos

Rudy Winstead Turner PLLC

Shackelford, Bowen, McKinley & Norton, LLP

Sherrard Roe Voigt & Harbison, PLC

Sims|Funk, PLC

Smith Cashion & Orr, PLC

Smythe Huff & Murphy, PC

Southern Environmental Law Center

Spicer Rudstrom, PLLC

Starnes Davis Florie, LLP

Stites & Harbison, PLLC

Stranch, Jennings & Garvey, PLLC

Sutherland & Belk, PLC

Swafford Law

Taylor, Pigue, Marchetti & Blair, PLLC

Tennessee Innocence Project

The Blair Law Firm

Watkins & McNeilly, PLLC

Wiseman | Ashworth | Trauger

Wood Stabell Law Group

Wyatt, Tarrant & Combs, LLP

I’m not sure why I waited so long to get it set up.