Nashville Bar Journal | October 2014

Nashville Bar Journal

October 2014 - VOL 14, NO. 9

AMENDMENT 1: “Tennessee Legislative Powers Regarding Abortion” Eleanor Wetzel

AMENDMENT 2: Behold a Trojan Horse Matt Sweeney

Trojan Horse?

The Horse Is already in the City AMENDMENT 2: CounterPoint Bill Koch and Lew Conner

Nashville Bar Association

Annual Meeting & Banquet December 4, 2014 Wildhorse Saloon

The NBA Annual Meeting and Banquet will take place on Thursday, December 4, 2014 at Wildhorse Saloon. As in past years, a reception for the general membership is set to begin at 5:30 p.m., with dinner and the program to begin at 7 p.m. The passing of the gavel from President Charles Grant, to President-Elect Ed Lanquist, introduction of the NBA officers for 2015, and Award presentations are just a few of the events on the agenda for the evening.

RSVP @ www.nashvillebar.org Cornelius & Collins, LLP 511 Union St, Ste 1500 Nashville, TN 37219 ph: 615-244-1440 fx: 615-254-3060

www.corneliuscollins.com

RULE 31 LISTED GENERAL CIVIL MEDIATORS

Bryan Williams bkwilliams@cornelius-collins.com

Broad experience in state and federal civil litigation and alternate dispute resolution

Call/e-mail for available dates. Available statewide.

Dan Berexa dpberexa@cornelius-collins.com

PRE-ORDER YOUR 2015 NBA DIRECTORY ON YOUR DUES FORM OR ONLINE TODAY @ WWW.NASHVILLEBAR.ORG

A Monthly Publication of the Nashville Bar Association

Articles 6 AMENDMENT 1: “Tennessee Legislative Powers Regarding Abortion” 8

Departments 2 4

Eleanor Wetzel

AMENDMENT 2 Behold a Trojan Horse Matt Sweeney

10 Trojan Horse?

The Horse Is already in the City AMENDMENT 2: CounterPoint

Communique • Allegra Walker - General Sessions Court, Div. IV • NBA Member Picnic Review • Be an Informed Voter • Tune Award • NSL Library • Golden Oldie Reveal • Upcoming Events

CONTINUING LEGAL EDUCATION

Bill Koch and Lew Conner

CENTER SECTION

22

Columns

12

From the President

Gadget of the Month

24

Bill Ramsey, Neal & Harwell, PLC Phillip Hampton, LogicForce Consulting

Disclosure - Announcements • Kudos • People on the Move • Firm News • In Memory Classified Listings

Golden Oldie Identify the individuals in the photo. Be the first to email the correct answer to nikki.gray@ nashvillebar.org and your name (along with your correct entry) will appear in next month’s issue.

NBA Calendar of Events OCTOBER 14 - 11:30 AM LAW Committee Meeting OCTOBER 14 - 2 PM NBFLF Program OCTOBER 15 - 11:30 AM Business Transactions/Corporate Counsel Committee Meeting OCTOBER 15 - 12 PM Memorial Service Committee Meeting OCTOBER 17 Tennessee Supreme Court Historical Society Cocktail Reception @ The Cordelle (45 Lindsley Avenue, Nashville, TN)

OCTOBER 20 - 4:30-6 PM Happy Hour hosted

by Baker Donelson

NOVEMBER 19, 2014 - 4:30-6 PM Happy Hour hosted

by Bone McAllester Norton

OCTOBER 21 - 12 PM Ethics Committee Meeting

NOVEMBER 20 NBA Fall Memorial Service @ Downtown Presbyterian Church

OCTOBER 23 - 12 PM NBF Trustees Meeting OCTOBER 29 - 7 AM Community Relations Career Exploration Fair

DECEMBER 4

NBA Annual Meeting & Banquet

NOVEMBER 18 NBA Swearing-In @ AA Birch Building

Committee Meetings are held at the NBA Offices unless otherwise noted l o= Special Event l Full Calendar online at www.nashvillebar.org

' A Monthly Publication of the Nashville Bar Association

Charles K. Grant, Publisher William T. Ramsey, Editor-in-Chief ramseywt@nealharwell.com

Eleanor Wetzel, Managing Editor eleanorwetzel@jis.nashville.org

From the President Your NBA Membership ­— A Great Value! by:

Charles K. Grant

Journal Staff:

Nikki Gray, Director of Communications nikki.gray@nashvillebar.org

Tina Ashford, Communications Coordinator tina.ashford@nashvillebar.org

Editorial Committee: Kelly L. Frey Kathleen Pohlid Tim Ishii Tracy Kane Everette Parrish Bill Ramsey Rita Roberts-Turner Eleanor Wetzel David Winters Victoria Webb

Nashville Bar Association Staff Gigi Woodruff Executive Director ----------Tina R. Ashford Communications Coordinator Susan W. Blair Director, Continuing Legal Education Shirley Clay Finance Coordinator Wendy K. Cozby Lawyer Referral Service Coordinator Nikki R. Gray Director of Communications Traci L. Hollandsworth Programs & Events Coordinator Malinda Moseley CLE Coordinator Judy Phillips CLE Coordinator Vicki Shoulders Membership Coordinator/Office Manager The Nashville Bar Journal, ISSN 1548-7113, is published monthly by the Nashville Bar Association at 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219, (615) 242-9272. Periodicals Postage Paid, Nashville, TN (USPS 021-962). Subscription price: $25 per year. Individual issues: $5 per copy.

POSTMASTER: Send address corrections to Nashville Bar Journal, 150 Fourth Avenue North, Suite 1050, Nashville, TN 37219

No part of this publication may be reprinted without written permission of the Nashville Bar Journal Editorial Committee. The Nashville Bar Journal is not responsible for the return or loss of unsolicited manuscripts or for any damage or other injury to unsolicited manuscripts or artwork.

All Articles and Letters contained in this publication represent the views of the authors and do not necessarily reflect the opinions of the Nashville Bar Association.

Nashville Bar Association 150 Fourth Avenue North Suite 1050 Nashville, TN 37219 615-242-9272 Fax 615-255-3026 www.nashvillebar.org

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Nashville Bar Journal - October 2014

All around the country, bar associations are being asked by members and potential members –What's in it for me? Below are six reasons why there has never been a better time to be a member of the Nashville Bar Association.

1. Connecting with the Legal Community. Being a member of the NBA is an excellent way to connect with the Nashville-area legal community. Membership provides an opportunity to foster relationships with other members.

Through networking, education, events, a job board, and other career development opportunities, we help bring our profession together.

2. Learning Opportunities. The NBA also helps you be a better lawyer by learning from fellow attorneys and judges in person or online. Enhance your professional development through our high-quality award-winning CLE programs, and educate yourself with insightful and relevant articles in the NBA's nationally recognized bar journal.

Speaking of CLEs, we now have an even better way for you to get your CLE requirements in a convenient, cost-effective way with the advent of the new CLE Easy Pass. With the CLE Easy Pass, you can collect free CLE hours, take the guesswork out of your CLE spending, manage your budget, and choose a live CLE course for a fraction of what you normally would pay with no restrictions.

Here are three ways for you to choose a CLE Easy Pass that fits your "live" CLE hour needs and budget: •

8 CLE hours – buy 6 CLE hours and get 2 free CLE hours for only $265

•

10 CLE hours – buy 7 CLE hours and get 3 free CLE hours for only $315

•

15 CLE hours – buy 9 CLE hours and get 6 CLE hours for only $420

3. Affordability. To ensure affordability and allow access to all of our benefits and services, the NBA offers different ways to pay dues. For example, we offer an NBA Membership Dues Scholarship Program to assist eligible lawyers with annual membership dues. Scholarship applications must be submitted to the NBA Executive Director no later than October 8th for consideration. In another exciting development, thanks to our exclusive banking partner, First Tennessee Bank, if you open a First Tennessee checking account with direct deposit (which must be a new account), FTB will pay your NBA membership dues for one year. Please contact Herman Hicks, Vice President, Private Client Relationship Manager, at 615-734-6186 or hahicks@ftb.com for additional details.

4. Mentoring. With more and more attorneys hanging up their shingles right out of law school, it is critical that the Bar provides plenty of opportunities to mentor and be mentored. One such opportunity is the NBA's Lawyer2Lawyer program. This program is a web-based resource designed to connect experi-

2014 NBA BOARD OF DIRECTORS

enced attorneys with newer attorneys who desire assistance with substantive legal issues or with the personal and professional demands of practicing law. NBA Mentors are seasoned attorneys committed to offering guidance and support to further elevate the competence, professionalism, and success of new NBA attorneys.

5. Pro Bono and Civic Opportunities. In our membership survey conducted last year, we learned that our members truly value being able to serve their community. Through the NBA, you can help serve your community and help improve the image of lawyers by participating in a host of programs such as the Nashville Pro Bono Program, the High School Mock Trial competitions, Dial-A-Lawyer (a free call-in service where members provide general legal information to the public), or through one of the many projects offered through the Minority Opportunities Program.

6. Honoring Those Who Have Dedicated Themselves to the Practice of Law. Among the important activities of the Historical Committee are the biannual memorial services for deceased members of the Nashville legal community. According to the Minutes of the Chancery Court, the Bar has been conducting these services since at least 1904. For at least the last few decades, these services have been held at Downtown Presbyterian Church. If you have not attended one of these services, I encourage you to do so as they are both moving and enlightening. Members of the Bar and the family of the deceased are invited to this event. Resolutions on the lives of the deceased are read and recorded in the Chancery Court Minutes kept in the Clerk & Master's office. Many family members have are moved and are grateful for this service. The next memorial service will be held on November 20, 2014, at 11 a.m.

You truly do get a lot of value for your membership dollars. Take the time to learn more about what the NBA offers. Peruse the Bar's website at www.nashvillebar. org. You will be glad you did. n

Charles K. Grant, President Edward D. Lanquist, Jr., President-Elect Dewey Branstetter, First Vice President John C. McLemore, Second Vice President Thomas J. Sherrard, Immediate Past President Stacey Billingsley Cason, Secretary Nicole James, Treasurer Hon. Joe B. Brown, Assistant Treasurer Gareth Aden, General Counsel Hon. Joe P. Binkley, Jr. Kathryn S. Caudle Irwin J. Kuhn Claudia Levy Hon. Randal S. Mashburn Jeffrey Mobley Andrea P. Perry Matt Potempa Sara F. Reynolds Nathan H. Ridley Maria M. Salas Saul Solomon Jocelyn A. Stevenson Overton Thompson, III M. Bernadette Welch

Got an Idea for an NBJ Article?

We want to hear about the topics and issues readers think should be covered in the magazine.

Send it to nikki.gray@nashvillebar.org

NASHVILLE BAR ASSOCIATION Each day, we work hard to help people and businesses in our community. The NBA has a wide variety of services and programs that can help lawyers work smarter, stay informed and keep connected with fellow attorneys. From sole practitioners to the largest firms, from legal aid attorneys to those in private practice, the NBA supports all of us so we can better serve our clients and the justice system.

Our Bar Association is much more than just a collection of services.

The power of our membership lies in the power of the people.

https://www.facebook.com /NashvilleBarAssociation

@theNashvilleBar

WE are the Bar. And together, we shape the future of the legal profession.

Nashville Bar Journal - October 2014

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communiqué Be an Informed Voter There are four constitutional amendments on the November 4, 2014 ballot this year covering subjects as far ranging as abortion, judicial selection, taxes, and gambling. Two of these proposed amendments are addressed within this issue; however, more information with links to the language of each amendment is available at http://ballotpedia.org/Tennessee_2014_ ballot_measures. Early voting beings October 15.

Information about the candidates up for election, along with sample ballots, are available of each county’s government website: Davidson: http://www.nashville.gov/Election-Commission.aspx Williamson: http://www.williamsoncounty-tn.gov/index.aspx?nid=40 Sumner: http://www.votesumnertn.org/

TUNE AWARD NOTICE

Davidson County Judiciary: New for 2014 Allegra Walker comes to the General Sessions Court, Div. IV bench after spending six years at the Davidson County District Atttorney’s office where she specialized in prosecuting domestic and family violence and elder abuse crimes. Prior to joining the DA’s office, Walker served as an assistant public defender for seven years. Walker graduated from the University of Toledo College of Law in 1996 and has been licensed to practice in Tennessee since 2000. The 43 year old is married to Shelton Walker and they have one child.

Nominations are being sought for the John C. Tune Public Service Award to be presented at the Annual Meeting & Banquet on December 4, 2014.

NSL LIBRARY OPEN TO ALL

This award is to be given to the Nashville Bar Association member who has shown the highest degree of dedication not only to his or her work as a lawyer but to the betterment of the community in which he or she lives.

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. Because of the nature of the award and the fact that it is to be considered the highest award which can be bestowed upon a member, it was decided that the award did not necessarily have to be given annually, but only when there is someone deserving of this award.

The Nashville School of Law library is a resource available to the entire legal community. It is located near 100 Oaks Mall at 4013 Armory Oaks Drive.

The library open from 8:30 a.m. to 10:30 p.m. on Mondays through Thursdays, and from 8:30 a.m. to 6 p.m. on Fridays through Sundays. Ample, convenient, and free parking is available. In addition to its collection of federal and state reporters, the library provides free access to WestlawNext. Limited copying services are also available for a modest fee.

If you would like to nominate someone, please provide a detailed letter telling us why you feel the person is deserving. Nominations should be directed to Traci Hollandsworth at 615-242-9272 or traci.hollandsworth@nashvillebar.org. Deadline for nominations is October 21, 23014.

-Golden Oldies

NBA Annual Memorial Service The Nashville Bar Association's annual Memorial Service will be conducting the service on Thursday, November 20, 2014 at the Downtown Presbyterian Church. The service begins at 11 a.m. with a reception immediately following in Fellowship Hall.

A project of the NBA's Historical Committee, the Memorial Service honors the memory of those Nashville lawyers and judges who passed away during the preceding six-month period.

Memorial resolutions, recounting the lives and legal careers of the deceased individuals, are prepared and then read at the service by friends and colleagues of the bench and bar.

Family members and friends of the deceased are invited to attend.

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Nashville Bar Journal - October 2014

Gareth Aden correctly identified the individuals in the August 2014 Golden Oldies photo.

Pictured are: Judge Henry Todd and Charlie Cornelius Sr.

NBA Free Member Picnic!

We had a wonderful time at the 17th Annual Nashville Bar Association Member Picnic, co-sponsored by Metro Law Department! The event was held on September 25, 2014, at Hall of Fame Park and we had over 300 members join us for the fun!

Prize Winners: NBA winner - Karen Lewis J. Hilburn winner - Robert O’Weaver IPSCO winners - Ben Allen & John Lomascolo Vocational Economic winners - Tom Lewis, David Bordenkircher, Jimmie Lynn Ramsaur, Perry Happell If you missed this opportunity to mingle with other local attorneys and judges then you don’t want to miss the Annual Meeting & Banquet! Mark your calendars now – this year’s event will be held on December 4th at the Wildhorse Saloon.

Exclusive Sponsors:

Event Sponsors:

ABA Retirement Funds Program Grumpy’s Bail Bonds Logic Force Consulting Nashville School of Law Professional Design & Printing Thomson Reuters Vocational Economics

NBA Calendar of Events October 17, 2014 Tennessee Supreme Court Historical Society Cocktail Reception @ The Cordelle (45 Lindsley Avenue, Nashville, TN) -----------------------------------------------------October 20, 2014 Happy Hour hosted by Baker Donelson 4:30 - 6 p.m.

-----------------------------------------------------November 18, 2014 NBA Swearing-In @ AA Birch Building

November 19, 2014 Happy Hour hosted by Bone McAllester Norton 4:30 - 6 p.m.

-----------------------------------------------------------November 20, 2014 NBA Fall Memorial Service @ Downtown Presbyterian Church -----------------------------------------------------------December 4, 2014 NBA Annual Meeting & Banquet ------------------------------------------------------------

Nashville Bar Journal - October 2014

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Feature

AMENDMENT 1 “Tennessee Legislative Powers Regarding Abortion”

Undoubtedly, issue of abortion is one of the most controversial and fiercely by: EleanortheWetzel debated political issues of our time, and any resolution of this issue can only be achieved through deliberative, thoughtful, and dialogue.

—Tennessee Undoubtedly, the issue of abortion is one of public the most controversial and fiercely debated political 1 Supreme issues ofCourt our time, and any resolution of this issue can only be achieved through deliberative, thoughtful, and public dialogue. —Tennessee Supreme Court1 Amendment 1: What Is it?

The Tennessee Legislative Powers Regarding Abortion, Amendment 1, is one of four constitutional amendments up for a yes/no vote on the November 4, 2014 ballot. It reads: Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.

While proponents of Amendment 1 assert that it merely restores neutrality to the Tennessee Constitution, the political motivations behind the proposal are evident by the campaign supporters: key Republican leaders, including the Tennessee Federation of Republican Women that proposed a Resolution in favor of Amendment 1,2 and Tennessee Right to Life.3 According to “Yes on 1,”4 the organization leading the campaign, the purpose of the proposed measure is safety and the language deliberately chosen: The wording of this Amendment was carefully drafted by the nation’s top pro-life constitutional attorneys and organizations so that it would be compatible with what we are trying to accomplish. Each word was carefully placed so that it would enable legislation that will save the lives of unborn children and protect abortion-vulnerable mothers. Without passage of Amendment 1, Tennessee’s Constitution will continue to be interpreted as protecting a so-called ‘state right to abortion’ and denying the opportunity to enforce common-sense pro-life protections such as informed consent for women considering abortion and regulation of the state’s busy abortion facilities.5 On the other side, voicing privacy concerns, is “Vote No on 1 Tennessee,”6 garnering support from the Democratic Party of Tennessee that passed a Resolution opposing the measure,7 Planned Parenthood,8 American Civil Liberties Union,9 Tennesseans for Preservation of Personal Privacy, and 6

Nashville Bar Journal - October 2014

clergy groups like Memphis Faith Leaders.10 “Vote No on 1” provides the following explanation for the Amendment’s phrasing: Amendment 1 is carefully worded in order to deliberately confuse voters about the real intention and motives of those behind the amendment. The people and organizations supporting Amendment 1 have clearly said that they believe all abortion should be illegal, no matter what. When many people read the Amendment, they believe that there will be guaranteed exceptions for women who are victims of rape or incest, or when a woman’s health is in danger.

In simple terms, Amendment 1 says two things: 1. There is absolutely no right to abortion, and Politicians can pass laws for exceptions in case of rape or incest, or when a woman’s life is in danger, if they choose to.

2. There is no requirement that they do so. There is not even an exception for extreme cases like when a pregnant woman needs treatment for cancer.11 Before delving further into legal analysis, it is helpful to review the history behind the legislatively- referred constitutional amendment.

Legislative History The genesis of Amendment 1 dates back to 2009, when then-State Senator (R-6), now U.S. Senator, Diane Black, introduced Senate Joint Resolution 127 (SJR 127),12 which was later sponsored by Senator Mae Beavers (R-17).13 It took approximately two years for proponents to secure the required two-thirds vote from both chambers for the referendum.14 Since Tennessee

is the only state requiring constitutional referendums on gubernatorial ballots15, strategists on both sides had three years to prepare their respective campaigns.16 The official “Yes on 1” campaign launched in April 2013, with the kickoff event hosted

by Tennessee Lt. Gov. Ron Ramsey.17 Interestingly, during the legislative debate, the senate killed all proposed amendments to SJR 127 that would have retained protections for victims of rape and incest or women whose lives were threatened due to pregnancy.18 As presently drafted, the Amendment grants legislators free reign to create laws that, in theory maintain the holding of Roe, while in practice create burdens that have shuttered abortion clinics across the nation.19 Representative Sherry Jones (D-59), stated at the “Vote No on 1”’ September 2014 “Statewide Week of Action” that the legislature is poised to enact some of the most severe measures. While subsequent laws may be found unconstitutional under the state or federal constitution, such decisions may not be rendered for many years due to the lengthy appeals process (Planned Parenthood v. Sundquist took nearly a decade).

Regardless, there is a great likelihood Tennessee would enact restrictions similar to those in the surrounding states—statutes that have been deemed some of the stringent regulations in the nation.20 Planned Parenthood v. Sundquist –What Is the Specific Holding?

The impetus for Amendment 1 is the Tennessee Supreme Court decision, Planned Parenthood of Middle Tennessee v. Sundquist, characterized as “radical”21 by “Yes on 1”: Although Tennessee has historically been a national leader in the passage of protective, prolife legislation, the TN Supreme Court stripped away many of these protections with its finding of a fundamental right to abortion in our state Constitu-

tion on September 15, 2000.

As a result, abortion policy in Tennessee has become basically “abortion on demand.”22 Planned Parenthood v. Sundquist marks the first time Tennessee’s highest court considered the issue of abortion under the state Constitution; however, the Court previously held in a 1992 opinion, Davis v. Davis,23 that the “right to procreational autonomy [is] inherent in our most basic concepts of liberty.”24 It was the same year the Davis decision came down that Planned Parenthood v. Sundquist commenced; in 1992, the American Civil Liberties Union of Tennessee, National ACLUE Reproductive Freedom Project, and Planned Parenthood Federation of America filed a lawsuit on behalf of the local Planned Parenthood affiliate to challenge Tennessee’s abortion statute. The appeals process took eight years, culminating in the Tennessee Supreme Court holding “a woman’s right to terminate her pregnancy is a vital part of the right to privacy guaranteed by the Tennessee Constitution.”25 In this decision, the Court also found that the state constitution provides greater protection to religious freedom26 and freedom of speech.27 As the Court explained, the framers of the Tennessee Constitution elected to use different language than the framers of the U.S. Constitution; these “difference in expressions of right are particularly relevant to determining the ‘concept of liberty’ embodied in the constitution.”28 Acknowledging it may not “discount” the framer’s language, the Court found it “is subject solely to the qualification that [it] may not impinge upon the minimum level of protection established by Supreme Court interpretations of the federal constitutional guarantees.”29 But, as the court of last resort for Tennessee’s Constitution, it “may impose Continued on Page 14 

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Feature (point)

AMENDMENT 2 Behold a Trojan Horse by:

Matt Sweeney

Most everyone probably would agree we should have fair-minded, competent, experienced appellate judges who follow the law. Likely, there would be substantial debate, however, about the proper meaning of each term. There would be even greater disagreement about how those judges should be chosen.

Tennessee has used several methods to choose appellate judges. Under the 1796 Tennessee Constitution, the legislature appointed judges.1 The Constitution of 1853 provided for their election, as did the 1870 Constitution, which (as amended) is still in use today.2 Both constitutions further provided, however, that “[t]he election of all officers, and the filling of all vacancies not otherwise directed or provided by this Constitution, shall be made in such manner as the Legislature shall direct.”3 In the late 1930s, groups across the country advocated for “merit selection” of judges to lessen political influence. Merit selection typically involves appointment by the governor from a list of nominees screened for qualifications by a commission, followed by a retention election. The American Bar Association endorsed merit selection in 1937, and in 1940, Missouri became the first state to change from popular election to merit selection. In 1971, the Tennessee General Assembly enacted the “Tennessee Plan,” which prescribed a meritbased selection and election process for all appellate judges.4 Under the plan a commission reviewed judicial applications and selected a panel of nominees, whose names were submitted to the Governor.

The Governor was required to choose from that or an alternate panel.

The judge would then stand for a retention election within two years and, thereafter, at the end of each eight year term.5 In 1974, the plan was repealed as to the Supreme Court,6 but in 1994 was reauthorized.7 As discussed in other articles, questions have arisen over the years regarding whether the Tennessee Plan is constitutional.8 Several special Tennessee Supreme Courts have upheld its constitutionality, consistent with the authority of the legislature to prescribe the method 8

Nashville Bar Journal - October 2014

of election.9 Most recently, the issue was addressed in Hooker v. Governor Bill Haslam, M2012-01299-SC-R11CV (Tenn. Mar. 17, 2014), affirming the pervious conclusions of constitutionality.

Nonetheless, the debate continues. In 2012, the General Assembly adopted Senate Joint Resolution 701, proposing a constitutional amendment to provide for the selection and retention election of our appellate judges. If adopted, Art. VI, § 3 would be amended to provide:10 Judges of the Supreme Court or any intermediate appellate court shall be appointed for a full term or to fill a vacancy by and at the discretion of the governor; shall be confirmed by the Legislature; and thereafter, shall be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within sixty calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session.

The Legislature is authorized to prescribe such provisions as may be necessary to carry out Sections two and three of this article.

On November 4, 2014, the public will vote on this proposal.

Amendment 2 is supported by the Governor, the Speakers of both houses, and virtually all bar associations in the state that have taken a position. It will settle the constitutional argument. Supporters imagine it also will assure that quality judges serve on our appellate courts.

But will it?

An attractive populist argument can be made that the public should elect judges.

Twenty-one states have partisan or nonpartisan elections for the members of their highest court; seventeen have elections for their intermediate appellate courts.11 There are, however, many problems associated with such elections. One basic concern is that elections promote political popularity over both legal ability and correct decision making. Routinely judges must make difficult and sometimes politically unpopular, but required, decisions.

Judges should not fear dismissal for making a proper although unpopular decision.

Judges are not representatives charged to vote the will of constituents; rather, they take an oath to serve impartially and to uphold the law.12 Additionally, contested judicial elections are expensive and fundraising provides opportunities for corruption and special interest influence.13 The American Judicature Society reports that “[s]ince 1993, candidates for seats on Alabama’s supreme court have raised more than $58 million.

The 2006 elections saw the most expensive judicial race in state history and the second most expensive in U.S. history, with candidates for the chief justiceship raising $8.2 million.”14 Where does that money come from? And why?

Merit selection of appellate judges is used in 25 states.15 A strong argument can be made that merit selection provides at least some assurance that unqualified candidates will not be chosen.16 However, such a mechanism is no guarantee of quality.

Influential friends and sycophants still can be appointed.17 A merit system with a robust independent screening process, alone or in combination with legislative confirmation, however, may buffer some of that influence.

Perhaps Amendment 2 will work well, at least as envisioned by some. However, it needs to be recognized that the amend-

ment does not provide for merit selection, robust or otherwise. Instead, it provides that the Governor may make appointments at his “discretion,” which the legislature can confirm or reject, followed by a retention election. The amendment does not provide for candidate screening, or for a nominating commission or for criteria the Governor should use in selecting a judge. Arguably, vested with constitutional “discretion,” a governor might even disregard nominees proposed by a selection commission, should one later be established by statute. The amendment says nothing about how the legislature may exercise its authority. Rather, it can refuse to confirm even the most eminently qualified nominee, for no reason whatsoever. The amendment allows the legislature to fill in the blanks in the process: “The Legislature is authorized to prescribe such provisions as may be necessary to carry out Sections two and three of this article…”18 Hmmm.

And what will the legislature do? The wild card is the Senate Speaker, Lt. Gov. Ramsey. As a practical matter, he and his appointees dominated the previous statutory commission that expired last year.

They followed extra-legal procedures in consideration and selection of nominees: political considerations were given more weight than qualifications, contrary to the requirements of the statute that the best qualified be recommended to the Governor.19 Governor Ramsey demonstrated in the recent Supreme Court retention election his interest in political control of the courts.20 Presumably, the amendment grants the legislature authority to establish a new selection commission, replacing the one administratively established last year by the Governor. Should it do so, the legislature, and particularly Lt. Governor Ramsey, could dominate the selection process as under the now sunset Judicial Selection Commission, giving it or him the ability to dictate to the Governor who should be considered and, in fact, who should be appointed, because it or he could control

both ends of the process. In the currently politically-charged atmosphere, the selection process would be merit selection only in name and would cripple the independence of the appellate courts, similar to what the Lt. Governor attempted to do to the Tennessee Supreme Court, only to a deeper and greater extent, embracing the entire appellate judiciary.

So, what is one to do?

Could Amendment 2 make judicial selection more political than partisan elections? Certainly. If the Legislature were to implement Amendment 2 as suggested above and with the influence demonstrated in recent years, it would politicize every appellate court. If party control eventually changed, havoc would merely run in the other direction.

Could elections be worse? Sure. If every election was partisan and hotly contested, the influences of money and issue campaigning could make judicial selection worse. That, however, is unlikely. There are simply too many appellate races and not enough at stake in each to attract the money and interest.21 So probably only the Supreme Court would be exposed. As bad as that would be, it would not corrupt the entire appellate judiciary.

And there is always hope that if Amendment 2 fails, cooler heads will prevail and people would recognize that the current system, which multiple courts have found constitutional, best serves this state.

Under the current plan, both houses of the General Assembly and the Governor have a say in the nominating process, as do lawyers and the public. The Governor then has the ability to sort through vetted nominees to determine who might be best for which court at which time, a job which he has done well. If the public finds a judge wanting, it can vote her out.

Tennessee has a fortunate appellate judicial Continued on Page 18 

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Feature (counter-point) Trojan Horse?

The Horse Is already in the City AMENDMENT 2: CounterPoint by:

Bill Koch and Lew Conner

Matt Sweeney has provided an accurate historical summary of Tennessee’s 218-year experience with selecting and retaining judges. The conclusion he draws is that Amendment 2 – which will be on the November 4, 2014 ballot – is a Trojan horse that will empower the General Assembly to work mischief on the manner in which state appellate judges will be selected and appointed. It’s a colorful metaphor to be sure. Unfortunately, it’s misplaced because, accepting the metaphor’s premise, “the horse is already in the city.”

The Tennessee Supreme Court became a constitutional court in 1834.

It is the only state court required by the Constitution of Tennessee.

Tenn. Const. Art. VI, § 1 empowers the General Assembly to create (and presumably abolish) all other state courts. In addition, Tenn.

Const. Art. VI, §§ 3 and 4 explicitly permit the General Assembly to prescribe the manner in which state judges are chosen and elected, as long as the procedures it adopts are not contrary to the other requirements in Tenn. Const. Art. VI. Thus, under current law, the General Assembly’s authority over the selection and election of both justices and appellate judges is very, very broad. The General Assembly has an essentially free hand. It can implement a merit selection plan similar to the process that has been in place since 1971. It can require state-wide contested partisan elections. It can implement a process similar to the one used to select federal judges. Or it can decide to take on the responsibility of appointing judges just as was done prior to 1853.

A very important point that is being lost in the static of the debate over judicial selection is that Amendment 2 will actually decrease the General Assembly’s authority. That’s right. The General Assembly will have less control over the manner in which appellate judges are selected and elected than it does now. If Amendment 2 passes, (1) the power to appoint judges will be explicitly vested in the governor and (2) the judges will run in “retention elections.”

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Nashville Bar Journal - October 2014

The requirement of “retention elections” will likely prevent returning to partisan state-wide elections with all of their attendant adverse consequences.

Among them are huge sums of money, both from Tennessee and afar, being “invested” in the elections, particularly those for our Supreme Court Justices, and the resulting bias, which has historically appeared in nearly every state touching Tennessee in the 42 years that this State has selected most of its appellate judiciary merit selection.

During that entire period this system has provided stability, reliability and consistency throughout the appellate process. There has never been a hint of judicial impropriety or perceived political bias as to any of their many judicial rulings over all those years.

Tennessee has just dealt with the only partisan election ever since our Merit Selection Plan came into being. If Amendment 2 passes there should never be another. Justices and appellate judges can spend their time judging, not running for re-election and raising money on a partisan basis every other election cycle.

Why, one might ask, would the General Assembly be so eager to diminish the authority it presently has? That’s a good question. The most likely answer is that through the efforts of a solitary constitutional pied piper, many legislators fear that the current way Tennessee’s appellate judges are selected and elected is unconstitutional. It mat-

ters little that the current system has been found to be constitutional in 1972, 1996, and 2014. The legislators view Amendment 2 as a way to end this decades-old debate once and for all. In light of the legal system’s inability to end the debate, amending the Constitution to bolt down the essential parts of the current system may be the only way to end the discussion and move on.

Sweeney's historical summary illustrates one additional fact. Any judicial system adopted in Tennessee will only be as good as the persons operating it. The people were fed up with the way the General Assembly was selecting judges, and so they took the power away from the General Assembly in 1853. The General Assembly took the power to name judges away from the Democratic and Republican State Executive Committees when it enacted the merit selection plan in 1971, in a bipartisan vote. In 1995, the General Assembly created an evaluation commission to provide the citizens information about the performance of all appellate jurists seeking re-election.

Sweeney’s conclusion is that we should simply roll the dice, defeat Amendment 2, and then man the barricades to prevent any changes in the status quo. It’s a courageous position. It might work, but it might not. Before we double down on status quo, we should keep in mind what the opponents of the current system will say if Amendment 2 is defeated. They will proclaim that the failure of Amendment 2 to pass reflects the public’s dissatisfaction with the current system and that the failure of Amendment 2 is a mandate to return to state-wide partisan elections.

Will the General Assembly be influenced by this argument? It might not, but it very well might.

Approving Amendment 2 will avoid fighting this high stakes defensive battle and will enable the Executive and Legislative Branches, with the input of the bench, the bar, and the public, to create a process

to select and retain appellate judges that will serve the public good for the future.

That process, even though it has risk, will be much more constructive than watching all vestiges of the current system slip through our fingers. We strongly believe that voting “yes” on Amendment 2 is in the best interest of all Tennesseans.  Bill Koch is a former Supreme Court Justice and before that was a member of the Court of Appeals and Counsel to Governor Lamar Alexander. He now serves as Dean of the Nashville School of Law. Lew Conner is a former Court of Appeals Judge and also a former President of the NBA. He was very involved in the recent re-election campaign of Justices Lee, Clark and Wade. He is a member of Waller.

No system will ever be devised that will be completely impervious to politics or to the machinations of those pursuing their own agendas rather than the public good. This will be the case whether Amendment 2 passes or not. Thus, no matter what process Tennessee uses to select its judges, the bench, the bar, and the citizens must insist that the persons who have a role to play in the process are committed to the rule of law and are prepared to subordinate their personal agendas to the good of Tennessee’s legal system.

Nashville Bar Journal - October 2014

11

BIL L G A & PH DG ET O IL'S F THE

MONTH

iPhone 6 The Smartphone That Just Keeps Getting Smarter

By: Bill Ramsey, Neal & Harwell, PLC and Phillip Hampton, LogicForce Consulting

It's amazing the way mobile smartphone technology has accelerated our sense of technical obsolescence. During the swiftly fading PC-era, a good hearty desktop PC was "current" and completely functional for at least a good three, maybe five years. How times have changed as computers have miniaturized and morphed into mobile devices that we carry as constant companions. Yesterday's cool smartphone (the main computing device for many professionals) is quickly outdated within months of release, as cash-craving tech companies rush to market with the newest model that we just can't live without. No one exemplifies this accelerated obsolescence model more than Apple, who in fact ushered in the smartphone era back in 2007 with the introduction of its funny-looking phone called the iPhone. Building on the unprecedented success of that novel invention (and using its sizable wad of cash), Apple keeps upping the ante with a new model that is so bright and shiny, it makes last year's model look so, so…well, dated.

Apple has done it again in 2014 with version 6 of its record-breaking smartphone. Apple tinkered with the successful formula in 2013 by introducing the iPhone 5 alongside the "cheap" 5c model. In 2014, however, Apple has completely re-written the formula by introducing the larger iPhone 6 alongside the much, much larger (and more expensive) iPhone 6 Plus. Will it work? We think so. Apple continues to dominate the U.S. smartphone market; and our first experiences with the new generation 6 models leads us to believe that this dominance will continue.

The most obvious enhancement in the iPhone 6 models is the much larger display sizes (4.7 inches for the iPhone 6 and a whopping 5.5 inches for the 6 Plus). Compare these new displays to the 4-inch iPhone 5 (which you probably thought was the coolest phone ever) or even the surprisingly still popular 3.5-inch iPhone 4S; and you'll certainly start feeling cramped and claustrophobic using your suddenly obsolete smartphone.

Give a nod to Apple's erstwhile competitor, Samsung, for the iPhone's display expansion. Way back in 2011 Samsung introduced a huge new smartphone form factor called the Note. We were skeptical back then….it was so big it looked ridiculous holding it up to your ear while talking on the phone. We never thought the giant phablet (smartphone/tablet combined in one) would ever catch on. We were wrong (make a note….doesn't happen often). Not only was the Samsung Galaxy Note a huge success, Samsung quickly followed up with the Note 2 and Note 3 models with even larger displays; and (as of this writing) Samsung promises to debut the all new Note 4 any day. So yes, the innovative Apple was late to the large display party; but they have arrived now and have arrived in style.

We recently got our hands on a brand new iPhone 6 and were struck again by how Apple continuously makes "pretty" electronics (for lack of a better word). The 6 is just stylish, sharp, super thin, and the display….wow. If you liked 12

Nashville Bar Journal - October 2014

STATEMENT OF OWNERSHIP Required by 39 U.S.C. 3685

Continued from page 12

iPhones in the past, you are going to love the iPhone 6. Of course it is running the latest and greatest version of the Apple mobile operating systems, iOS 8 (which apparently still has a few bugs); and there are a host of new features in the software. We concentrated our attention on the hardware changes, however. In addition to the slimmer size, we noted the faster operation of basic functions owing to the upgrade A8 processor embedded in the 6 (this is especially noticeable if you are migrating from the iPhone 4 or 4S).

While the camera has the same megapixels as the iPhone 5, Apple touts its improved “autofocus” technology in the iPhone 6 as the reason you can take better photos. Possibly the most intriguing upgrade to the iPhone 6 (that has not been fully implemented as of this writing) is the addition of the Apple Pay system where you will be able to make purchases using your phone and its built-in NFC (near field communications) technology. This technology, if it proves workable and is widely adopted, could represent yet another Apple innovation that revolutionizes the market.

While we loved just about everything new on the iPhone 6, our eyes kept darting back to the web page featuring the 6's big, big brother, iPhone 6 Plus.

We couldn't resist. We ordered and are awaiting shipment (we're cautiously optimistic that we won't see the bending problem widely reported in the media). The 5.5-inch display, while still smaller than the Galaxy Note 3's 5.7-inch display, is still a giant leap forward for Apple. We think perhaps the 6 Plus could cannibalize the market for Apple's iPad Mini. Why do we need a slightly bigger tablet that doesn't even make calls? Once the 6 Plus arrives, we'll run it through its paces and compare to the Note 4 (which we also plan on buying once they open it up to the U.S.). We have already spent our gadget budget for 2014, so we are borrowing from the 2015 budget. We don't recommend this for everyone; otherwise you will soon go broke trying to stay ahead of the perceived obsolescence curve. But if you are legitimately in the smartphone market, you can't go wrong with the iPhone 6.

See you next month, —Bill & Phil

1. Publication title: Nashville Bar Journal. 2.

Publication No. 21962 3. Filed 09/20/14. 4.

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Nashville Bar Journal - October 2014

13

AMENDMENT 1 “Tennessee Legislative Powers Regarding Abortion” Continued from page 7

higher standards and stronger protections than those set by the federal constitution.”30 With this framework, the Court came to the following conclusion:

an emergency exception to the counseling and waiting period requirements when the patient’s life would otherwise be in danger.

Since case holdings are fact-driven and the specific language of the statutes was the issue before the tribunal, the Court ruled:

fail[ed] to pass muster under an undue burden analysis.” The Court clarified that though the statute refers to a “two-day waiting period,” it was actually a three-day waiting period because the patient may not sign the consent form until the third day; the Court found three days an “extremely long waiting period, the longest in the nation, suggest[ing] that the waiting period requirement is not intended as an opportunity for reflection, but [was] actually intended as an obstacle to abortion.”37

The concept of ordered liberty embodied in our constitution requires our finding that a • While the State had a comwoman's right to legally termipelling interest of protecting nate her pregnancy is fundawomen’s health in enacting mental. The provisions of the the second trimester hospiTennessee Constitution imply talization requirement, the protection of an individual's regulation as written was not right to make inherently pernarrowly tailored to meet that sonal decisions, and to act on interest; thus, the provision those decisions, without governfailed strict scrutiny;35 ment interference. A woman's termination of her pregnancy is Tennessee is one of three states holding a just such an inherently intimate referendum for a constitutional amendment and personal enterprise. This on abortion, with national media • “As written, the medical emerprivacy interest is closely identifying Tennessee as “the nation’s gency exceptions fail[ed] to pass aligned with matters of biggest abortion battle.” constitutional muster. They marriage, child rearimpermissibly impinge[d] upon ing, and other procreational • “Although it is important a woman's fundamental prointerests that have previously that a woman contemplating creational autonomy because been held to be fundamental. abortion be informed ‘in acthey d[id] not contain adequate To distinguish it as somehow cordance with the recognized provisions that w[ould] permit non-fundamental would require standard of acceptable profesimmediate abortions necessary this Court to ignore the obvious sional practice,’ the physicianto protect a woman's health”; corollary.31 only counseling requirement therefore, they created an undue [was] not narrowly tailored to burden.38 Planned Parenthood v. Sundquist, however, accomplish this requirement” did not hold that all limitations to aborand could not be upheld even tion are unconstitutional. The abortions As long as a State measure for safety satisunder the less exacting undue statutes at issue in Planned Parenthood v. fies the strict scrutiny standard, Tennessee burden analysis. Since the Sundquist, (codified at T.C.A. §§ 39–15– may impose substantial restrictions on “information may be pro201 and –202),32 were categorized as some abortion under the existing law. vided to the woman contemof the “strictest abortion restrictions in the plating abortion by another nation” at that time.33 The three specific Current Abortion Regulations healthcare professional and restrictions at issue: (1) the mandate that in Tennessee the same result be achieved” second trimester abortions be performed Much to do has been made about Tennesthe Court “conclude[d] that in a hospital, (2) the requirement that a see’s “unregulated abortion.”39 A primary the purpose or effect of the woman be given state-mandated informa“Yes on 1” talking point is the necessity of physician-only requirement is tion by her physician three days before an a constitutional amendment for the Deto place a substantial obstacle abortion (commonly referred to “informed partment of Health to inspect and regulate in the path of a woman seekconsent” even if the required informaabortion facilities.40 In response, “Vote 36 34 ing an abortion.” tion may not be scientifically accurate ), No on 1” frequently cites that “abortion is (3) the requirement that after receiving already the most highly-regulated medi• The “two-day waiting period this information, the patient must wait a cal procedure in Tennessee.” None of the ha[d] the effect of placing ‘a mandatory two-day period before returncampaign literature, however, provides any substantial obstacle in the ing to the attending physician to sign a specific sources regarding the regulations.41 path of a woman seeking form before the procedure. The Court also an abortion,’ and therefore was asked to address the requirement of What are the regulations imposed on the 14

Nashville Bar Journal - October 2014

seven remaining abortion clinics in Tennessee?42 Pursuant to T.C.A. § 68-11-223, the Tennessee legislature defines “any place or building that provides medical or surgical services to terminate pregnancies as an ‘ambulatory surgical treatment center’” (ASTC).43 The Court of Appeals acknowledged in Tennessee Department of Health v. Boyle that “[i]n terms of state regulation the consequences of being an ASTC are enormous.”44 All ASTCs fall under the authority of the Tennessee Department of Health.45 While private practitioners are not categorized as ASTCs,46 generally safety and regulatory concerns are directed at health clinics like Planned Parenthood, which are categorized as ASTCs subject to Department of Health regulation.

Planned Parenthood affiliates, for example, are identified publicly as Department of Health licensed organizations (dating back to the 1970s) on Tennessee Government’s official website.47 Further, as detailed in the endnotes, Tennessee has maintained criminal statutes regulating abortion (T.C.A. §§ § 39-15201–209)48—only select provisions were invalidated Supreme Court’s 2000 decision— as well as additional requirements deemed constitutional, including parental consent for minors and telemedicine ban on medical abortions. Additionally, effective July 1, 2014, health plans offered in the State’s health exchange under the Affordable Care Act may not provide coverage of abortion and public funding is only available for cases of life endangerment, rape, or incest.49

Competing Interests: What Is Really at Stake?

It is common in any debate that both sides engage in some hyperbole. But, what really is at stake?

While the “Yes on 1” campaign expresses concern about safety and “protections” for “abortion-vulnerable women,” it is evident that Tennessee law already imposes regulations. Additional statutory regulations could pass constitutional muster without amending the constitution.

“Vote No on 1” advocates privacy, citing the Amendment starts the slippery slope of what other privacy rights may be subject to government interference. The wording of the Amendment, however, explicitly limits it to abortion specifically.

Other privacy rights embodied in the state Constitution would require their own constitutional amendment, a difficult and lengthy process.

Pursuant to Tennessee law, casting a vote for governor is required for a citizen’s ballot to also be counted on proposed constitutional amendments.52 How to vote, however, is still your choice. 

What is undisputed, however, is the Amendment, if ratified, empowers legislators to impose a variety of restrictions regardless of rape or medical necessity. “Yes on 1” coordinator and board member, Lorene Steffes, states the goal is to enact at least the three “protections for women and the unborn”, identifying counseling patients with state-mandated information, 48-hour waiting periods, and stricter licensing and regulation for abortion providers.50 While Steffes has not articulated specifics, it is likely that the Tennessee lawmakers would follow the trend of state legislatures across the southern region.51

(Endnotes)

Disregarding the politics of abortion, what is most troubling is the attempt to amend the constitution to undermine a core value contained within. While privacy interpretations are contained within the “penumbras” of constitutions, explicit in Tennessee’s Declaration of Rights are clauses placing great value and emphasis on individual autonomy. Historically, constitutional amendments have been ratified to secure or expand individual rights rather than impinge upon them.

Conclusion For the first time Tennesseans vote on whether abortion should be addressed in the Constitution. Simply stated, opponents of the amendment (voting “no”) wish to maintain the status quo in Tennessee while proponents (voting “yes”) support empowering state legislators to repeal current abortion laws and enact laws about women’s medical decisions without regard to circumstances surrounding the pregnancy—including when the mother’s life is at stake.

Eleanor Wetzel is licensed to practice law in Tennessee and Indiana.

Her focus is criminal law but she is highly interested in legal issues affecting women and families.

Planned Parenthood of Middle Tennessee v. Sundquist, 38 S.W.3d 1, 25 (Tenn. 2000).

2 Tennessee Federation of Republican Women, Resolution to Support Amendment 1, http://www. tnfrw.org/Amendment1.

3 Ballotpedia, Tennessee Legislative Powers Regarding Abortion, Amendment 1 (2014), http:// ballotpedia.org/Tennessee_Legislative_Powers_ Regarding_Abortion,_Amendment_1_(2014).

4 Yes on 1, http://www.yeson1tn.org/.

5 Yes on 1, FAQs, http://www.yeson1tn.org/faq.

6 Vote No on 1 Tennessee, https://voteno1tn. org/.

7 Tennessee Democratic Party, Resolution for No Vote on Amendment No. 1 on November Ballot (Jan. 25, 2014), available at http://healthyandfreetn.org/assets/files/Resolution-for-NOVote-on-Amendment-1.pdf.

8 Planned Parenthood of Middle & East Tennessee (PPMET), Proposed Abortion Ban in Tennessee, http://www.plannedparenthood.org/ planned-parenthood-middle-east-tennessee/ proposed-abortion-ban-tennessee.

9 ACLU, Election 2014: Reproductive Justice and the Dangers of Amendment 1, http://www.aclutn.org/Am1TN.html.

10 Vote No on 1, Memphis Faith Leaders Voice Opposition to Amendment 1, (Oct. 1, 2014), https://voteno1tn.org/2014/10/01/memphisfaith-leaders-voice-opposition-to-amendment-1/(“Amendment 1 isn’t really about the pro-life movement or the pro-choice movement,” said Rev. Dr. Stephen Montgomery.

“It’s about the right to make private medical decisions on your own, or with your family or doctor, without interference from politicians.

This amendment is an intrusion into our Godgiven private lives.”).

11 Vote No on 1 Tennessee, What the Language of the Amendment Means, http://voteno1tn.org/ learn/ (original emphasis omitted).

12 Tennessee General Assembly, Bill Information for SJB 127, http://wapp.capitol.tn.gov/apps/ Billinfo/default.aspx?BillNumber=SJR0127.

1

Continued on Page 16 

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15

AMENDMENT 1 “Tennessee Legislative Powers Regarding Abortion” Continued from page 15

Senate Joint Resolution 127, available at http://www.capitol.tn.gov/Bills/107/Bill/SJR0127. pdf; see also Tennessee General Assembly, Bill Information for SJR0127, http://wapp.capitol.tn.gov/apps/ BillInfo/Default.aspx?BillNumber=SJR0127 14 Id.; see also Project Vote Smart, SJR 127 – Abortion Specifications – Key Vote, http:// votesmart.org/bill/13395/35174/abortionspecifications.

15 Ballotpedia, Legislatively-referred constitutional amendment, http://ballotpedia.org/Legislatively-referred_ constitutional_amendment (explaining process to amend each state constitution).

16 See also Abby White & Andrea Zelenski, Behind the Amendment 1 vote lies a tangle of case law, confusion and conflict, Nashville Scene ( Sept. 25, 2014 ), available at http:// www.nashvillescene.com/nashville/behind-theamendment-1-vote-on-abortion-rights-liesa-tangle-of-case-law-confusion-and-conflict/ Content?oid=4704380; Ballotpedia,Tennessee Legislative Powers, supra note 3.

13

Anita Wadhwani, Tennessean Reporter, Campaigns begin push ahead of Tenn. abortion vote, USA T oday , Nov. 4, 2013, available at http://www.usatoday.com/ story/news/nation/2013/11/04/tennabortion-vote-battle/3429183/.

18 Democrat State Senator Roy Herron proposed these amendments. See, e.g., Joe White, Abortion Amendment up to State House (Apr. 18, 2011), http://nashvillepublicradio.org/ blog/2011/04/18/abortion-amendment-up-tothe-state-house/.

19 Guttmacher Institute, States Enact Record Number of Abortion Restrictions in 2011, http://www.guttmacher.org/media/ inthenews/2012/01/05/endofyear.html (“In the 50 states combined, legislators introduced more than 1,100 reproductive health and rights-related provisions, a sharp increase from the 950 introduced in 2010. By year ’s end, 135 of these provisions had been enacted in 36 states, an increase from the 89 enacted in 2010 and the 77 enacted in 2009.”); Center for Reproductive Rights, Productive Rights 2012: A Look Back at the States, http://reproductiverights.org/sites/crr. civicactions.net/files/documents/USLP_endofyear_Report_1.9.12.pdf (detailing 40 abortion and birth control restrictions enacted across 19 states).

20 See, e.g., Guttmacher Institute, State Center, http://www.guttmacher.org/statecenter; Julie Rovner, State Abortion Laws Face a New Round of Legal Challenges, Aug. 8, 2014, http://www. npr.org/blogs/health/2014/08/08/338832814/ state-abortion-laws-face-a-new-round-of-legalchallenges.

21 Yes on 1, http://www.yeson1tn.org/.

22 Yes on 1, FAQs, supra note 5.

23 Davis v. Davis, 842 S.W.2d 588 (Tenn. 1992).

24 Id.at 601. This finding is not unique to Ten17

16

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nessee as 16 state constitutions extend greater privacy rights to pregnancy termination than the federal constitution. NARAL, State Constitution Protection, http://www.prochoiceamerica.org/ what-is-choice/fast-facts/issues-constitutionalprotection.html.

25 Planned Parenthood, 38 S.W.3d at 25.

26 Id. at 13 (quoting. Tenn. Const. art. I, § 3) 27 Id. at 13 (quoting Tenn. Const. art. I, § 19.)

28 Id. at 14 (discussing the Tennessee Constitution’s “right of revolution”).

29 Id. at 15.

30 Id. at 15.

31 Id. 32 Id. at 6.

33 Wadhwani, supra note 17.

Chinué Turner Richardson & Elizabeth Nash, Misinformed Consent: The Medical Accuracy of State-Developed Abortion Counseling Materials, 9 G uttmacher P ol ’ y R ev . (Fall 2006), http://www.guttmacher. org/pubs/gpr/09/4/gpr090406.html.

35 “Substantial evidence was introduced at trial to indicate that abortions can be performed safely outside the hospital setting through at least the first eighteen weeks of pregnancy.”

Planned Parenthood, 38 S.W.3d at 18.“Moreover, in light of the complete absence of a medical emergency exception to the hospitalization requirement, the provision is constitutionally infirm even under the federal undue burden standard.” Id. at 19.

36 Id. at 21, 22.

37 Id. at 23-24.

38 Id. at 24.

39 Yes on 1, http://www.yeson1tn.org/why_yes_ on_1.

40 Yes on 1, http://www.yeson1tn.org/in_simple_words_what_is_the_thrust_of_the_amendment.

41 Planned Parenthood, Proposed Abortion Ban in Tennessee, http://www.plannedparenthood.org/ planned-parenthood-middle-east-tennessee/ proposed-abortion-ban-tennessee.

42 See White & Andrea Zelenski, supra note 16 (two in Nashville, two in Memphis, two in Knoxville, and one in Bristol).

43 Tenn. Code Ann. § 68-11-223; see also Tennessee Dep't of Health v. Gary C. Boyle, MD, M2001-01738-COA-R3CV, 2002 WL 31840685 (Tenn. Ct. App., at Nashville, Dec. 19, 2002).

44 Boyle, 2002 WL 31840685.

45 Tennessee Department of Health, http:// health.state.tn.us/whatwedo.htm.

46 Boyle, 2002 WL 31840685.

47 Tennessee Department of Health, Research providers and facilities, http://health.state.tn.us/ consumers.htm#research.

48 Tenn. Code. Ann. §§ 39-15-201 (distinguishing between criminal and lawful abortion, 1989 34

Pub. Acts, ch. 591, § 1); 39-15-202 (informed consent, children and minors, 1989 Pub. Acts, ch. 591, § 1; 1995 Pub. Acts, ch. 458, § 4, eff.

July 1, 1995; 2010 Pub. Acts, ch. 790, § 2, eff.

Oct. 1, 2010; Pub. Acts, ch.1008, § 2, eff.

July 1, 2012)(portions invalidated by Planned Parenthood v. Sundquist); 39-15-203 (requiring confidential reporting of abortions to Commissioner, 1989 Pub. Acts, ch.591, § 1); 39-15-204 (physicians right to refuse performing an abortion, 1989 Pub. Acts, ch.591, § 1), 39-15-205 (hospitals not required to admit patient for abortion, 1989 Pub. Acts, ch.591, § 1); 39-15206 (right of infant born alive during abortion to receive medical treatment, 1989 Pub. Acts, ch. 591, § 1); 39-15-207 (custody of infant born alive during abortion, 1989 Pub. Acts, ch.591, § 1); 39-15-208 (use of aborted fetus, crimes and offense, 1989 Pub. Acts, ch. 591, § 1); and 39-15-209 (ban of partial birth abortions, 1997 Pub. Acts, ch.414, § 1, eff. July 1, 1997).

49 Guttmacher Institute, State Facts About Abortion: TN, www.guttmacher.org/pubs/sfaa/tennessee.html. html.

50 White & Andrea Zelenski, supra note 16.

51 See supra note 18; Guttmacher Institute, State Policies in Brief: An Overview of Abortion Laws, Sept. 1, 2014, http://www.guttmacher.org/ statecenter/spibs/spib_OAL.pdf.

52 Tenn. Const., art. XI, § 3.

Key Abortion Cases & Statutes (State & Federal)

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17

AMENDMENT II Behold a Trojan Horse Continued from page 9

history. Unlike many of our surrounding sister states, Tennessee has largely avoided judicial corruption, political or otherwise.

The proposed constitutional amendment, however, is not merely an effort to “constitutionalize” the current merit system and to give a greater voice to the legislature. It has a different design and purpose, which may lead to the dismantling of Tennessee’s current moderate, independent, competent judiciary, with all the associated mischief.

Be wary when you vote. Danger lies hidden in the belly of the Trojan Horse.  Matt Sweeney is shareholder with Baker Donelson. He is a former Davidson County Circuit Court Judge and Presiding Judge of the District Trial Courts. By way of disclosure, he was appointed by Governor Lamar Alexander (before there was a merit selection system applicable to the trial courts) and later elected as a Democratic nominee to the court to complete the unexpired term of a retiring judge. He did not seek re-election. Some years later he sought appointment to the trial and appellate benches under two different merit selections systems; although once a nominee, he was never selected to serve. Most recently he unsuccessfully sought nomination to the Tennessee Court of Appeals in June 2013, just before the Judicial Nominating Commission expired under the sunset legislation.

18

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(Endnotes)

Tenn. Const., art. V, § 2.

2 See Tenn. Const of 1853, art. VI, §§ 3 & 4, and Tenn. Const of 1870, art. VI, §§ 3 & 4.

3 Id. art. VII, § 4.

4 1971 Tenn. Pub. Acts, ch. 198.

5 The use of a panel to assist the Governor in filling judicial vacancies originated in 1971, with the creation of the Appellate Court Nominating Commission. 1971 Tenn. Pub. Acts, ch. 198, § 2. Under that legislation, the commission was composed of nine members chosen equally from the three Grand Divisions of the state, including three members of, and chosen by, the General Assembly, three lawyers elected by the licensed attorneys in the state, and three individuals appointed by the Governor, no more than one of whom could be an attorney. Id. In 1994, that commission was abolished and the Judicial Selection Commission was established, with expanded membership, chosen by the Speakers of the General Assembly, primarily from candidates nominated by various lawyer organizations.

1994 Public Acts, ch. 942, §§ 3 and 4. In 2009, the process was further revised, authorizing the Speakers to select seventeen commission members at their discretion, at least ten of whom must be attorneys. 2009 Pub. Acts, ch. 517, § 1.

In 2013, that commission expired and Governor Haslam created his own Commission for Judicial Appointments, which included most of the Speakers’ previously selected members and others chosen by the Governor. State of Tennessee, Executive Order by the Governor, No. 34, Oct. 16, 2013, available at https://www.tn.gov/sos/pub/ execorders/exec-orders-haslam34.pdf.

1

1974 Tenn. Pub. Acts, ch. 433, § 1.

1994 Tenn. Pub. Acts, ch. 942.

8 See e.g., Brian T. Fitzpatrick, Election as Appointment: The Tennessee Plan Reconsidered, 75 Tenn.

Law Rev. 473 (2008); Penny J. White & Malia Reddick, A Response to Professor Fitzpatrick: The Rest of the Story, 75 Tenn. Law Rev. 501 (2008).

9 State ex rel. Hooker v. Thompson, 249 S.W.3d 331 (Tenn. 1996); State ex rel. Higgins v. Dunn, 496 S.W.2d 480 (Tenn. 1973); see also Hooker v. Anderson, No. 3-00-510 (M.D. Tenn. May 26, 2000) (dismissing federal constitutional challenges to the Tennessee Plan and holding no jurisdiction over the state constitutional law claims), aff’d, Hooker v. Anderson, 12 Fed. App’x 323 (6th Cir. 2001); Hooker v. All Members of the Tenn. Supreme Court, No. 3-02-0787 (M.D. Tenn. July 28, 2003)(federal challenges to the Tennessee Plan held barred by the doctrine of res judicata); Hooker v. Bredesen, No. 3:07-0373 (M.D. Tenn. 2007)(consolidated with Johnson v. Bredesen, No. 3:07-0372 (M.D. Tenn. 2007) (dismissed under the doctrine of res judicata), aff’d, Johnson v. Bredesen, 356 Fed. App’x 781, 785 (6th Cir. 2009).

10 Senate Joint Resolution 2 (“Amendment 2”), available at http://www.capitol.tn.gov/Bills/108/ Bill/SJR0002.pdf.

11 American Judicature Society, Judicial Selection in the States, Appellate and General Jurisdiction Courts (2013), available at http://www.judicialselection.us/uploads/documents/Judicial_Selection_Charts_1196376173077.pdf.

6 7

12 “I, ___________ do solemnly swear that I will support the Constitution of the United States and the Constitution of Tennessee, and that I will administer justice without respect of persons, and do equal rights to the poor and the rich, and that I will faithfully and impartially discharge all the duties incumbent upon me as a judge to the best of my abilities.” Tenn. Code Ann. § 17-1-104 (Supp. 2014).

13 See, e.g. Adam Lynch, Are Judges Up for Sale in Mississippi?, Jackson Free Press, Oct. 27, 2010, available at http://www.jacksonfreepress.com/ photos/2010/oct/27/3229/; Robert A. Levy, Public Funding for Judicial Elections: Forget It, Cato Institute, Aug. 13, 2001, available at http://www.cato. org/publications/commentary/public-funding-judicial-elections-forget-it; Amanda Frost, “One Dollar for Every West Virginian”: The crazy judicial corruption case that the Supreme Court should hear, Slate, Oct. 10, 2008, available at http://www.slate.com/ articles/news_and_politics/recycled/2009/03/ one_dollar_for_every_west_virginian.html.

14 American Judicature Society, Judicial Campaigns and Elections (Alabama), available at http://www.judicialselection.us/judicial_selection/campaigns_and_elections/campaign_financing.cfm?state. See also Alicia Bannon et al, The New Politics of Judicial Elections, 2011-12: How New Waves of Special Interest Spending Raised the Stakes for Fair Courts, New Pol. Jud. Elec., http://newpoliticsreport.org/.

15 See supra note 11.

16 Mike Donila, New Knox Co. Chancellor ready to answer his critics, WBIR.com, Sept. 3, 2014.

17 Rachel Baye, Donors, Friends of Governors Often Get State Supreme Court Nod, Best-qualified Candidates May Lose Out to Cronyism, Center for Public Integrity, May 1, 2014. available at http://www.publicintegrity. org/2014/05/01/14692/donors-friends-governors-often-get-state-supreme-court-nod.

18 Amendment 2. See supra note 10.

19 Tenn. Code Ann. § 17-4-109(e) (2009).

20 In a related event, earlier this year a Davidson County Circuit Court held that the Speakers ignored state law in making appointments to the Judicial Performance Evaluation Commission, which reviews the work and conduct of Tennessee’s appellate judges. Order available at https:// www.scribd.com/doc/200586505/Judge-Gaydens-Order-Holding-the- Judicial-PerformanceEvaluation-Commission-to-be-unconstitutional.

He also attempted to influence that commission in the performance of its evaluation duties midprocess, but was rebuffed when it recommended all of the state’s appellate judges for retention.

Frank Daniels, Judicial Races All about Ron Ramsey’s Control, The Tennessean, August 5, 2014, available at http://www.tennessean.com/story/opinion/ columnists/frank-daniels/2014/08/03/judicialraces-ron-ramseys-control/13518537/.

21 There are 5 Supreme Court justices and 12 judges each on the Court of Appeals and the Court of Criminal Appeals.

Nashville Bar Journal - October 2014

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NASHVILLE BAR ASSOCIATION Benefits of Membership

The Nashville Bar Association helps build a sense of community and camaraderie among our members and comes with tangible and intangible benefits for your career, profession, and community. Our members come from the public and private sectors, from large multi-state firms to solo practices; they are judges, in-house counsel, law students, paralegals, educators, and everything in between.

Here are a few of the many reasons to belong to the NBA…

• Connect with Your Local Legal Community The NBA provides numerous opportunities to meet and connect with other Nashville-area attorneys. Through networking, social events, continuing education, committee work, and other career and personal development opportunities, we help bring our profession together.

• Expand Your Business and Client Base Build relationships, network, and gain referrals through activities and programs, CLEs, committee work, volunteer projects, or by joining the NBA Lawyer Referral and Information Service at the member rate.

• Be a Better Lawyer Learn from fellow lawyers and judges at NBA events. Enhance your professional development through high-quality CLE programs and committee in-service meetings, and stay informed with insightful and timely articles in the Nashville Bar Journal.

• Sharpen Your Practice Skills with CLE Attend our innovative, and engaging CLE courses featuring local, regional, and national presenters. Our skilled faculty will keep you current on the nuts and bolts of the law, local rules and customs, ethics and professionalism, winning practice strategies, and key practice procedures—all at special NBA member rates.

• Give Back to the Community Serve the public and help improve the image of lawyers by participating in community service projects offered by the Young Lawyers Division and the NBA throughout the year, volunteer for Dial-A-Lawyer—a free call-in service where members provide general legal information to the public, or help with one of the many projects offered through the Minority Opportunities Program.

• Meet New People Don’t just hang out with familiar faces. Use social gatherings, NBA CLE’s, committee work, and Young Lawyer Division events and community projects to build your network of contacts throughout Nashville and surrounding counties.

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Nashville Bar Journal - October 2014

• Learn from the Experts Attend NBA CLEs to hear from law practice leaders who will share their expertise and practical experience.

Be educated, enlightened, and even entertained by keynote speakers and other special guests from the legal community—local, regional, and national.

• Be a Leader Set the pace in the legal community by serving on committees, publishing Nashville Bar Journal articles, helping produce or present CLE seminars, joining the Young Lawyers Division, participating on the NBA Board, or working with the Nashville Bar Foundation.

• Refresh and Renew Yourself Take time out from your daily routine to attend a Bar event or activity—such as the annual Golf Tournament, Free Member Picnic or one of our many Happy Hour gatherings—and catch up with old friends or unwind with new ones.

And more…

• Use the NBA Center—to hosts meetings, arbitrations, depositions, and other events. Members may also use the NBA’s Guest Attorney Office when they need an “office away from the office” with internet and phone access.

• Visit the NBA’s Online Career Center—where you can post your resume, search job postings, and access the career resources library.

• Receive Announcement Emails—covering timely events, membership news, spotlighted events, and CLE announcements.

• Participate in the NBA’s Lawyer2Lawyer Mentoring program—a web-based resource designed to connect experienced attorneys with newer attorneys who desire assistance with substantive legal issues or the personal and professional demands of practicing law.

• Use the NBA Attorney Directory—to find names, photos, and contact information for Davidson County lawyers and judges, firm listings, court information, and areas of practice of local attorneys.

YOU CHOOSE THE CHECKING WE’LL PAY YOUR NBA DUES Open a First Tennessee checking account with direct deposit, and we’ll pay your Nashville Bar Association membership dues (currently a $245 value) for one year. We have several great checking options you can choose – each available with the convenience of free Banking Online and Mobile Banking.

Learn more at FTB.com/checking or present this ad at any financial center in Middle Tennessee. See terms and conditions below for offer details.*

*

Terms and Conditions: Offer valid for enrollment of Nashville Bar Association membership year beginning November 1, 2014. Offer expires December 31, 2014. You must present this printed offer at a financial center in Middle Tennessee when you open your checking account. Minimum opening deposit is $100, and cannot be transferred from an existing First Tennessee account.

Cannot be combined with other checking offers or promotions. Accounts opened online are not eligible . You must be a new checking household, which means that no member of your immediate household has had an open First Tennessee consumer checking account in the previous 12 months. A direct deposit must post to this account within 60 days. You agree to maintain the account in good standing for at least 6 months. If you meet the conditions of this offer, you will receive a voucher in the mail within 6 weeks of your first direct deposit. You will be able to present this voucher to the Nashville Bar Association. The Association will then return it to us, and we will pay to them your dues for your one year of NBA membership. Upon delivery of the voucher to you, First Tennessee is required to report the $245 value as interest income on Form 1099-INT. This voucher is non-transferable, cannot be redeemed for cash or any alternative bonus, and must be presented by you to the Association by March 31, 2015.

FSR: Use promo code NBADUE. ©2014 First Tennessee Bank National Association. Member FDIC.

Nashville Bar Journal - October 2014

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Disclosure The NBA State Government Attorneys Committee honored Nathan Ridley for his many years of service and support at the State Government Practice seminar conducted on August 22, 2014. For many years, Nathan has presented an annual update on the Tennessee General Assembly – affectionately subtitled The Ridley Report – to state government attorneys. It has been and continues to be the most requested seminar session in the program.

On behalf of the Committee members, Nathan received a plaque — In Recognition of and Grateful Appreciation for Many Years of Support and Service to the NBA State Government Attorneys Committee and CLE Seminars. In addition, members crafted a Joint Committee Resolution, stating in part: to recognize the benefit, knowledge, enlightenment and, yes, entertainment THE RIDLEY REPORT provided and yet still provides year after year.

Samar S. Ali has joined Bone McAllester Norton PLLC. An international lawyer and former White House Fellow, Ali also served as Assistant Commissioner for International Affairs in Tennessee Governor Bill Haslam’s administration. Chosen as a White House Fellow in 2010, she worked on foreign and domestic policy issues relating to national security. She served as an advisor on the senior staff of U.S. Department of Homeland Security Secretary Janet Napolitano, stationed in both Washington, D.C. and Doha, Qatar. Ali is a graduate of Vanderbilt University, where she served as Student Body President, and of Vanderbilt University Law School.

Steven E. Blumenthal has joined Waller Lansden Dortch & Davis, LLP. Blumenthal’s law practice has focused on the negotiation of electronic health record (EHR) agreements, HIT interface development agreements, HIPAA business associate 22

Nashville Bar Journal - October 2014

\Dis*clo”sure\ (n) The act of revealing, releasing or bringing to light relevant information concerning NBA Members & Staff. n Announcements n Kudos n People on the Move n Firm News agreements and acquisitions of information technology systems. Previously, he served as General Counsel of Carfax, the provider of automotive vehicle history reports, where he negotiated software and data license agreements, managed the company’s intellectual property assets and was responsible for privacy and security compliance. Blumenthal’s experience also includes the negotiation of EHR system licenses as corporate counsel for Epic Systems, one the nation’s largest EHR providers. Blumenthal earned his J.D. in 1995 from the University of Virginia School of Law. He earned his B.A., summa cum laude, in 1992 from Tulane University. He is licensed to practice law in Tennessee and Georgia.

Kristen F. Johns has joined Waller Lansden Dortch & Davis, LLP. Johns has spent her entire legal career strategically protecting and maximizing intellectual property assets, both in private practice and in-house roles. With Emdeon, she advised product development teams on a broad range of matters related to intellectual property, including branding, marketing, privacy and data rights. As corporate counsel for a life sciences company she structured and negotiated numerous multi-million dollar collaboration agreements and commercial alliances in addition to managing the intellectual property portfolio. Johns earned her J.D. in 2000 from the Saint Louis University School of Law. She earned her B.S. in 1995 in engineering science from Vanderbilt University. She is a member of the United States Patent Bar and licensed to practice law in Tennessee and Missouri.

Nashville Bar Association members may send Disclosure announcements via email to nikki.gray@nashvillebar.org Submissions are subject to editing.

n

Hunter Branstetter has joined Sherrard & Roe, PLC, as an associate in the litigation practice group. Before joining Sherrard & Roe, Branstetter served as a law clerk to the Honorable Bernice B. Donald of the United States Court of Appeals for the Sixth Circuit. Branstetter earned his Doctor of Jurisprudence at Vanderbilt University Law School in 2013, where he was, among other things, development editor of the Vanderbilt Journal of Entertainment & Technology Law, content editor of the Obiter Dictum, and President of American Constitution Society. He is a 2009 magna cum laude graduate of Washington and Lee University with a B.A. in English, where he received the Francis P. Gaines Honor Scholarship and was named John W. Elrod Unsung General of the Year.

Lisa Rivera, former Assistant U.S. Attorney with the United States Attorney’s Office for the Middle District of Tennessee, has joined Bass, Berry & Sims as a member in the firm’s healthcare fraud practice. With more than 20 years of combined legal experience including commercial litigation, criminal prosecution and pursuing healthcare False Claims Act cases, Rivera’s practice will focus on advising healthcare providers, pharmaceutical manufacturers, medical device companies and other clients on matters related to both civil and criminal healthcare fraud and abuse, as well as government investigations and enforcement.

John B. Burns has joined Waller Lansden Dortch & Davis, LLP’s tax practice as a partner. Burns provides strategic tax advice to closely held and family-owned businesses and advising high-net-worth individuals on wealth management and asset protection. Burns earned his J.D., cum laude, in 1990 from the University of Mississippi School of Law. He earned his LL.M. in Taxation in 2001 from the University of Florida. Burns received a B.A., cum laude, in 1986 from the University of Mississippi.

2015 NBA Premier Members TO DATE: Joe P. Binkley Jr. Joe B. Brown John Ray Clemmons Michael Clemons Dixie W. Cooper Virginia Chase Crocker John Franklin Floyd John J. Griffin Jr. Paul T. Housch

Michael F. Jameson William C. Koch Jr. Carol L. McCoy Marlene Eskind Moses Michael I. Mossman Edgar M. Rothschild III Maria M. Salas Peter Weiss Thomas V. White

2014 NBA Premier Members: Elizabeth A. Alexander Gail Vaughn Ashworth Kathryn E. Barnett Charles H. Beaty Thomas Beck Barbara Bennett Charles W. Bone Jay S. Bowen C. Dewey Branstetter Jr. Joe B. Brown Kenneth Sherman Byrd Kathryn Caudle Mark P. Chalos John Ray Clemmons Dixie W. Cooper Patricia J. Cottrell John A. Day John Franklin Floyd Charles K. Grant John J. Griffin Jr. William L. Harbison Marian F. Harrison Trey Harwell Paul T. Housch R. Jan Jennings Chris Johnson John D. Kitch William C. Koch Jr. Edward Dodson Lanquist Jr. Thomas W. Lawless

Claudia Vettel Levy Richard Wesley Littlehale Randal S. Mashburn Amanda J. McClendon Jeffrey Mobley Marlene Eskind Moses Patricia Head Moskal Michael I. Mossman Dean Newton Elliott Ozment Gregory J. Pease Tracy A. Powell Benjamin M. Rose Edgar M. Rothschild III Maria M. Salas Quindal Segall Thomas J. Sherrard III Emily A. Shouse Saul A. Solomon Michael G. Stewart James Gerard Stranch IV Hon. Aleta Arthur Trauger Irwin Bruce Venick Howard H. Vogel Michael J. Wall James L. Weatherly Jr. Peter Weiss Thomas V. White Larry R. Williams Nicholas S. Zeppos

NBA Premier Membership is a special category that recognizes our members who desire to demonstrate the utmost in commitment and support to the NBA Programs & Services.

Contact Vicki Shoulders (615.242.9272, vicki.shoulders@nashvillebar.org) for details.

Dial-A-Lawyer is held the first Tuesday of each month. The public is invited to call in with basic legal questions.

To volunteer your time, please contact Wendy Cozby, LRIS Coordinator at wendy.cozby@nashvillebar.org or 242-9272. Pro Bono credit does apply and dinner will be provided.

September Volunteers:

Helen Cornell Jim Coutts Chris Hugan Tom Lawless Joe Rusnak Michael Smith

Welcome New NBA Members!

Benjamin Allen Aubrey Beckham Terria D. Blunt Seannalyn N. Brandmeir Hunter Branstetter Sherrard & Roe, PLC* Jason C. Campbell Mehzabin Chowdhury Virginia Chase Crocker Scott Daniel Brittany Dinaso Richard Wayne Edwards Jessica Ehsanian Kyle R. Evnas Elizabeth McCoyd Greer William E. Grones Marin Johnson Julie A. Kuchenbecker Joseph Lackey III Adam Grant LaFevor Rudy, Wood & Winstead, PLLC Jessica Levine Karen Lewis Allison Manning Manning Law Group Joanna Martin VF Imageware, Inc. Kristen Menke McGuire, Menke, Reddick & Shabayek Tammy Mezera Clark Milner Bass, Berry & Sims PLC Jarod W. Mullins Deborah K. Mumford Daniel D. Newbern Zack S. Nitzschke Trent N. Notestine Andrew Nutt Caitlin Patenaude Andrea Pierpoint Kara Reese Josiah Reid Lewis, Thomason, King, Krieg & Waldrop , P.C.* John D. Roberts Christopher Rubino Samantha Simpson Sandra M. Sinclair Robert Bryan Smith Robert John Watkins Tennessee Justice Center* Erica Watson Cole Law Group* Robert O. Weaver Taylor Wilkins Andrew Wood Robert Zeglarski Cutwater Law PLLC * 100% Club Nashville Bar Journal - October 2014

23

Classifieds

Office Space

Office Space EAST NASHVILLE LAW OFFICE Established East Nashville Law Firm (three attorneys already here practicing bankruptcy and criminal - we are fun, not your mother’s law firm) in trendy location near three-points. Offering sublease for one, modern, sizable, interior office with large window and semi-private bathroom, use of kitchen, reception area and copier, free parking for attorney and clients, reception services, phone and internet. 800$ /month. You will love working here. Please contact sunny@eastsidelegaltn.com (but don’t look at our website, its currently undergoing a makeover!)

2 Blocks from courthouse Class A office space for rent in trendy residential area 2 blocks from courthouse. Three attorney offices. Traditional style with hardwood floors throughout, wide molding, exotic granite countertops & elegant alabaster sconce lights. Includes lobby, conference room, work room, two large secretarial stations, kitchinette and telephone system. Free parking. Covered parking available.

Contact Carl Neuhoff, HND Realty LLC. 297-7711 / 390-6186 / c.neuhoff @hndllc.com

Vacation Rentals Golf Getaway: The Cottages at Olde Stone Bowling Green, Kentucky Arthur Hills Signature Course 3 BR – 3 ½ baths – Full kitchen – Grill Screened porch on 9th Fairway Dining – Tennis – Resort Pool/ Hot Tub – Fitness Center Contact Amy Gilmet: (502)357-1901

Downtown Office condos for Lease or Sale. 500 to 2500 sq. feet. 501 Union Street, 5th floor. Near Legislative Plaza. Call Lynne at (615) 259-1550.

For Sale or Lease Historic Office Bldg. For Sale or Lease: .8 Acres, corner lot with traffic light. 3400 sq. ft.

12 minutes from Courthouse, ample parking and ample on-site storage. Quick access to Opryland, Airport, hospital, and all interstates. 1215 Gallatin Rd. S. Contact Steve North, 615-860-7644; stevenorth@comcast.net

Legal Nurse Consulting Handling cases with medically related aspects? Best Practice Legal Nurse Consulting can help you with superior case preparation. Best Practice can screen cases for merit, find expert witnesses, write summaries and chronologies of medical records, along with other services. Contact Lisa at 615-481-5047 or visit bplnc.com for more information.

CC

APPELLATE BRIEFS and ARGUMENT THOMAS F. BLOOM, J.D. (Emory 1977) (615) 260-5952; www.bloomappeals.com Retained by attorneys throughout the State for 29 years to draft briefs and/or argue cases in over 400 appeals, State and Federal. Research assistance also available.

Quality Guaranteed at reasonable cost. References available upon request.

Visit the NBA's Career Center & Get Started Today: http://jobs.nashvillebar.org/home Employers:

Job Seekers:

- Place your job in front of our highly qualified members

- Search for & quickly apply to great, relevant jobs

- Set up Job Alerts so you are immediately notified any time a job is posted that matches your skills or interests

- Manage jobs and applicant activity right on - Create an anonymous job seeker profile our site or upload your anonymous resume so - Limit applicants only to those who are qualified employers can find you - Access job searching tools and tips - Fill your jobs more quickly with great talent

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Nashville Bar Journal - October 2014

Elder Law Practice of Timothy L. Takacs .................................................... Back Cover IPSCO ............................. Inside Back Cover First Tennessee Bank ................................. 20 Cornelus & Collins LLP ............Front Cover NBA Career Center .................................. 24 Thomas F. Bloom, JD ............................... 24 Thomson Reuters ......................................11

Expert Witness

Advertise your Office Space in the Nashville Bar Journal

- Search our resume database of qualified candidates

Advertiser Index

Should You Join the NBA LRIS? LRIS Markets & Advertises Your Services When you join the NBA LRIS,

your practice benefits from the LRIS’ marketing and advertising programs. Currently, LRIS reaches potential clients through advertising in the Yellow Pages in various telephone directories throughout the state. Clients are referred to us through a variety of sources including the courts, Office of the Attorney General, employee assistance programs, other Bar Associations and the Social Security Administration. Also, our on-line presence attracts clients nationwide.

JOIN NOW Contact: Wendy Cozby, LRIS Coordinator (615) 242-9272 | wendy.cozby@nashvillebar.org The NBA Lawyer Referral & Information Service is the Exclusive Referral Service for the Nashville Bar Association.

Advertising: Contact Tina Ashford at (615) 242-9272 or tina.ashford@nashvillebar.org Classified Advertising: Rates: $75 for the first 50 words and $1 for each additional word.

Available Sections: Expert Witness, For Sale, Forensic Document Examiner, Technical Support Services, Office Space, Litigation Services, Office Sharing, Vacation Rentals and Accounting.

Display Advertising: Full and Half Page color and black & white advertisements. Quarter and Eighth Page black & white advertisements. Please contact Tina Ashford for a display advertising quote.

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When I was hoping to change the world, the last thing I wanted to do was follow in my mother’s footsteps

(615) 824-2571 Toll-Free: (866) 222-3127 Family Website: www.tn-elderlaw.com

Now I’m wondering how I’ll ever fill her shoes.

If you’re a child of the 1960s, your may have watched your parents care for grandparents in your home. If you’re hoping to provide the same kind of care to your parents but don’t know how you will manage given the competing demands of work and family, help is available.

Elder Law Practice of Timothy L. Takacs offers a proactive new way to manage the care of aging loved ones. It’s called a Life Care Plan. Protect family assets, get the best possible care and create a plan of action for the future. You can be there for your elderly parents the way they cared for your grandparents.

Join the elder care revolution.

Professional Education Website: www.elderlaweducation.com #eldercarerevolution

Life Care Planning Elder Law Estate Planning Care Coordination