Nashville Bar Journal | October/November 2022

Journal

Journal

A Safer, Stronger Nashville

MARTESHA JOHNSON MOORE, Publisher

WILLIAM T. RAMSEY, Editor-in-Chief CAROLINE SAPP, Managing Editor

LAUREN POOLE, Managing Editor

ADRIENNE BENNETT CLUFF, Layout/Design/ Production

EDITORIAL COMMITTEE

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 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 Nash ville Bar Association. For more information, visit Nash villeBar.org/NashvilleBarJournal

The Nashville Bar Journal welcomes discourse. You may submit counterpoint editorials toAdrienne.BennettCluff@ nashvillebar.org to be considered by the editorial com mittee 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 fellow ship. The NBA—with 2,500+ members—is the largest metropolitan bar association in Tennessee.

FROM THE PRESIDENT

October 2022 | Martesha Johnson Moore

I cannot believe that this is my last opportunity to address you in writing as NBA President! Wow! Time really does fly! It has been a great honor to have served as President during this year of many changes. I am grateful that my fellow Board mem bers believed in my ability to lead us at this moment and elected me as President. I am also thankful to the membership body for making my Presidency possible by electing me to the Board of Directors four years ago – this has been an unforgettable experience.

Just a few short months ago, I wrote in my first article as president that 2022 would provide us an opportunity to PIVOT our focus without losing sight of our vision. That statement has certainly held true for our or ganization. Though this year was considered to be our first year of normalcy in the aftermath of the shutdowns required by the global pandemic, we have quickly learned that “normal” has a new meaning. Our leadership team has had to re-imagine how we deliver our services, particularly as it relates to member engagement and CLE offer ings. Our core team deserves recognition and appreciation for the time and effort they have devoted to implementing our post-pandemic strategic plan. Monica, Traci, Vicki, Cameron, Adrienne, and Susan have not only kept us afloat but have been champions for all of us in the quest to improve the practice of law through education, service, and fellowship. Monica, as you depart our organization, I’d like to share my sincerest thank you for your commitment to the Nashville Bar Association.

As we embark on a new journey with both Abby Sparks as our Executive Direc tor and Gulam Zade as our next President, I am mindful of the John Maxwell quote, “Change is inevitable, growth is optional.” One year was not long enough for us to ac complish all of the goals I had in mind, but we laid the foundation for the growth of our organization ahead. We have engaged our committees to help us identify the gaps in our organization and we have planned events to increase our opportunities to connect with law students. A point of personal pride for me is that we solidified our commitment to race and equity in the legal profession by establishing the Race and Equity Com mittee (birthed out of the leadership of past President, Laura Baker) as a standing committee of the NBA Board of Directors. We have hosted events that have allowed us to come together again and see just how much we have missed being able to connect in person. Our bar association is financially strong, and we are poised to soar to new heights in the days, months, and years ahead. Now more than ever, we need each other to succeed. Please continue to devote your time and ideas to the success of the NBA, we appreciate your partnership! Thank you again for this incredible opportunity!

Signing off as President, n

TUESDAYMONDAY

Board Meeting

WEDNESDAY

THURSDAY FRIDAY

NBA Diversity Committee

LAW Meeting 11:30pm

NBA Historical Committee

NBA

Ethics Committee 12:00pm

Trustees 12:00pm

Board Meeting

NBA Memorial Service

WEDNESDAYTUESDAYMONDAY THURSDAY FRIDAY

Diversity Committee 12:00pm

NBA Board Meeting 4:00pm

6:00-8:00pm

NBA Historical Committee

Board Meeting

ELECTION DAY

Ethics Committee

2022 NBA BOARD OF DIRECTORS

MARTESHA JOHNSON MOORE, President

GULAM ZADE, President-Elect

HON. MELISSA BLACKBURN, First Vice President

LIZ SITGREAVES, Second Vice President

CHARITY WILLIAMS, Secretary

FLYNNE DOWDY, Treasurer

GIL SCHUETTE, Assistant Treasurer

LELA M. HOLLABAUGH, General Counsel

JEREMY OLIVER, YLD President

MIKE ABELOW, Immediate Past President

LORA FOX, First Vice President-Elect

MARLENE MOSES, Second Vice President-Elect

BAHAR AZHDARI

CHRISTEN BLACKBURN

JAZ BOON

ERIN COLEMAN

RAQUEL EVE OLUYEMO

SAM FELKER

MANDY FLOYD

ELIZABETH FOY

MARY TAYLOR GALLAGHER

JEFF GIBSON

PAZ HAYNES

JOSEPH HUBBARD

KIM LOONEY

JUNAID ODUBEKO

KAYA GRACE PORTER

MARIE SCOTT

TIM WARNOCK

LUTHER WRIGHT

NBA TEAM

ABBY SPARKS, Executive Director

CAMERON ADKINS, CLE Director

ADRIENNE BENNETT CLUFF, Marketing & Commu nications Coordinator

TRACI HOLLANDSWORTH, Programs & Events Coordinator

SUSAN JENCZYK, Finance 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 Interest

Nashville Bar Foundation Grant Applications

The Nashville Bar Foundation is now accepting grant applications for 2023. If you know of any 501(c)(3) organizations that may be eligible for a Foundation Grant, please spread the word. Grant eligibility and application guidelines can be found at NashvilleBar.org/NBFGrantGuidelines. The Foun dation will allocate funding each budget year on the basis of written applications in a format prescribed by the Foundation. Grant applications can be found at NashvilleBar.org/NBFGrantApplication and are due in mid-January. Watch your NBA Weekly Update for further information. n

Membership Renewals

It's time to renew your membership! The 2022 membership year ends on October 31. You may renew online at NashvilleBar.org/Renew (it only takes a few minutes!) or by contacting Vicki at Vicki.Shoulders@nashvillebar.org or 615-242-9272. If your firm is part of Firm Billing with the NBA, please check with your administrator before renewing online. Thank you for your continued support and membership! n

Fall Memorial Service

Our Fall Memorial Service will be held on Thursday, November 17. The service begins at 11:00am. Stay tuned to upcoming NBA Weekly Update emails and NashvilleBar.org/MemorialService for a list of those who will be honored. A project of the NBA’s Historical Committee, memorial services honor the memory of those Nashville lawyers and judges who have recently passed away. n

Tune Award Nominations

We are now seeking nominations for the John C. Tune Public Service Award to be presented at the Annual Meeting & Banquet on Thursday, December 8, to be held at the Music City Center. The purpose of the award is to recognize members who make outstanding contributions to the greater Nashville area community while distinguishing themselves as practicing attorneys. To submit your nomination, email Traci.Hollandsworth@nashvillebar.org no later than Friday, October 14, expressing why you believe your nominee is deserving of this prestigious award. Visit NashvilleBar.org/Awards for more information. n

Save the Date! NBA Annual Meeting & Banquet

Gather around for our annual meeting on Thursday, December 8th. A reception for our members will begin at 5:30pm followed by dinner and the program. Watch your NBA Weekly Update

more details!

2021 Annual Banquet Highlights

Feature

The New Nashville Judges

This August and September saw the swearing in of nine new judges, after an exceptionally busy election cycle. With so many faces that are new to the bench, we, at the NBA want to help our members get acquainted with the newest judges on the bench.

Hon. Khadija Babb was sworn in as judge for Division V of the Davidson County Criminal Court. Judge Babb graduated from the University of Tennessee College of Law. She began her legal career practicing Social Security Disability Law before starting her own law firm in Nashville practicing criminal de fense. Eventually, in an effort to create change from the inside out, Judge Babb joined the Davidson County District Attorney’s Office. As a passionate lawyer, constantly working to help oth ers, Judge Babb’s work in the DA’s office cemented her true values and have made her eager to grow into a position where she could continue to implement change. As a Judge, she will focus on respecting victim’s rights, reducing disparities in the criminal justice system, and serving the community.

Hon. C. David Briley was sworn in as judge for Division I of the Tennessee 20th Judicial District Circuit Court. As a Nashville native, former student of Montgomery Bell Academy, and grandson of Metropolitan Nashville’s first elected mayor, Judge Briley has been a champion for making Nashville a more equitable city through concerted efforts and policies. Prior to being elected to his current position as a Circuit Court Judge, he received his Bachelor’s degree from Georgetown University and his JD from Golden Gate University. Judge Briley served

as the eighth mayor of Metropolitan Nashville, following 3 years of service as the vice mayor, and was most recently a member at Bone McAllester Norton, where he primarily engaged in civil, commercial, and class-action litigation. He and his wife, a local Nashville attorney, have one son and two (very cute) dogs.

Hon. Cynthia C. Chappell was sworn in as judge for Division VI of the Tennessee 20th Judicial District Criminal Court. Judge Chappell received her Bachelor’s degree from Rhodes College and her JD from the University of Memphis Cecil C. Humphreys School of Law. In her impressive career, Judge Chappell has been appointed by two mayoral administrations to serve on the Board of Zoning Appeals and opened her own law firm—Chappell Law Offices—where she primarily handled criminal charges, orders of protection hearings, contempt hear ings, and matters that arose when a civil case involves the criminal justice system. In addition to being a fellow of the Tennes see Bar Foundation and Nashville Bar Foundation, Emeritus member of the Harry Phillips Inns of Court, and having previously served as the chair of the NBA CLE Committee, Judge Chappell is a mother to two sons.

Hon. Marcus Floyd was sworn in as judge for Division VII of the Davidson County General Sessions Court. Judge Floyd was born in the small, rural town of Cleveland, Missis sippi. His family moved to Nashville’s Edgehill neighborhood when he was young, and he attended Hillsboro High School. Judge Floyd earned his bachelor’s degree from Middle Ten nessee State University. After MTSU, he served as a probation

(continued on page 00)

Feature Story

Meet the New Nashville Judges

officer, where his experiences inspired him to attend law school. He graduat ed from Belmont University College of Law in 2015. Since graduating, Judge Floyd has remained a committed pub lic servant, working as a judicial clerk, prosecutor, public defender, and policy adviser. He hopes to bring fairness and equity to the bench.

Hon. Robin Kimbrough Hayes was sworn in as judge for General Ses sions Division V. Judge Hayes earned her Bachelor’s degree from Fisk Univer sity, her JD from Emory Law School in Atlanta, and her Master’s degree from Vanderbilt Divinity School. In her note worthy career, she has become an or dained Elder in the United Methodist Church, served as Assistant Attorney General in Tennessee’s Attorney Gen eral Office, and as Associate General Counsel for the Tennessee Department of Children’s Services. Judge Hayes has dedicated her career to using her legal skills to advance social justice, chiefly directing her focus toward the is sues of poverty, criminal justice reform, and women’s issues.

Hon. Andra J. Hedrick was sworn in as judge for Division VII of the Ten nessee 20th Judicial District Circuit Court. Judge Hedrick grew up in Indiana, earned her Bachelor’s degree from Indiana University, and later received her JD from the University of Memphis Cecil C. Humphreys School of Law. Most recently, after finally making her way to Nashville, she was a partner at Gullett Sanford Robinson & Martin, fo cusing on complex estates, trusts and conservatorships, including those in lit igation. This issue of the NBJ includes a Background Check Column featuring

Judge Andra J. Hedrick and features a much more in-depth look into her life and impressive career.

Hon. Lynne Ingram was sworn in as judge for the Eighth Circuit of the Davidson County Circuit Court. Judge Ingram attended the University of South Carolina, earning her bachelor’s degree in 2000. She went on earn her juris doctor from Western Michigan Cooley Law School in 2003. Judge Ingram relocated to Nashville in 2009, where she began her tenure at the U.S. Attorney’s Office for the Middle District of Tennessee. In that role, she prosecuted a variety of cases and conducted numerous jury trials. Since 2014, Judge Ingram has also served as an adjunct professor at Vanderbilt Law. After leaving the U.S. Attorney’s Office, she worked in private practice and for the Legal Aid Society of Middle Tennessee and the Cumber lands. Judge Ingram has dedicated the majority of her career to public service and non-profit work.

Hon. I’Ashea L. Myles was sworn in as judge for Part III of the Tennessee 20th Judicial District Chancery Court. She received her Bachelor’s degree from Belmont University and her JD from Belmont College of Law. Chan cellor Myles has a passion for serving her community and has helped to run pro bono expungement and legal ad vice clinics in Davidson and Rutherford counties. With experience in both New York City and Nashville, she was a men tee of and former summer clerk for Hon orable Richard H. Dinkins. Most recently, Chancelor Myles practiced at Bone McAllester Norton, focusing on construc tion, real estate and business litigation. She is an adoring mother to her three

children and puppy, Thurgood Marshall.

Hon. Jim Todd was sworn in as judge for Division VI of the Davidson County General Sessions Court. As a Nashville native with many years of legal practice experience, he has worked towards bail reform and against laws that have been shown to disproportionately affect nonwhite Nashville residents. Before his current position, Judge Todd worked as an assistant to then-senator Al Gore and former Governor Ned McWherter. Judge Todd also worked as a defense attorney at Nashville law firm Hagan and Todd, and has offered legal analy ses on Channel 5.

SUMMER MELTON is a trial attorney with MGC Law. She focuses on com plex construction litigation but also practices general civil defense, where she represents clients in both state and federal courts.

ADRIENNE BENNETT

CLUFF is a the Marketing & Communications Coor dinator for the Nashville Bar Association.

Lessons From the Bench

On August 31, 2022, six judges in Nashville and Davidson County, whose years of service collectively total more than 175 years, retired from judicial service. As they passed their proverbial gavels onto their successors, each judge was honored and cele brated for their years of service, numerous accomplishments, and unfettered dedication to the law.

With high regard for the newly-elected judges, Circuit Court Judge Randy Kennedy and Criminal Court Judge Mark J. Fishburn recalled the challenges they both faced as new judges and revealed the parallel lessons that they learned along the way.

Transitioning From Practitioner to Judge is Difficult.

“The greatest challenge for me as a new judge,” said Kennedy, “came with the realization that I no longer represented a party to a lawsuit. I was no longer the [client’s] warrior.” Rather than being “the passionate advocate” in court, he instead needed to be “the objec tive and sometimes antiseptic umpire.” It took him about a year to conclude that he was no longer a litigator.

Likewise, Fishburn said it took between six months to a year before he felt comfortable in the role as judge. “It was initially difficult to refrain from wanting to get off the bench and take on the role of the lawyer because trial was so deeply ingrained in my psyche.” In times of novice-discomfort though, Fishburn quickly found that “appropriate humor is a great elixir to reduce courtroom tension.”

Develop a Courtroom Style that Benefits Everyone.

Judge Kennedy and Judge Fishburn are greatly respected for cultivating supportive environments in their respective courtrooms, for both the parties and attorneys alike. In criminal court, Fishburn recognized that “Victims, defendants, and the attorneys have enough stress without me adding to it.” Therefore, he followed the adage, “It is better to be seen than heard” and he strived to maintain a relaxed, laid-back, friendly, and patient atmosphere, with no looming clock hanging in his courtroom.

Whether presiding over estate, conservatorships, or guardian ship matters in the Probate Court, Judge Kennedy said, “I’ve always been a judge who endeavored to provide a non-threatening environment, striving to make folks feel welcome and comfortable in a place that is really their courtroom.” He continued to say, “Over the years, I suspect I became a better listener and more adept at separating facts and evidence from hype and spin.”

Be Mindful of Challenges, Ask For Help, and Take A Recess if Needed.

Balancing the competing interests of the parties is a challenge. Judge Fishburn found sentencing decisions especially difficult as a new judge. “Having the wisdom to know how and when to exercise the significant authority bestowed upon me,” he said was a chal lenge. He understood that “having the power to do an act does not

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.

AUG/SEPT GOLDEN OLDIES

We stumped you!

Last issue’s Golden Oldie was the first to be left unidentified. Individuals are listed from left to right: Chasity Goodner, Joe Welborn, and Christina Norris.

Thank You to Our Sponsors

When speaking with Judge Andra Hedrick, it would seem as if she always had a confidence that defined her life, but she’s quick to describe it more as just not knowing better. The self-described introverted vegetarian grew up in Hartsville, Indiana, a town of 400 people. Her mother worked in student services for a campus of Indi ana University, and her father worked at the Cummins Diesel factory. Hedrick attended high school in the town over, where she excelled in basket ball, volleyball, and tennis.

Going to IU was a no-brainer for her since she grew up a fan of the uni versity and had the benefit of a tuition discount through her mother’s job. During college, Hedrick also worked two jobs in Nashville, Indiana as a bank-teller and in a tasting room of a winery. Hedrick’s work ethic showed most when she did not even attend her college graduation because she was working.

About halfway through college, it hit Hedrick that there were no job list ings seeking someone with a sociolo -

gy degree, and prior to that, she never considered being a lawyer. To her, getting a law degree was about giv ing her options, as she never wanted to have to depend on someone else.

After a visit to Memphis with her mother, when all the aza lea bushes were blooming, Hedrick decided to move to Tennessee to attend Memphis Law in 1995.

An admissions counselor had promised that she would get in-state tuition beginning her second year but when that did not happen, Hedrick decided she needed a research assistant position which provided a stipend and in-state tuition. She had really enjoyed both property and wills and estates with Professor Ralph Brashi er, and knew he was working on a pro bate book so she marched down to his office and convinced him to give her a RA position. This one decision set the trajectory for her entire legal career.

Hedrick also landed a clerkship for one of the local probate judges, Judge Donn Southern, for a year and a half while in law school. Judge South ern not only had Hedrick researching and writing but he also let her observe court proceedings which led her to de cide that maybe she could be a courtroom lawyer.

Following law school, Hedrick moved to Jackson, Tennessee where she clerked for Judge David Farmer on the Court of Appeals for two years.

When it came time to start prac ticing, Hedrick did not know how to go about getting a job. She did not really know any probate lawyers but remembered seeing the name Jack Robinson, Sr. from her work while in law school. She decided to write him, on a pink-colored letter nonetheless,

and ask for a job.

On a trip to Nashville, Hedrick went to lunch with Robinson and Jeff Mobley. They were in charge of the probate work at Gullett, Sanford, Rob inson and Martin and were looking for a younger associate to mentor. Hed rick remembers boldly telling them that she only wanted to do probate work and not any other work that an associ ate would normally do. Luckily for He drick, her request worked and she ac cepted a position as an associate. She laughs remembering that not once did they discuss pay and she did not even know the salary until the firm sent her a letter about pay and benefits.

In 2000, Hedrick moved to Nash ville. While in Jackson, she had begun dating Ronnie Melton. Hedrick had never planned to marry anyone due to her insistence on independence. She remembers Judge Southern told her that if she ever did choose to marry Ronnie, he would marry them in his courtroom; which he did in 2003.

Hedrick remained at GSRM for 22 years doing exclusively probate work until she won her race this year to be come the 7th Circuit Court Judge.

Hedrick and Ronnie live in East Nashville with their 4 rescue dogs and cat. Hedrick loves East Nashville and the easy access to Shelby Park and riding her bike around town with their friends. n

BART PICKETT is an attorney at the Law Of fices of Julie Bhattacha rya Peak where he rep resents Liberty Mutual Group, Inc.’s insureds and customers of its af filiated groups in litigation throughout Middle Tennessee.

Andra Hedrick | Bart Pickett

LET’S WORK TOGETHER

mean that you should.” As advice for new judges, Kennedy shares, “it is totally appropriate to seek the guidance of more expe rienced judicial colleagues. And, when in doubt, to take a recess.”

Withstand Public Pressure and Public Comment.

The job of judge comes with public pressures and difficult decisions. “Public pressure,” says Fishburn, “is at its stron gest when your confidence in your deci sions is at its weakest. Never let emotion be the basis of your rulings. Sound deci sions will withstand any public clamor for a popular outcome.”

Media will also be afoot in cases of public interest. Judge Kennedy placed extra emphasis on this reality and advised, “Never (and I really mean never) give an interview to a media representative involving a pending matter or one that has not been concluded on appeal. Whatever you say will likely be misunderstood or misquoted.”

Exercise Patience and Model Respect and Civility.

Judge Fishburn encourages his judi cial colleagues to always “avoid black robe fever.” Explaining further, he said, “Don’t mistake your power and authority for wis dom and compassion, and don’t let your power and authority displace respect.” He believes that the citizens are best served by a judicial system of judges who leave their egos at home and lawyers who ad vocate for their client with professionalism and civility.”

In the same spirit, Judge Kennedy said, “My best advice to our new col leagues on the bench is to remain patient with pro se litigants and inexperienced lawyers alike. Even when more experienced attorneys do something that you find in

appropriate, try to make it a CLE moment rather than getting angry.”

Care For Yourself and The Legal Profes sion.

In times of stress or burnout, both Kennedy and Fishburn point to exercise, reading, and socialization to feel reener gized. “Judges often feel isolated, so being with family and friends is therapeutic,” says Fishburn. He highlighted that “the legal profession is the most honorable profession there is” and encourages all prac titioners to “balance work with your private life; engage in professional, community, and charitable activities throughout the county; and have fun.”

For professional socialization, especially amidst the significant growth in the field, Kennedy encourages active involve ment in bar associations, stating, “My hope for the members of this bar is that we will always unite in the support of each other and in the enhancement of the system of justice.”

Staying true to this advice, they both plan to stay active in the law and the Nash ville Bar post-retirement. Their first priori ties, however, will now center around their families, their friends, and traveling.

On behalf of the members of the Nash ville Bar Association, with great respect and admiration, we thank you, Judge Kennedy and Judge Fishburn–and all the newly retired and highly esteemed Davidson County judges–for your years of public service and your compassionate dedication to the law. You will be missed but never forgotten. n

KATE NYQUIST is an attorney with Martin Hell er Potempa & Sheppard where she focuses her practice on probate and trust administration, con servatorship manage ment, and property law.

2023 Board Nominees | Ballots Coming in November!

Ben Raybin practices with Raybin & Weissman, PC and focuses on criminal defense, civil rights, and appellate law. He is a gradu ate of Vanderbilt Law School, where he was on the Law Review, and the University of Chicago. He served as a law clerk for Judg es Jane Stranch and Gilbert Merritt, both of the U.S. Court of Appeals for the Sixth Circuit.

Raybin currently co-chairs the NBA’s Criminal Law and Justice Committee and completed the Nashville Bar Leadership Forum. He is on the Board of Directors for the Tennessee Association of Criminal Defense Lawyers. His 2017 article on executive clemency received the Tennessee Bar Journal’s Justice Joe Henry Award for Outstanding Legal Writing.

Raybin is a Nashville native and attended the University School of Nashville, where he has volunteered as a mock trial coach for over a decade.

Worrick G. Robinson, IV is a member of Robinson, Reagan & Young, PLLC. His prin cipal areas of practice are criminal defense and crisis management matters. In addition, he handles general and complex civil issues, family law, and sports law matters. Robin son graduated from the University of Tennessee at Knoxville with a business degree, and he received his law degree from the Cumberland School of Law at Samford University.

Currently, he practices in the state and Federal District Courts of Tennessee. He is a member of the American Bar Association, Tennessee Bar Association, and the Nashville Bar Association, where he formerly served as chair of the Federal Court and Creditor’s Rights Committees and has also served as a member on the Criminal Court Committee and the Histor

ical Committee. He is a Member of the Nashville Bar Foundation.

Robinson formerly represented a number of NFL players as a NFLPA Certified Contract Advisor. He has lectured at several local high schools and universities and law schools, as well as a number of organizations and continuing legal education seminars. He has also served as an adjunct professor at Bel mont University teaching Sports Law in the MBA program.

Robinson wants to continue the NBA’s mission to serve the underserved communities, to communicate the good legal work being provided by attorneys in Nashville and to make an effort to spend more time connecting the NBA to the public service providers to foster and build those relationship for the people of Nashville that cannot afford a legal advocate.

Sherie Edwards is Vice President of Cor porate and Legal at SVMIC. She received her BS from Trevecca Nazarene University (1991), her JD from the Nashville School of Law (1996), and her MBA from Vanderbilt University (2012).

Edwards is a member of the NBA’s Sister Cities committee, which she co-chaired 2017-2019. She served as a mentor to several members of the NBA Leadership Forum between 20142019 and represented the NBA as a Delegate to the ABA’s House of Delegates from 2018-2020. Edwards also serves in leadership roles in the TBA (Immediate Past President), ABA, and LAW, and is a member of the Board of Sister Cities Nash ville. She is a Fellow of the Nashville Bar Foundation, Tennessee Bar Foundation, and American Bar Foundation, and is a member of the Harry Phillips Inn of Court.

Attorney wellness, especially mental health, is of particular (continued on next page)

Be sure to vote in the upcoming 2023 NBA Board Election! Renew your membership at NashvilleBar.org/Renew no later than October 31 for eligibility.

2023 Board Nominees | Ballots Coming in November!

interest to Edwards. She is also focused on access to justice, especially in terms of involving more corporate counsel in pro bono efforts, and on supporting collegiality and professionalism in the Bar.

Chay Sengkhounmany is the Lead Immigra tion Attorney at the Legal Aid Society of Mid dle TN and the Cumberlands. At Legal Aid Society, she directs the Survivors Immigration Legal (SIL) Project and provides immigration legal services to survivors of domestic vio lence, sexual assault, or stalking.

Sengkhounmany is a member of the American Immigration Lawyers Association (AILA), American Bar Association, Tennes see Bar Association (TBA), State Bar of Georgia, Nashville Bar Association (NBA), Middle Tennessee Lawyers’ Association for Women (MTLAW), and the Lawyers’ Association for Women, Marion Griffin Chapter. She is currently the president of MTLAW and has served as a co-chair of the NBA Immigration Committee. She completed the Tennessee Bar Association’s Leadership Law Program in 2009. She was honored by AILA as the 2014 First Quarter Pro Bono Hero for the Southeast Region and was selected to the Nashville Business Journal’s Best of the Bar in 2020 and 2022.

Sengkhounmany earned her Bachelor’s degree in Journalism, cum laude, from Middle Tennessee State University and received her law degree in 2003 from Georgia State University College of Law.

Chris Sabis heads SRVH’s Government Compliance & Investigations Group and is a member of its Litigation Group. He previously served as an Assistant U.S. Attorney. Sabis earned his JD at Georgetown and a BA in His tory & Political Science from the University of Rochester.

Sabis is primarily interested in expanding Bar membership to a broader constituency, promoting diversity in the Bar, preserv ing the history of the Bar, and advocating for the interests of the Bar’s membership throughout Tennessee. He is a Premier Mem ber of the NBA, an NBF Fellow, Chair of the Historical Commit tee, and an active member of the Diversity Committee. Chris also serves as a Hearing Examiner for the BPR. He is the Program

Chair of the Harry Phillips Inn of Court and has served as Chair of the TBA Federal Practice Section. This year, Chris was induct ed into the Tennessee Justice Center’s Pro Bono Hall of Fame.

Sabis is a Past Chair of the Board for Stars Nashville and current Board Secretary of Autism Tennessee. He enjoys wine, hockey, theater, and spending time with his wife and two boys.

Ana L. Escobar was elected to the General Sessions Court in August 2018 and then re-elected in August 2021. Judge Escobar was born in Colombia, South America and became a United States citizen when she was twelve years old. She and her family have lived in Nashville, Tennessee for over forty years. Judge Esco bar earned her college degree from Vanderbilt University and graduated from The National Law Center at George Washington University with a Doctor in Jurisprudence. Prior to her election, Judge Escobar has practiced law since 1995 by serving as an assistant public defender, an assistant district attorney, solo practitioner, Metro Clerk, and Deputy Director of the Administra tive Office of the Courts. She is one of three judges that hears domestic violence cases eight months out of the year. Judge Escobar also presides over Cherished Hearts, the human traf ficking survivor’s treatment court.

Judge Escobar has given her time to the Planning Commis sion, the Davidson County Election Commission, the Board of Equalization, and the State Judicial Nominating Commission. She enjoys giving her time as a volunteer to nonprofits in Nash ville. Judge Escobar was inducted into the Academy for Wom en of Achievement in 2019. She served on the NBA Board from 2008-10 and won the NBA President’s Award in 2005.

Summer Melton grew up in Phoenix and attended Arizona State University. After living abroad in Ireland, she moved to Nashville for Belmont Law and country music. While at Belmont, she competed in mock trial (her team finishing second in the nation), was vice-presi dent of the Board of Advocates, interned in Davidson County Cir cuit Court, and participated in a program through which she assist ed Domestic Violence survivors in securing Orders of Protection.

Melton is a trial attorney with MGC Law. She focuses on com (continued on next page)

2023 Board Nominees | Ballots Coming in November!

plex construction litigation but also practices general civil defense, where she represents clients in both state and federal courts.

In addition to her practice, she is the head coach of Belmont University’s Mock Trial team and an adjunct professor, teaching a course in trial advocacy.

Melton serves as an editor of the NBA Journal and was named Contributor of the Year in 2021. She also represents MGC’s Nashville office at Leadership MGC, a firm leadership initiative where future leaders craft policies for the improvement of the firm. In that role, Melton has focused on bettering inclusion and community.

She lives in Nashville and enjoys spending time with her fiancé and her Great Dane, Baron.

Amy Willoughby Bryant, a consummate professional and attorney, is excited to serve Metro Davidson County and Nashville’s community of individuals with disabilities as the Office of Conservatorship Management Di rector. Amy demonstrates her passion for her community through her service as a leader, instructor and vol unteer in numerous organizations. Bryant serves as an adjunct professor at Belmont University College of Law in Elder Law. This Memphis native is a Tennessee State University alum with a Bachelor’s of Business Administration in Economics and Fi nance. She continued her education by obtaining her Juris Doctorate from Saint Louis University School of Law. Bryant is past President of Napier Looby Bar Association, Nashville Bar Foun dation Trustee and Fellow, Nashville Bar Association Diversity Committee Co-Chair, and Nashville Bar Foundation Leadership Mentee and serves on several other local and national boards. Amy is married to Julian Bryant and mother of four. She lives by the motto that everything in life happens for a reason, embraces life as it comes, and meets every day with optimism!

Keith Alan Turner is a graduate of Hillsboro High School, Belmont College, and the Nash ville School of Law.

Turner has been chair of the Nashville Bar Association Memorial Service Committee from 2017 through 2022. Turner has overseen many changes within the committee’s Memorial Service event.

The Nashville Bar Association has held Services for more than 100 years to remember and honor Nashville attorneys who have died. Memorial Resolutions presented at past Memorial Services

are available for viewing on the Nashville Bar website, and recordings of the Memorial Services beginning with the Fall 2020 Service are available on the Nashville Bar YouTube channel. As chair, Turner believes that this bi-annual event should be attend ed by all.

Turner is a Member of the Nashville Bar Association Historical Committee, Estate Planning and Probate Committee, Chancery and Circuit Court Committee, General Sessions Court Committee, Solo and Small Firm Committee, and a Nashville Bar Fellow.

Turner has had a solo practice for more than twenty years and primarily represents small business owners and their fam ilies in a wide variety of matters and in most courts, including General Sessions, Circuit, Chancery, Probate, Federal District, and Bankruptcy Courts.

For the majority of Turner’s life, he has been active in the community, including going door to door in elementary school to raise money to help save Radnor Lake, volunteering with the Boulevard Bolt, participating in tree plantings, volunteering with Room in the Inn and Habitat for Humanity, and participating in Susan G. Komen walks for the Cure.

Mary H. Beard is the Senior HR Counsel for HCA Healthcare, where she primarily advises the Chief Human Resources Officer and her se nior executive team. Before her tenure at HCA Healthcare, Beard was Senior Counsel/Labor and Employment with FedEx Corporation, be ing a business partner and counsel to the most senior executives at the parent company as well as three corporate subsidiaries. Beard graduated from Alabama A&M University as Valedic torian with a perfect 4.0 and the Vanderbilt School of Law where she was a founding member and editor of The Journal of Entertainment Law & Practice. Through the years, Beard has expand ed her practice area with the evolution of the practice of labor and employment law, providing advice and counsel also on other matters such as technology contracts, employee data privacy and anti-trust.

Committed to making a positive impact in her community, Beard has shared her many talents and leadership expertise with countless professional, civic, and charitable organizations. An active member of the Tennessee Bar Association, Beard cur rently serves as its Chief Diversity Officer and has held several other leadership positions. She is a Fellow of the Nashville Bar Association, Memphis Bar Association, and Tennessee Bar As(continued on next page)

sociation Young Lawyers Division. Beard is a former chair and co-chair of the Tennessee Judicial Nominating Commission, and the first woman of color to hold the position. Additionally, Beard serves as a member of the Board of Directors of Alignment Nashville. She received the Presidential Award from the National Bar Association and the Tennessee Bar Association.

Beard has been committed to bar issues, including well ness, diversity, and needs of attorneys based on practice area and type of practice. Her focus has been to ensure attorneys have wellness resources due to the jealous mistress of the profession, increase diversity of the bar including people of color, women, persons with disabilities, age, and practice subject area. As an attorney who has worked in a small firm, large firm, and in-house, her passion is to make sure the bar has resources for the specific needs of attorneys in each of those practice settings. Beard also wishes to expand the career development and advancement resources for attorneys who are returning to the practice and/or transitioning their practice to a different practice setting or to a non-practicing role.

In her spare time, Beard immensely enjoys domestic and international travel, interior decorating, and serving as an arm chair coach and quarterback for the Tennessee Titans and Kan sas City Chiefs.

Rob Peal is a partner at Sims | Funk, PLC. Rob enjoys a diverse practice focused on complex litigation, and he handles both crim inal defense and civil trials. Peal graduated Order of the Coif from Vanderbilt Law School, where he was Associate Editor of the Vanderbilt Law Review and served on the Moot Court Board. He obtained his undergraduate degree from the U.S. Naval Acad emy in Annapolis, earning a Bachelor of Science (with Merit) in Mechanical Engineering. Before entering the civil practice of law, he served in the US Marine Corps, first flying the F/A-18D as a flight officer, followed by service as a Judge Advocate senior prosecutor and law center director. While on duty, Peal deployed three times, serving in Operations Southern Watch, Enduring Freedom (Afghanistan), and Iraqi Freedom. Peal is a gradu ate of the Tennessee Bar Association Leadership Law Class of 2015 and was selected a Nashville Bar Foundation Fellow in 2022. For the past two years, he has co-chaired the Nashville Bar Association Chancery and Circuit Court Committee.

Daniel L. Clayton received his JD from Uni versity of Tennessee and his BA from Lip scomb University. He currently operates The Law Office of Daniel L. Clayton.

Service has been a significant pillar in his life and that of his family – whether it was being an elected member of the Franklin Special School District Board of Education or serving as foster parents to 25 children. In the legal community. Clayton has been on the Board of Trustees of the Nashville Bar Foundation since 2016, and cur rently serves as its President, with his term expiring at the end of this year. He has participated in the Mentoring Program for the NBF Leadership Forum and a volunteer for the Habitat for Hu manity service project. Most recently, Clayton was honored to be a member of the search committee for the Nashville Bar Associ ation’s new Executive Director. While two of his areas of interest include CLE programs and community outreach, Clayton’s main interest is being used where he can best serve and grow the Nashville Bar Association, both in numbers and in camaraderie.

BILL & PHIL’S

OF THE MONTH

There’s a New Phone in Town (And It Ain’t an iPhone) | Bill Ramsey & Phillip Hampton

get a regular smartphone to use, and a nice tablet that doubles as a smartphone. In fact, when you use it as a tablet, it is practically a minicomputer. You can con nect it to a keyboard and a mouse, and it serves well as a 7.6 inch Android comput er. It even has a taskbar at the bottom of the screen, like a Windows computer or an iPad.

to use for Zoom calls. The screen is large enough to accommodate a Zoom ses sion easily. The speakers on the phone are loud enough to provide clear conversations in a Zoom session or a speaker phone call.

We love our smartphones. Phil always has the latest Samsung “Ultra” phone and another one. Bill always has the latest iPhone and an Android model. But Bill has found a “new phone in town.”

Bill noticed Phil’s Samsung Galaxy ZFlip phone with a foldable screen and immediately got a bad case of phone envy. So, when Samsung announced the release of the ZFold 4, Bill had to have one because it has a giant screen when it unfolds, much larger than the ZFlip.

Bill immediately began shopping for his ZFold. The retail price for the phone ($1800) gave Bill a temporary case of sticker shock, but he soon discovered he could get $900 off when he traded in his old phone. He bought it and immediately fell in love. Here is why:

The ZFold actually has three screens – a front screen and a foldable inner “double” screen that converts into a 7.6 inch display. It is almost as large as the screen on an iPad Mini. You have to see it to believe it. In one phone, you

And that is just the beginning. You can open up to three apps simultane ously on the inner screen and copy and paste information from one app to another. You can open an app in “Flex Mode’ and fold the upper part of the screen at an angle. Then you can control the app with a trackpad pointer and use the phone as a mini laptop. The large screen is ideal for gaming if you are into that.

The ZFold excels when you are re viewing Word documents, Excel spread sheets, or emails. When you are old like Bill and your eyesight is failing, the large screen does wonders for your ability to review complicated documents or lengthy emails. The large, on-screen keyboard makes it easy to respond to emails or to edit documents. You can place the screen at most any angle for your comfort and convenience, but we really like using the screen fully open to take advantage of the large, very bright and sharp OLED screen. There is a “fold” in the center of the screen, but you barely notice it once you began using the ZFold as a tablet.

There have been rumors that the camera is not up to the standard of the cameras on iPhones or the other Samsung Galaxy phones. We have found that not to be the case. The telephoto cam era shots were amazing. The front-facing camera on the foldable screen took great pictures, and it makes for a great camera

There are a few drawbacks. The phone is a bit bulky – certainly thicker and heavier than an iPhone or a regular Samsung Galaxy phone. The outside screen is a bit small, making typing and texting a bit awkward. But all of this is overcome by the cool factor of the large screen when the phone is folded out. Bill walked around to everyone, even strangers on the street, and made them stop and watch him fold out the screen and play a YouTube video.

Yes, Bill is in love with “the new phone in town.”

See you next month,

Bill and Phil n

Capitol Chevrolet: An Unsolved Murder

Mystery literature is replete with stories of business part ners who disagree over how a company will be run. Music City has just such a tale. The business was Capitol Chev rolet. There was a murder in 1968. This trial involved some of the best possible legal talent in 1969. The defendant, Bill Powell, was acquitted, and the death of Haynie Gourley re mains a cold case to this day.

It is difficult to imagine how much attention the trial of Bill Powell attracted. A transcript of each day’s proceedings was published in both The Tennessean and The Nashville Banner . The Gourley family engaged John Hooker, Sr. as special prosecutor to assist the young recently elected Dis trict Attorney Tom Shriver. Hooker had played a similar role in the trials of Teamster leader Jimmy Hoffa a few years be fore. Jack Norman, Sr. and Cecil Branstetter defended. This was a battle of the titans.

Gourley, 73, had the controlling interest in Capitol Chevrolet. He and his wife, Josephine, owned 75% of the shares. Powell, 40, a former Vanderbilt football star had joined the firm as sales manager in June 1965. Slightly more than a year later, he borrowed $203,000 from Third National Bank and used it to purchase 25% of the stock, leaving the Gourleys in control. There was, however, an understanding between the men that Gourley’s age was a factor in the op eration of the business. Eventually Powell would take over the day-to-day operations.

The Gourleys had a son, Billy, also a Vanderbilt gradu

ate, who worked at the dealership. A part of the agreement between Powell and Gourley was that Powell would train Bil ly to be an executive so that he could take a leadership role in the dealership. The Gourleys believed Powell did not like Billy. Mrs. Gourley, in particular, thought Powell was short with her son. The agreement that Powell would continue at Capitol and take over the day-to-day operations went south on Wednesday, May 22, 1968.

It was agreed that Powell would leave. His stock would be repurchased by Haynie Gourley who, in turn, would help Powell find a way to buy into another dealership. If the split was acrimonious, the men kept their emotions to them selves. On May 23, Gourley contacted Sam Fleming at Third National Bank to arrange a $200,000 loan to buy Powell out. Powell would not be paid for his sweat equity. It was gen erally agreed that during his three years at Capitol, Powell had expanded the dealership. It was Powell who had moved the dealership from its location on Broadway in downtown Nashville to Murfreesboro Road. He had personally signed the lease on the new location, while Gourley had not.

The agreement had been reached on Wednesday eve ning. Less than 48 hours later, just before 11:00am on Fri day, Powell and Gourley got into a black four-door Chevy and drove away from the dealership to “talk business.” They may have been going to lunch. They may have just been on a drive.

Jack Norman Sr., waiting outside the courtroom. Hal Hardin has titled this photo “Agony of the Wait.”

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

MONDAY, OCTOBER 17 | HYBRID SEMINAR FAMILY LAW INSTITUTE OVERVIEW

THURSDAY, OCTOBER 20 | LIVE SEMINAR

WHAT WORKS IN APPELLATE PRACTICE

OVERVIEW

The NBA Domestic Relations Committee presents the annual Family Law Institute, featuring 4.0 hours of CLE. This year’s institute includes Judge Phillip Robinson’s perpectives from the bench, a case law update, and more!

PRESENTERS

A full list of presenters is available online at NashvilleBar.org/FamilyLawInstitute

DETAILS

Seminar 9:00am – 1:30pm

Credit 4.0 General

Location . . . . . . . . . . . . Hybrid (NBA Office & Virtual - Zoom)

COST

NBA Members

Non-Members

Join the NBA for this unique opportunity! Observe oral argu ments before the Tennessee Court of Appeals and then take advantage of the opportunity to pose your own questions on appellate practice to appellate judges. Attendees will also be able to hear from the editors of “Appellate Advocacy,” the re source for attorneys on state appellate practice. The seminar will conclude with a first floor tour of the Tennessee Supreme Court Building.

PRESENTERS

For a full list of presenters and agenda, please visit NashvilleBar.org/EstatePlanningProbateInstitute

DETAILS

Seminar

10:00 – 11:30am

Credit 1.5 General

Location

NBA Members

TN Supreme Court Building

COST

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

THURSDAY, OCTOBER 20 | HYBRID SEMINAR ESTATE PLANNING & PROBATE PRACTICE INSTITUTE OVERVIEW

The NBA Estate Planning & Probate Committee is pleased to present their annual Estate Planning and Probate Practice In stitute. Topics will include updates regarding legislation, case law, a panel discussing guardianship, and feature a Judge’s Panel that you won’t want to miss!

THURSDAY, NOVEMBER 3 | LIVE SEMINAR

CAPITOL CHEVROLET: AN UNSOLVED MURDER

OVERVIEW

PRESENTERS

For a full list of presenters and agenda, please visit NashvilleBar.org/EstatePlanningProbateInstitute

DETAILS

Seminar

COST

&

– 4:30pm

-

Join the NBA Historical Committee for their annual CLE! This year’s seminar will focus on the Capitol Chevrolet case that remains unsolved to this day. To learn more details about the case, be sure to read John McLemore’s article starting on page 18 of this journal! Keep a lookout for more details in the NBA Weekly Newsletter regarding registration because seats are limited and will fill up fast.

PRESENTERS

For a full list of presenters, visit NashvilleBar.org/CapitolChevrolet

DETAILS

Seminar

Attendance

COST

– 4:15pm

Dual

Public Library

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

MONDAY, NOVEMBER 7 | HYBRID SEMINAR STARTING OUT IN IMMIGRATION PRACTICE OVERVIEW

This CLE will cover the basics of starting out in the field of immi gration and nationality law. The three speakers are seasoned im migration professionals who will outline the fundamental knowl edge required to engage in immigration practice, including best practices for hiring and managing your immigration law office. The broad-based topics covered will include workers, relatives, students and humanitarian areas of immigration practice.

PRESENTERS

Jane Ellen Cassell

The Cassell Firm

Victoria Gentry

The Immigration Group, P.C.

Elvira Rodriguez

Waller

DETAILS

Seminar

Credit

Location

COST

10:00 – 11:00am

WEDNESDAY, NOVEMBER 9 | LIVE SEMINAR

STATE OF THE MIDDLE DISTRICT UPDATE

OVERVIEW

Please join us for a presentation by Chief District Judge Wa verly D. Crenshaw, Jr. on the state of the Middle District of Tennessee. This annual presentation is prepared by Judge Crenshaw and will discuss current operations, relevant ad ministrative orders, and other practice developments. Partic ipants may submit questions in advance of the presentation.

PRESENTERS

Seminar

Chief District Judge Waverly D. Crenshaw, Jr.

DETAILS

– 1:00pm

General

NBA Members

Non-Members

NBA Members

COST

NBA is your source for cutting edge, quality

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

THURSDAY, NOV 10 | HYBRID SEMINAR REAL ESTATE IN MUSIC CITY OVERVIEW

NOV 14 & DEC 5 | VIRTUAL SEMINAR MEDIATION LAW

OVERVIEW

Whether you are new to mediation or an expert, you don’t want to miss this seminar! In these seminars, Rebecca Blair will interview stalwart mediators about all things mediation. Everything from training and building a mediation practice, to do’s, don’ts and tips for the mediation itself, and more will be discussed!

Real Estate in Music City is always changing. Join our presenters Jon Michael and Ross Pepper as they discuss recent trends and changes, what to expect in the upcoming years, and more!

PRESENTERS

Jon Michael Thompson Burton

Ross Pepper Pepper Law

DETAILS

Seminar

COST

Seminar

PRESENTERS

Gail Ashworth

Wiseman Ashworth Trauger

Rebecca Blair

The Blair Law Firm

Howard Vogel

O’Neil, Parker & Williamson, PLLC

DETAILS

1:00pm

Dual (Each)

COST

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

FRIDAY, NOVEMBER 18 | LIVE SEMINAR

ETHICS LIES & VIDEOTAPE OVERVIEW

Don’t miss one of the NBA’s most popular ethics & profes sionalism programs! Past seminar participants have rated this seminar a “10.” Join your colleagues in viewing scenes from movies to explore, analyze, and compare “reel” life with com mon ethical issues and the Rules of Professional Conduct. How many gavels will the movie receive? How many ethical violations can Hollywood exploit?

PRESENTERS

Hon. Barbara D. Holmes Magistrate Judge, United States District Court for the Middle District of TN

Edward D. Lanquist, Jr. Baker Donelson

Hon. W. Neal McBrayer Judge, TN Court of Appeals

DETAILS

Seminar

Credit

1:00 – 4:15pm

3.0 Dual

Location NBA Office (Live)

COST

NBA Members

Non-Members

THURSDAY, DECEMBER 1 | HYBRID SEMINAR PLANNING FOR A LONG LIFE OVERVIEW

One in seven Americans are over 65. Let’s draw the curtain aside for a minute and look at the topic of how you and your clients can maintain your current standard of living as you age. Learn more about how to manage healthcare, income, housing and chronic conditions in retirement.

PRESENTERS

Barbara Moss Elder Law of Nashville

DETAILS

Seminar 12:00 – 1:00pm

Credit

Location

1.0 General

Hybrid (NBA Office & Virtual - Zoom)

COST

NBA Members

Non-Members

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

FRIDAY, DECEMBER 2 | HYBRID SEMINAR

ENTERTAINMENT, SPORTS & MEDIA LAW INSTITUTE

OVERVIEW

Register now and join your colleagues for the Entertainment, Sports & Media Law Committee’s annual event!

This full day, information-packed seminar will feature panels or presentations including entertainment litigation “year in re view,” a closer look into the growing sector of NFTs, filmmaking incentives, a panel regarding the ever-changing world of sports law, and more!

If you practice entertainment, sports, or media law, you don’t want to miss this opportunity to stay current on timely topics and network with other colleagues in your field.

PRESENTERS

A full list of presenters is available online at NashvilleBar.org/ESMInstitute.

DETAILS

Seminar

Credit

NBA Members

COST

9:30 – 5:15pm

Dual & 5.5 General

(NBA Office & Virtual)

FRIDAY, DECEMBER 9 | HYBRID SEMINAR GOVERNMENT PRACTICE INSTITUTE

OVERVIEW

Government attorneys, register now to join your colleagues for the annual NBA Government Practice Institute! This year we will offer 6 hours of high-quality CLE programming tailored to government attorney – including 3 hours of ethics.

Topics for the December programs include Ethical Issues in State Government, Tips on Appearances Before the TN Su preme Court, Title VI Talk, a Supreme Court Update, and the Annual Ridley Staley Report.

PRESENTERS

A full list of presenters and agenda is available online at NashvilleBar.org/GovernmentCLE.

DETAILS

Seminar

Credit

– 4:15pm

Dual & 3.0 General

Tower (Live) & Virtual (Zoom

So You’re a New Judge. Now What?

So, you won the county election and you’ve taken the Oath of Office. Congratulations: You’re a judge! Now what?

If you’re a new judge, you probably have a lot of questions that go beyond the procedural and substantive law you will be asked to apply every day in court.

For example, what is your new salary? Good luck finding that in the statutes. You have to start with Tenn. Code Ann. § 8-23-103(1)(B)(i), which set the base salary back in 2006. But then § 8-12-103(2) says to adjust that salary each year based on a formula from another statute. And that statute says to look at the change in the average consumer price index. 1 Seems like a lot of work just to know how much you’ll be paid.

Or maybe you are curious about how to staff your new office. How many law clerks and administrative personnel can you employ? Well, that will depend on your judicial district. The State pays for one secretary for each elected trial judge. 2 Any staff beyond that has to be provided by the local government.

Your local county trial court administrator can probably fill you in on more details about the specific resources avail able in your county. As judge, you can decide whether you want to use that funding to hire legal clerks or additional ad ministrative assistants—but how many staff you can hire (and their pay) will be decided by the local government. And if

your county does not provide funding for additional staff, you will be limited to just the one State-funded secretary. 3

But how would you, the newly elected judge, know where to look for these answers? Well, first you would do what I did—talk with another sitting judge.

The experience and wisdom of other judges will be one of your best resources as you learn the art of being a judge. As Criminal Court Judge Jennifer Smith told me, there is “very little formal training” for new judges. Rather, you “learn by doing,” and “by asking experienced judges.” (For example, Judge Smith was quick to say how much help she received from Judge Cheryl Blackburn.)

Outside of your immediate colleagues, you might also look for instruction and training in the state judicial confer ence. The judicial conference is comprised of “all judges of courts of records,” including retired judges, as well as all “active and retired judges” of the probate courts in the larger counties. 4

Among its other obligations, the judicial conference provides a training for all newly elected judges (sometimes re ferred to as “baby judge school”). This training lasts about a week and is held in August of each election year, after the elections have concluded but before the new judges take of fice. Unfortunately, this training is only conducted every eight

Capitol Notes | Peggy Sue, the Beagle Hound

house seats, the odd numbered state senate districts, and the nine federal house seats. Most interesting to date, is the newly drawn Fifth Congressional District where Andy Ogles (R) of Maury County faces Heidi Campbell (D) of Davidson County. We also have four state constitutional amendments on the ballot. All four may well pass, but Amendment One, with its Right to Work issue will generate the most conversation. Early voting for the November 8 election runs from Wednesday, October 19, through Thursday, November 3. Please ask your humans to vote. Their engagement affects all of us.

Seventeen Percent Solution. Our humans were not good to vote during the August election cycle. 17% voted across the state. Election officials are not good to tout low turnout elections. Winning candidates are just grateful for the majorities or pluralities they received from the engaged 17% who did vote, while losing candidates wonder how they may have motivated the apathetic 83% who did not.

November General Election. Tuesday, November 8, 2022, is the date for the general election for governor, all state

Wag of the Tail. We have a new State Attorney Gener al, Joseph Skrmetti. His eight year term began on Septem ber 1, 2022. Congratulations are in order. Also a thank you to Herbert Slatery, III whose term as State Attorney General ended on August 31, 2022. We are grateful for the service of these two gentlemen. n

PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact.

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 Wi-Fi access, a computer, and phone—available for your use. For more information, contact Vicki.Shoulders@ nashvillebar.org or visit NashvilleBar.org/ ReserveOurFacilities

They were a short distance from the dealership when the car, stopped for a traffic signal or four-way stop, was at tacked. Depending on what version of Powell’s story you believe, the incident occurred at the intersection of Elm Hill Pike and Fesslers Lane or Elm Hill Pike and Spence Lane. A black man supposedly opened the back passenger side door of the Chevy, jumped in, and demanded money. Powell, who knew Gourley carried his wallet in his left rear pocket, said Gourley reached into his suit coat pocket as if he was going to take out a billfold. The assailant ap peared to think Gourley was going for a pistol, so he pulled a pistol of his own and fired four, possibly five, shots. One went through the seat in which Gour ley was sitting. The bullet hit him in the back. Gourley turned to face the shooter and was hit in the chest, and finally there was a shot to the mandible. Two of the three shots were lethal wounds. Powell was hit in the calf of the leg, but said he was unaware of the wound.

The assailant left Gourley’s billfold in the back seat without taking any

cash from it. There were two $100 bills folded inside. The assailant ran rather than follow through with the robbery. Powell said the man jumped from the car while it was moving and fled. The closest hospital was General Hospital, and it had an Emergency Room famous for being the closest thing to a trauma center Nashville had in 1968. Instead, Powell drove back to the dealership at high-speed, arriving with the horn honk ing. He got out of the car and collapsed to the ground. This is when he first real ized he was wounded.

Ambulances were called for both. Gourley was transported to General Hospital where he died. Powell went to Vanderbilt. The story of the holdup (today it would be called a carjacking) told by Powell had a few holes in it. There was the provision in the contract between Capitol and General Motors that gave Powell the right to succeed to the franchise in the event of Gourley’s death.

In addition, there was a construc tion worker at the nearby Kroger ware house, who said he saw a black car stop and two men get out. They were talking. One man opened the trunk of the car. The other returned to the passenger side front seat. The first man, suppos edly Powell, took something from the trunk and got in the back seat. Shortly thereafter, something that sounded like four gunshots rang out. The man in the back seat got out of the car, moved to the driver’s seat, and drove away.

Powell was indicted for first degree murder. Jury selection concluded and the trial began July 21, 1969. It had tak en 117 candidates to fill the box. Crim inal Court Judge Allen Cornelius pre sided. The supposed eyewitness was

destroyed on cross examination. A .38 caliber pistol, the correct caliber to have been the murder weapon, was discovered months after the shooting by a man looking for bottles on a construc tion site in the neighborhood. The bar rel was stuck into the ground. The pistol had rusted badly and proved worthless for ballistics analysis. But to add more spice to what was already high drama, the pistol was traced to a former Cap itol employee, Robert O. “Bob” Frens ley, who said he had given it to Powell. When Powell took the stand and told his story, he denied having anything to do with the pistol.

The presentation of forensic evi dence was in its infancy in 1969. Pow der residue could not be found on Powell’s pants or the calf of his leg where the bullet entered. Could he have shot himself while holding a pistol far enough away from his leg to get this result?

After ten days of trial, all of Nash ville was awaiting the press accounts and the transcript of the closing argu ments. District Attorney Tom Shriver led off for the prosecution. His presenta tion lasted an hour and was an item-byitem recap of the facts blended with the prosecution’s theory of the case. There were no theatrics, but that is what Jack Norman Sr. and John Hooker, Sr. were

Capitol Chevrolet: An Unsolved Murder

John Jay Hooker, Sr. & Jack Norman, Sr walking the halls of the courthouse.

Hal Hardin carrying Gourley’s clothes from the courtroom.

there for. Hooker in particular was noted for his eloquence in argument. Without question, when he got on a roll, he could sway a jury. His wife told friends he practiced his final argument for ten hours before her and a mirror. He was ready.

Following Shriver’s summation, Judge Cornelius called a five-minute recess. When the jury returned to the courtroom, Cornelius looked to the defense table and said, “Alright, what says the Defendant?”

Jack Norman, Sr. stood and said, “Charge the jury, your honor.”

Norman, an attorney with great oratorical skill and also a trial lawyer with an ego, made the sacrifice. He jettisoned his argument in order to block his old adversary from the lectern. Hooker was silenced.

Nashville’s trial of the century ended a few hours later with a “not guilty” verdict.

If you found this story interesting and would like to learn more about it, make sure to save the date for the NBA’s Historical CLE on November 3 at the Nashville Pub lic Library.

JOHN C. MCLEMORE represents both debtors and creditors and is best known for his work as a bank ruptcy trustee. He is admitted to practice in federal and state courts in Tennessee as well as the US Sixth Circuit Court of Appeals. McLemore is also well known among the local law community as a photog rapher for NBA events, documenting the people, places, and events that comprise Nashville’s Legal History.

Below: Courtroom sketch of Shriver addressing the jury.

Bill & Phil’s Gadget of the Month

Bill Ramsey & Phillip Hampton

Battle of the Pros

iPad Pro 12.9 vs iPad Pro 9.7

years, when a new crop of judges is elected. However, the judicial conference does offer a shortened training for judges like Judge Smith, who are appointed to fill vacancies created outside of an election year. Those judges are also invited to attend the next election-year training.

2 See T enn . C ode A nn § 16-2-505(c); See also T enn . C ode A nn § 17-1-401(a), -402(A).

3

Besides this training for new judges, the judicial confer ence meets three times each year, gathering judges from across the State to network, ask each other questions, pro vide instruction, and attend CLE classes. And the judicial conference provides a helpful “bench book” with a lot of help ful information for all sitting judges. The 2022 edition was just recently released.

We love to buy gadgets as soon as they hit the market. We are fully aware that you pay extra for being an early adopter. Guess we enjoy being broke (and also being the first kids on the block with the new toy). So, it should come as no sur prise that we bought Apple’s big screen 12.9 iPad Pro as soon as it hit the market.

pose of having an iPad. (At least we felt that way after we bought it.)

In the larger counties, like Davidson County, the local government pays an additional supplement to enhance each secretary’s salary beyond just the State-funded wage. See T enn . C ode A nn § 17-1401(b).

4 See T enn . C ode A nn § 17-3-101, 102.

See T enn . C ode A nn . § 16-3-803.

Mark Your Calendar

The iPad Pro 12.9

One more helpful resource for the new judge is the Ad ministrative Office of the Courts. The AOC is designed to assist in the “administration of the state court system,” and it is tasked with a number of administrative duties related to that task—such as creating a budget for the state court system, providing law libraries for the trial courts, and preparing an “annual judicial education plan” for all elected and appointed judges, maintaining statistical information, and implementing an integrated case management system. 5

The 12.9” display is so large you really need to carry it in a laptop bag, and it just does not have the portable, compact feel that made the original iPad and its successors so popular. So, while the iPad Pro 12.9 is powerful and has a great deal of potential—especially for graphic designers and media creators— it is not a laptop killer in our opinion.

The iPad Pro 9.7

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cameras. Yes, you can take great selfies and great pictures with the high-resolution camera that comes with it. Yes, you can even record videos in 4k resolution. Nevertheless, for just regular users it is very hard to tell the iPad Pro 9.7 apart from the iPad Air. The displays are nearly identical. They run the same software. They use the same apps. There just does not seem to be a great advan tage to having an iPad Pro 9.7 versus having a regular iPad (especially the sleek iPad Air 2).

So, returning to your first question—the AOC is probably your best bet to provide information about salary. The AOC also maintains a helpful website (www.tncourts.gov) that has a password-protected area that includes past judicial train ing sessions, as well as funding for some judges to attend a national judicial conference, though that funding is limited. The AOC may be the most reliable resource when looking for answers to your many questions.

So, young Judge, you can find the answers you seek by looking for guidance from your new colleagues, taking the instruction provided by the judicial conference, and relying on the professional assistance available through the AOC.

We must admit, we were a bit disappointed when we started fooling with it. Yes, the iPad Pro 12.9 was the big gest, fastest Apple tablet ever made. You can buy a really nice keyboard to go with it, and we did. You can also buy a pressure-sensitive stylus/pencil to take notes, sketch, and really create great art. We bought that too. The giant screen is beautiful, and the quad speak ers are incredible. The large screen really works well with split screen apps that are now available in the new iOS 9 series. You can watch movies on the right-side of your screen and edit doc uments on the left, for example. In oth er words, you can play and work at the same time; which we don’t necessarily recommend but do occasionally enjoy.

We’re not sure if the Apple execs heard our complaints about the 12.9 iPad Pro, but we took it as a nod in our direction when they subsequently announced a smaller iPad Pro, the 9.7. Gadget nerds like us and our money are soon parted. So, when the new iPad Pro 9.7 became available, we had to buy one immediate ly, as well. And, as usual, we were excit ed in anticipation of delivery of our new gadget. We were certain that the new, smaller iPad would be more portable and more in line with the iPads we had come to know and love, while providing all the “Pro” advantages. Unfortunately, we had become spoiled.

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

But, we were not as overjoyed with our new pricey toy as we thought we would be. First, by the time we added additional storage, a cellular modem, a Bluetooth keyboard, and the pencil, the price tag was creeping up north of $1,200. For that price we could buy a very nice fully functional laptop (key board included). In addition, the large size makes the iPad Pro 12.9 seem less portable. Its size almost defeats the pur

T enn

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

After using the iPad Pro 12.9, the screen on the 9.7 seemed tiny (yes, we know we complained that the 12.9 was too big; forgive us for being tech divas). With the 9.7 we began to feel like we were just looking at an iPhone screen. In fact, it was very hard to tell the difference between a regular iPad or iPad Air 2 and the iPad Pro 9.7. Yes, the iPad Pro 9.7 has a faster, more power processor than the iPad Air 2. Yes, Apple has updated the iPad Pro

iPad Pro 12.9 v. iPad Pro 9.7 Returning to the comparison of the iPad Pro 12.9 to the iPad Pro 9.7 (yes, we got a bit sidetracked), we believe the iPad Pro 12.9 is actually a superior product. The high resolution and the four-speak er system take greater advantage of the faster processor and superior display on the iPad Pro models. In addition, you have more screen real estate to use the split screen feature that is bundled into iOS 9—now 9.3.1. Of course, you can use the split screens feature on any iPad, but it just works better on the larg er screen. Th e bottom line is that while the 12.9 iPad Pro is a bit more cumbersome to carry, you get spoiled once you have used the larger screen. You do not want to return to a smaller iPad model. So, in our opinion, the iPad 12.9 is the winner (but barely) over the iPad Pro 9.7 or just a regular iPad. But, here is a word to the wise and thrifty. If you are not a spendthrift like us, our best advice is to buy neither “Pro” model and stick with an iPad Air 2. Save your money. n

8-23-101(d)(3).

bar

MARGARITAS

Kitchen Notes

This recipe is based on using a 40 oz blender. Ingredient amounts would need to be adjust ed for varying blender sizes.

Ingredients Ice 6 oz Tequila

3 oz Triple Sec

Frozen Limeade (I like Minute Maid, but you can use a store brand) 8-10 Pieces of Frozen Fruit (suggested: Strawberries, Mango, or Pineapple)

Directions

Fill blender 1/3 to 1/2 way with ice.

Add 6 ounces of Tequila and 3 ounces of Triple Sec. Blend.

Add 6 ounces of frozen limeade and 8-10 pieces of frozen fruit (amount depends on size of fruit). Blend.

Make sure that the substance blends until it turns all the way over. Continue adding ice and blend until done.

* Pictures show mango margaritas

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HONORS & AWARDS

Bradley Arant Boult Cummings LLP is pleased to an nounce that partner Lela M. Hollabaugh has been named to Benchmark Litigation’s Top 250 Women in Litigation list for 2022. Hol labaugh has served as the lead trial lawyer in more than a dozen jury trials, as well as more than two dozen bench trials, arbitrations and administrative hearings. She advises leading natural gas pipeline companies and other in frastructure clients on issues involving location, land acquisition, construction and operations.

The Metropolitan Nashville-Davidson County General Ses sions Court Judge Lynda Jones has been elected District 7 Board of Governors of the American Judges Association (AJA) for 2022 –2024. District 7 is comprised of Illinois, Ohio, Iowa, Indiana, Kentucky, West Virginia, and Tennessee.

Marlene Eskind Moses has been selected for Cham bers High Net Worth 2022 in the category of Family/Matrimo nial in Tennessee. Chambers High Net Worth ranks the leading lawyers and law firms for international private wealth. Moses oversees complex di vorce and family law issues with an emphasis on protecting her clients’ wealth and planning for their future.

Junaid Odubeko was one of six attor neys at Bradley Arant Boult Cummings to be appointed to a leadership role within the American Bar Association’s (ABA) Litigation Section. Odubeko has been appointed co-chair of the Privacy & Data Security Committee. His prac tice is focused on advising and repre senting clients in complex commercial and business disputes and real estate litigation.

Chambers USA High Net Worth selected Stites & Harbi son, PLLC attorney Gregory D. Smith for inclusion in its 2022 guide in the category of Family/ Matrimonial for USA: Tennessee. He is one of only four attorneys honored for Tennessee. Chambers High Net Worth ranks top lawyers and law firms in the international private wealth mar ket. This is his second time earning the honor. Smith is a family law lawyer with 37 years of experience whose practice focuses on complex, difficult disputes between spouses and former spouses.

ON THE MOVE

Bradley Arant Boult Cummings LLP is pleased to announce that Petar Angelov has joined the firm’s Nashville office as an associate in the Construction Prac tice Group. Angelov focuses his prac tice on both litigation and transactional matters within the construction indus

try. He primarily represents general contractors, subcontractors, material suppliers, residential and commercial owners, developers, architects, and engineers in litigation, arbitration, con tract negotiation, and contract drafting.

The law firm of Gullett Sanford Robin son & Martin PLLC (GSRM Law) is pleased to announce the addition of attor

ney Grayson Smith Cannon to the firm. Grayson joins the firm as a part ner in the Wills, Trusts and Estates Section.

Bradley Arant Boult Cummings LLP is pleased to announce that Nathan S. Harris and Benjamin Katz have joined the firm as partners in the Nashville office. Harris is a member of Bradley’s Cor porate & Securities Practice Group and works with clients throughout the entire business lifecycle, while Katz is a fintech attorney in the firm’s Litigation and Banking and Financial Services prac tice groups and serves as a trusted advisor and outside general counsel to companies in the electronic payments industry.

Edward “Ed” D. Lanquist Jr. and Scott M. Douglass have joined Baker Donelson’s Intel lectual Property

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Group as sharehold ers in the Nashville and Memphis offic es, respectively. “We are extremely happy to welcome Ed and Scott to Baker Donelson,” said Adam S. Baldridge, chair of Baker Donelson’s In tellectual Property Group.

Legal Aid Society of Middle Tennessee and the Cumberlands, Tennessee’s largest nonprofit law firm, an nounced that Zac Oswald has been promoted to senior depu ty director of client services. In this role, Oswald will continue to lead the firm’s housing practice group while taking on additional leadership responsibilities across the firm. Oswald had previously served as managing attorney of Legal Aid Society’s Gallatin office since 2018 and originally joined the firm as a staff attorney in 2014.

Samuel Raque has joined Patterson Intel lectual Property Law as an associate of the firm. Raque, a regis tered patent attorney, will practice in the areas of intellectual property protection, including patent prosecution, counseling clients on their intellectual property portfolios, patent in fringement, and the litigation of intellec tual property law matters. Prior to joining Patterson Intellectual Property Law Raque served as an associate of Stites & Harbison with their intellectual property and technology group.

& Awards, On the Move, Firm News

Bradley Arant Boult Cummings LLP is pleased to announce that the firm is among more than 180 large law firms participating in the Mansfield Rule 6.0 certification process. The newly released version of the Mansfield certification is aimed at diversifying leadership. The pa rameters have expanded in scope while increasing with rigor each year with input from an advisory board of diversity lead ers and other stakeholders. Since Diver sity Lab launched the initial certification in 2017, the requirements have evolved, but have remained focused on driving progress in the legal industry.

Bradley Arant Boult Cummings LLP has signed a long-term lease to move its Nashville office to ONE 22 ONE, a new high-rise office building located in the Gulch, with a targeted occupancy of late 2023. Bradley, one of Nashville’s largest business and litigation law firms, will oc cupy the top four floors of the 24-story building, utilizing approximately 100,000 square feet of office space with future space allowance.

Nashville law firm Tate, Wilson, Johnson, Meyer & Cherry, PLLC has relo cated from downtown Nashville to Brent wood in Maryland Farms.

NBA NEWS

Abby Sparks has been officially named as the new Executive Director of the Nashville Bar Association. Sparks is an experienced and authentic executive with a passion for providing creative solutions and leading successful teams. To this position, she brings a host of leadership and legal ex

perience, most recently serving as the Assistant Commissioner of People Operations for the Tennessee Department of Human Services. She is an active member of Nashville’s legal community and is a Past President of the Lawyers’ Association for Women-Marion Griffin Chapter. You can reach Abby Sparks at Abby.Sparks@NashvilleBar.org n

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HOW BAD DOES IT HAVE TO GET?

you’re caring for an elderly loved one who is still living in their own home or living with you, maybe you’ve said or thought things like these. Taking care of your loved ones is a family obligation. It’s what good spouses, sons, daughters, and grandchildren do.

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