For Information, contact Sue Allison, (615) 532-6047
(06/27/2007)
Governor Bredesen today appointed Michael H. Meares as Circuit Court Judge for Division II in the 5th Judicial District of Tennessee. Meares, who serves as a practicing attorney and partner at the law firm Dungan & Meares, fills the vacancy created by the appointment of Judge D. Kelly Thomas to the Court of Criminal Appeals.
“Judge Meares is an experienced legal professional who will serve our State in the highest tradition of the court,” Bredesen said. “He brings a reputation for fairness, wisdom and professionalism to his new post, and I want to thank him for his dedication to our state.”
Meares began his legal career in 1983 as an associate at the law firm of Shutts & Bowen in Miami, Florida and moved in 1986 to the law firm of Meares, Morton, Meares & Ansley in Maryville, Tennessee. He entered public service in 1989, as the first public defender for the 5th Judicial District.
“I am pleased to have the opportunity to serve as Judge. I will work hard for all citizens and commit to being fair and following the law. We have a tradition of great Judges in Blount County and I am proud to have the opportunity to be counted among them.”
Meares received the Distinguished Service Award in 1980 from the Tennessee Association of Criminal Defense Lawyers and has worked closely over the past ten years with Legal Aid of East Tennessee, serving on the Board and acting as co-chair for the annual fundraising campaign in Blount County. He has demonstrated his belief in making the legal system accessible to all and represents many pro bono clients referred to him from both Legal Aid of East Tennessee and other members of his community.
Meares, 51, graduated from Duke University and received his legal degree from Vanderbilt University School of Law. He attends Saint Andrews Episcopal Church and has served in several local organizations, including the United Way of Blount County, Blount County Adult Literacy, and the Community Action Agency. He was Chairman for the Blount County Democratic Party and has served as a board member for the Foothills Land Conservancy.
(06/26/2007)
Court of Criminal Appeals Judge D. Kelly Thomas of Maryville has been elected president of the 178-member Tennessee Judicial Conference (TJC), which includes all state appellate and trial court judges.
Thomas succeeded Chancellor Jeffrey Stewart, of the 12th Judicial District, including Bledsoe, Franklin, Grundy, Marion, Rhea and Sequatchie counties.
“Tennesseans are fortunate to have outstanding judges at every level of the state court system,” Thomas said. “I am tremendously honored to have been chosen by them to serve as president of our conference.
“Not only does the conference offer judges continuing judicial education, but it allows us to share our experiences and ideas for the betterment of the judicial system. In addition, a TJC foundation provides scholarships to outstanding law school students who may, themselves, be judges and members of our conference in the future.”
The new conference president has been a member of the judiciary since 1990. He was Circuit Court judge for the 5th Judicial District until his November 2006 appointment by Gov. Phil Bredesen to the 12-member intermediate appellate court.
Before being elected Circuit Court Judge in 1990, Thomas practiced law in Maryville. Thomas, 55, earned his law degree from The University of Tennessee in 1977 and is an East Tennessee native.
Other new TJC officers are Criminal Court Judge Richard Baumgartner of Knoxville, vice-president; Chancellor Daryl R. Fansler of Knoxville, secretary; Criminal Court Judge E. Shayne Sexton of Jacksboro, treasurer; and Circuit Court Judge William B. Acree, Jr., president-elect.
In addition to the new officers, members of the TJC Executive Committee are Circuit Court Judge Roy Morgan, Jr., of Jackson; Criminal Court Judge James C. Beasley, Jr., of Memphis; Court of Criminal Appeals Judge J.C. McLin of Memphis; Circuit Court Judge Royce Taylor of Murfreesboro; Circuit Court Judge Buddy D. Perry of Winchester; Circuit Court Judge John D. Wootten, Jr., of Lafayette; Chancellor Telford E. Forgety, Jr., of Dandridge; Chancellor Jerri S. Bryant of Athens; and Court of Appeals Judge Sharon G. Lee of Maryville.
NASHVILLE, June 26, 2007. Lance Bracy, former chief disciplinary counsel at the Tennessee Board of Professional Responsibility, was awarded the Justice Frank F. Drowota III Award for Outstanding Judicial Service during the Tennessee Bar Association's annual convention in Nashville.
Named for former Tennessee Supreme Court Chief Justice Frank F. Drowota, the award recognizes a judge or judicial branch official of a federal, state or local court in Tennessee who demonstrates extraordinary devotion and dedication to the improvement of the law, the legal system and the administration of justice. Bracy is the second recipient. Last year, Justice Drowota received the inaugural award.
Bracy was chosen in recognition of his many years of service at the Board of Professional Responsibility, a body he joined when it was created by the Supreme Court in 1976. The board, an arm of the court, investigates
complaints against attorneys and disciplines those who violate professional rules. During his tenure with the board, Bracy directed the publication of more than 740 ethics opinions, responded to more than 12,000 ethics
inquiries by attorneys and oversaw the resolution of more than 36,000 citizen complaints. Bracy retired on May 1 after serving 31 years.
In presenting the award, outgoing TBA President Larry D. Wilks paid homage to Bracy's unique ability to balance toughness with fairness, saying, "To those who were guilty he was their worst nightmare. To those who were
innocent, they had no better advocate."
The Tennessee Bar Association (TBA) is the largest professional association in Tennessee with more than 9,000 members. Founded in 1881, the TBA provides opportunities for continuing legal education, professional development and public service. The TBA's dedication to serving the state's legal community is evidenced by its membership roll, which represents the entire spectrum of legal practice: plaintiff and defense lawyers, corporate counsel, judges, prosecutors, public defenders, government lawyers and legal services attorneys.
(06/25/2007)
Circuit Court Judge Dale Workman of Knoxville has been awarded a State Justice Institute (SJI) scholarship to attend a course on “Current Issues in the Law” Aug. 26-30 in Bar Harbor, ME.
The award will cover tuition, transportation and lodging. Workman and other participants will discuss timely legal issues, such as the Patriot Act, ethical duties regarding self-represented litigants, judicial ethics and jury reform trends.
Workman, who earned his undergraduate and law degrees at the University of Tennessee Knoxville, was elected to the bench in 1990. He was reelected to eight-year terms in 1998 and 2006.
Federal law created SJI in 1984 to award grants to improve the quality of justice in state courts. The institute has awarded more than $100 million supporting more than 1,000 projects.
(06/15/2007)
Governor Bredesen today appointed William C. Koch Jr. to the Tennessee Supreme Court. Koch, who has served as presiding judge of the Tennessee Court of Appeals, Middle Section, since 2003, fills the remaining vacancy created by the retirements of Justice E. Riley Anderson and Adolpho A. Birch, Jr.
“Bill Koch is a highly qualified judge who has proven himself in the practice of law and in his service on the Court of Appeals,” Bredesen said. “While I have expressed concerns about the judicial selection process in our state, there is no question that Bill Koch will be an excellent Justice on our Supreme Court. His reputation for fairness and consistency, his strong commitment to the law and his dedication to the faithful dispensation of justice will serve the Tennessee Supreme Court and the citizens of our state well.”
Judge Koch was appointed to the Court of Appeals in 1984. Before his appointment, he served as Commissioner of the Tennessee Department of Personnel from 1979 to 1981 and was Legal Counsel to Governor Lamar Alexander from 1981 to 1984. He began his legal career on the staff of the State Attorney General in 1972, rising to the position of Deputy Attorney General in 1977.
“I am profoundly grateful to Governor Bredesen for providing me this opportunity to continue to serve all the citizens of Tennessee,” said Koch. “I appreciate his confidence in me, and I accept with much humility. I am excited about the challenge, and I look forward to serving with the other outstanding jurists on the Tennessee Supreme Court.”
Koch was named the Appellate Judge of the Year in 2002 by the American Board of Trial Advocates and was the only Tennessee state judge named to The Lawdragon 500 Leading Judges in America in 2006. He has served as president of the Harry Phillips American Inn of Court in Nashville since 1990 and has served as secretary of the national American Inns of Court Foundation since 2004, an organization that works to promote professionalism, excellence and civility in the practice of law. He received the 1999 Dr. Thomas F. Frist, Jr. award from the United Way of Metropolitan Nashville in recognition of his outstanding volunteer service and later was elected to serve as president of the Board of Directors from 2003 to 2004. Koch currently serves as instructor in Constitutional Law at the Nashville School of Law where he was recognized as teacher of the year in 1998, 1999, and 2001.
The Supreme Court is the highest court in the state and hears appeals in both civil and criminal cases. The five justices are nominated by the Judicial Selection Commission, appointed by the governor and subject to a “yes-no” vote for eight-year terms.
Koch, 59, graduated from Trinity College in Hartford Connecticut, received his legal degree from Vanderbilt University School of Law and earned his Masters of Law in Judicial Process from the University of Virginia. He serves on the Board of Directors of several organizations, including the American Inns of Court, the United Way of Metropolitan Nashville and the Community Foundation of Middle Tennessee.
(June 2007)
Tennessee Court of Appeals Judge William B. Cain (left) was presented with a Joint Resolution of the state House and Senate in honor of his public service. State Rep. Tom DuBois of Columbia read the resolution at a ceremony for Cain in recognition of his service and contributions to the judicial system. An overflow crowd filled the courtroom and lobby at the Supreme Court Building in Nashville for the June 12 event. Judge Cain has been a member of the judiciary since 1986, when he was appointed as a Circuit Court judge in the 22nd Judicial District. He was elected to the position two years later and again in 1990. In 1998, he was appointed to the Court of Appeals. He was elected to the court the same year and reelected in 2006
Andrea Ayers, AOC programs manager, was among 56 new attorneys sworn in June 5 by the Tennessee Supreme Court during a ceremony in Nashville. Ayers and the others who were sworn in took the Bar examination in February.
Sarah Appleby has accepted the position of education manager for the court services division of the Administrative Office of the Courts (AOC). She will assume her new position June 19, 2007, succeeding Shannon Howell, who will attend the University of Tennessee College of Law. Appleby’s responsibilities will include overseeing the day to day operations of the education department for the judicial branch.
Appleby has been with the AOC since 2004 as a conference coordinator for the education department, which involved primarily planning the judicial conferences. Prior to joining the AOC, Appleby was a sales manager for Hilton Hotels. She received her Bachelor of Arts degree, with honors, from the University of Manchester, England in 1997.
(05/23/2007)
The Tennessee Supreme Court has ordered a new trial for Arthur T. Copeland, who was convicted of first degree murder for the 1998 shooting death of Andre Jackson in Maryville.
A unanimous court concluded the trial court should have allowed the defense to present the testimony of an expert on the issue of eyewitness identification. The court ruled that the test established in a 1997 Tennessee Supreme Court decision, McDaniel v. CSX Transp., Inc., was the proper guideline for the admission of such evidence. The McDaniel case provided trial judges with wide discretion in determining whether an expert may testify.
“Dr. Brigham’s testimony satisfies the requirements of the McDaniel test in that it is reliable and would have been of substantial assistance to the jury,” Justice Gary R. Wade wrote on behalf of the court.
Noting that there were conflicts in the identification testimony offered by witnesses for the state, the court concluded, “We cannot say that the erroneous exclusion of Dr. Brigham’s testimony was harmless.” The application of the McDaniel test overruled a previous case which had prohibited altogether the testimony of any eyewitness identification experts, regardless of the caliber of his or her credentials.
Jurors convicted Copeland and sentenced him to death for shooting Jackson outside his home in April 1998. While some witnesses placed Copeland with a group of men who intended to kill the victim, only one individual identified Copeland as the man who entered Jackson’s home and forced him outside and she had made a conflicting statement during the police investigation. Ironically, Copeland was himself shot only hours after Jackson's death.
While the Court of Criminal Appeals set aside the death penalty, the Supreme Court reversed on that point, ruling that the state is entitled to seek capital punishment if Copeland is again convicted of first degree murder.
(05/21/2007)
American Legion Boys State delegates from high schools in all 95 counties will participate May 30 in the SCALES Program, an acronym for the Supreme Court Advancing Legal Education for Students. SCALES is a Tennessee Supreme Court initiative designed to educate young Tennesseans about the judicial branch of government.
The 630 students will attend a special Supreme Court session at Tennessee Tech University in Cookeville as part of the week-long Boys State program, sponsored by The American Legion. The boys, who are in the top one-third of their high school classes, will hear oral arguments in two actual Supreme Court cases.
Circuit Court Judge John Maddux of Cookeville is coordinating the SCALES Project at Boys State. More than 17,300 students from 386 public and private schools across the state have taken part in SCALES since the Supreme Court initiated it in 1995.
"Many of the Boys State representatives will be leaders in our state and nation in just a few years,” Chief Justice William M. Barker said. “The SCALES Program will equip these young men to be better leaders by allowing them to see first-hand how the judicial branch of government functions and how it affects their lives. The program may even inspire some of them to become lawyers and judges.”
Issues in the cases students will hear at Boys State include whether a defendant in a murder case is mentally retarded as defined by law and, therefore, ineligible for the death penalty, and whether a trial court judge erred in giving a deadlocked jury a supplemental charge in an effort to get a unanimous verdict in a medical malpractice case.
Each SCALES participant will receive a handbook containing information about the state and federal court systems and the two cases. In addition, Maddux and other lawyers and judges will conduct educational sessions with the students.
(05/01/2007)
Tennessee Senior Judge J.S. ‘Steve’ Daniel will end his 27-year career as a member of the state judiciary, including three years as one of five senior judges, to become chief disciplinary counsel for the Court of the Judiciary.
Daniel, of Murfreesboro, will assume the new position July 1. He succeeds retired Court of Criminal Appeals Judge Joe Riley of Ridgely, whose resignation is effective on the same date.
As chief disciplinary counsel, Daniel will investigate complaints of judicial misconduct filed against Tennessee judges. The Court of the Judiciary is charged by state law with receiving complaints and imposing sanctions or recommending removal from office when appropriate. Daniel is a former presiding judge of the Court of the Judiciary.
"I look forward to serving the Court of the Judiciary,” Daniel said. “I have enjoyed my tenure as a judge and it will be my goal to carry out my duties in such a way as to meet the objectives of the Court of the Judiciary in maintaining the highest standards of integrity for the Tennessee judiciary."
Chancellor Steve Stafford, of Dyersburg, presiding judge of the Court of the Judiciary, said Daniel is an "outstanding choice" to succeed Riley as disciplinary counsel.
"His service as a Circuit Court judge, senior judge and presiding judge of the Court of the Judiciary means that he can step right into the position and begin working immediately and effectively,” Stafford said. “We could not have found a more qualified person to serve as chief disciplinary counsel.”
Daniel, who retired from the United States Army Reserve as a military judge, was elected circuit court judge in the 16th Judicial District in 1980. He was an adjunct professor at Middle Tennessee State University from 1975-2004 and currently teaches at the Nashville School of Law. He is a member of the faculty of the National Judicial College and has been an instructor at the Tennessee Judicial Academy, the Tennessee Judicial Conference, the Tennessee Trial Lawyers Association and other legal organizations.
He is past president of the Tennessee Judicial Conference and the Tennessee Trial Judges Association.
(04/25/2007)
Students from 10 public and private Montgomery and Robertson County high schools will hear arguments in three state Supreme Court cases Friday, April 27, as participants in a program that educates young Tennesseans about the judicial branch of government.
The 580 students and their teachers will attend a special Supreme Court session at the Montgomery County Court Center. Each of three groups of students will hear oral arguments in one actual case, beginning at 8:40 a.m., followed by a question and answer session with the attorneys for both sides in the cases.
Chief Justice William M. Barker and Justices Janice M. Holder, Cornelia A. Clark and Gary R. Wade will be joined by retired Chief Justice Frank F. Drowota, III, to hear the cases. Drowota will sit as a special justice because the five-member court has a vacancy.
Schools participating in SCALES - an acronym for the Supreme Court Advancing Legal Education for Students – are Clarksville High School, Northeast High School, East Robertson High School, Northwest High School, Springfield High School, Unity Christian Academy, Jo Byrns, Montgomery Central High School, Montgomery Christian Academy and Rossview High School.
Since the first SCALES program in 1995, more than 17,000 students across the state have participated.
The students and teachers will join the Supreme Court, local judges, attorneys and other guests for lunch and a brief program. The meal is being sponsored locally.
Teachers whose classes are involved in the project attended a three-hour professional development session March 22, led by Tennessee Court of Criminal Appeals Judge Thomas Woodall. The session included a review of cases to be argued at SCALES. The teachers also were provided with notebooks of materials to use in their classrooms, including suggested activities, and SCALES Project handbooks for each student.
"The Tennessee Supreme Court is committed to SCALES because we believe the program plays a role in shaping well-informed good citizens,” the chief justice said. “These young people will inherit the system and should understand how it works and how it affects them. Every time we conduct SCALES and I have an opportunity to visit with the students, it renews my faith that our nation’s future is in very good hands.”
Chancellor Laurence McMillan coordinated the project in the 19th Judicial District. He and other local judges and attorneys met with teachers at the professional development session to schedule classroom visits to review the cases and issues to be considered by the Supreme Court. After justices rule in the cases, copies of the court's opinions will be provided to the classes and posted on the court system website at www.tncourts.gov.
Issues in the cases students will hear include whether the Court of Appeals erred in ordering a father to pay back child support to his adult children rather than to their mother; whether a law defining carjacking as “the taking of a motor vehicle from the possession of another” applies when a vehicle is taken after a victim has left the car; and whether admission of expert testimony concerning DNA testing violated the defendant’s confrontation rights since the expert had not performed the testing.
(04/24/2007)
Nashville attorney Nancy S. Jones has been chosen by the Tennessee Supreme Court to serve as chief disciplinary counsel for the state Board of Professional Responsibility (BPR). She will assume her new position May 29, succeeding Lance Bracy, who will retire May 25 after 31 years.
The BPR, an arm of the Supreme Court, is comprised of nine lawyers and three non-lawyer members. Its responsibilities include investigating complaints against Tennessee attorneys and disciplining those who violate professional rules.
“Nancy Jones was selected from a pool of outstanding applicants,” Chief Justice William M. Barker said. “The court felt that with her credentials, professional experience and personality she was an excellent choice to fill the position.”
Since 2004, Jones has been with Bass, Berry & Sims. Prior to joining the law firm, she was a member of Waller Lansden Dortch & Davis.
She was an assistant U.S. attorney for the Middle District of Tennessee, specializing in white-collar fraud, from 1991 to 1993. From 1987 to 1991, she was an assistant U.S. attorney for the Western District of Oklahoma, prosecuting bank fraud and government program fraud. From 1980 to 1987, she served as assistant U.S. attorney for the Northern District of New York.
Jones, who is licensed in both Tennessee and New York, is a Fellow of the Nashville and Tennessee Bar Foundations.
Currently Jones is a member of the Volunteer Review Team of the United Way of Metropolitan Nashville. She serves on the advisory board of the YWCA of Middle Tennessee and is a member of the Affiliated Faculty of Vanderbilt University School of Law. Since 2005, she has been named one of Tennessee's leading litigation lawyers by Chambers USA .
Jones received her Bachelor of Arts degree, with honors, from the University of Missouri in 1971. In 1978, she received her Juris Doctor degree from Syracuse University.
In addition to supervising the ethical conduct of Tennessee’s 18,400 licensed attorneys, the BPR provides an ethics opinion service for lawyers; a consumer assistance program; mandatory notification of attorney trust account overdrafts; and professional enhancement programs. Tennessee attorneys have contributed $28.4 million in annual court assessments to finance the board’s programs, with no contributions from other sources.
Justice Janice M. Holder, who serves as the Supreme Court’s BPR liaison, said Jones will continue Bracy’s legacy of outstanding service.
“The BPR serves attorneys and those who consume legal services in Tennessee,” Holder said. “With her background, Nancy Jones will continue the BPR’s tradition of excellence.”