Published June 26, 2012 by Philip Nannie
The Tennessee Supreme Court has adopted a comprehensive revision to its ethics rules. “Maintaining a high standard of judicial ethics is paramount to the public’s trust and confidence in the courts and the judges who preside over them,” Chief Justice Cornelia A. Clark said in a statement Tuesday.
The rules changes impacting the state’s judiciary most tangibly are in essence a restatement of earlier rules governing the political activities of judges, but with modifications. Judges and judicial candidates may continue to make contributions to political organizations — or to candidates for public office — as well attend or purchase tickets to dinners and other events sponsored by a political organization or a candidate for public office. The latter is a nuance not included in the first proposed rule changes and was included after input from the Tennessee Bar Association and others. Further, judges and judicial candidates are now prohibited from endorsing or opposing other candidates for public office.
Click here for the order issued by State Supreme Court Chief Justice Cornelia A. Clark, which includes the petition to amend Rule 10.
Other items decided by the court in its January 2012 session addressing rules of conduct changes are as follows:
• The court adopted a new provision regarding the disability and impairment of a judge or attorney. The rule instructs judges to take “appropriate action” should a judge have reasonable belief that another judge or attorney is impaired.
• The court adopted a rule setting out a new procedure for pursuing the recusal of a judge, and a new process for seeking an expedited appeal if a motion for recusal is denied.
The new guidelines for conduct, dubbed Rule 10, take effect July 1.
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Wednesday, June 27, 2012
Sunday, June 24, 2012
TN law allows some felons a second chance
Starting July 1, some one-time offenders will have right to expunge conviction
The economy has already proven a powerful incentive for people to have their records expunged. As people lost jobs over the past few years, they found that criminal records often prevented them from finding work, particularly as more people vied for a smaller pool of positions. State and local officials say that economic pressure is responsible for a surge in expungements over the last five years, from roughly 23,000 in 2007 to more than 39,000 in 2011.
Loosening the restrictions is expected to shatter all records, with a stunning 60,000 additional requests each year, according to a fiscal analysis of the approved bill.
“These things are life-altering. It is just devastating to apply to a job, to try to get many things, primarily economic,” said Nashville criminal defense attorney David Raybin, who handles expungement and felons’ rights restoration cases. “The United States is the land of the second chance, that’s what we’re about. To permanently brand somebody with something like this to where it destroys their ability to work or go to school, there’s no reason for it anymore.”
Tennessee is set to join at least 17 other states that have some mechanism for first-time offenders to expunge a criminal charge, according to a study by the University of Cincinnati Law Review.
Under the new law, offenders can only have a single criminal conviction, must wait 5 years after all court requirements have been fulfilled and then must pay $350 to apply to have their one charge expunged. Offenders must apply in the county where they are convicted and after a hearing before a judge, where prosecutors could conceivably present evidence in opposition to the removal of a charge.
Most of the felonies eligible to be expunged are property crimes like theft and vandalism where the goods stolen are worth less than $1,000. Some minor drug charges, such as felony simple possession, are also eligible to be expunged.
Most misdemeanors are eligible, with the exception of convictions for violent crimes like assault and domestic assault, some weapons charges, child neglect and molestation charges and DUIs.
The bill passed handily, but not without much discussion and some opposition.
State Sen. Jack Johnson, R-Franklin, said he wasn’t opposed to the idea in spirit, but was uncomfortable with some details in the bill.
“It wasn’t necessarily an easy vote for me because I do believe in second chances. But I just don’t like that it includes a few things that I thought should not be expunged,” he said. “I thought it was a little broad, included some things I wasn’t comfortable with.”
He pointed to a handful of felony charges that could be expunged that he thought shouldn’t be, including forgery up to $1,000, auto burglaries and felony vandalism with damages up to $999.
“Being labeled as a felon? That’s pretty serious stuff and that could haunt a 22-year-old kid for the rest of their lives. I don’t have a problem showing some compassion for that,” he said. “But this bill went a little further than that.”
“It is tremendous the number of people who can’t have a firearm because of a conviction,” he said.
Raybin is currently suing the state on behalf of a Franklin man who was pardoned in Georgia and had his gun rights restored there, but was denied a gun permit in Tennessee because his original charge was drug-related. Tennessee bars violent and drug felons from possessing guns.
He said the new law is not only just, but will also benefit the state economically by removing barriers to employment for those who have made a mistake in their past.
Written by
Brian Haas
The Tennessean
For the first time in Tennessee, some one-time, nonviolent offenders will have the right to expunge their felony conviction, forever erasing that criminal record. A bill signed into law last month, and effective July 1, allows some offenders to expunge a select set of felonies and misdemeanors for a fee, after meeting all court requirements. The law applies only to offenders with a single conviction.The economy has already proven a powerful incentive for people to have their records expunged. As people lost jobs over the past few years, they found that criminal records often prevented them from finding work, particularly as more people vied for a smaller pool of positions. State and local officials say that economic pressure is responsible for a surge in expungements over the last five years, from roughly 23,000 in 2007 to more than 39,000 in 2011.
Loosening the restrictions is expected to shatter all records, with a stunning 60,000 additional requests each year, according to a fiscal analysis of the approved bill.
“These things are life-altering. It is just devastating to apply to a job, to try to get many things, primarily economic,” said Nashville criminal defense attorney David Raybin, who handles expungement and felons’ rights restoration cases. “The United States is the land of the second chance, that’s what we’re about. To permanently brand somebody with something like this to where it destroys their ability to work or go to school, there’s no reason for it anymore.”
Conviction stood
Until this law was passed, a conviction was permanent, absent an executive exoneration from the governor. Expungement was available only for those not guilty or whose charges were dropped or for those sentenced to judicial diversion, a process by which offenders can clear their names after meeting all of their court-mandated requirements.Tennessee is set to join at least 17 other states that have some mechanism for first-time offenders to expunge a criminal charge, according to a study by the University of Cincinnati Law Review.
Under the new law, offenders can only have a single criminal conviction, must wait 5 years after all court requirements have been fulfilled and then must pay $350 to apply to have their one charge expunged. Offenders must apply in the county where they are convicted and after a hearing before a judge, where prosecutors could conceivably present evidence in opposition to the removal of a charge.
Most of the felonies eligible to be expunged are property crimes like theft and vandalism where the goods stolen are worth less than $1,000. Some minor drug charges, such as felony simple possession, are also eligible to be expunged.
Most misdemeanors are eligible, with the exception of convictions for violent crimes like assault and domestic assault, some weapons charges, child neglect and molestation charges and DUIs.
The bill passed handily, but not without much discussion and some opposition.
State Sen. Jack Johnson, R-Franklin, said he wasn’t opposed to the idea in spirit, but was uncomfortable with some details in the bill.
“It wasn’t necessarily an easy vote for me because I do believe in second chances. But I just don’t like that it includes a few things that I thought should not be expunged,” he said. “I thought it was a little broad, included some things I wasn’t comfortable with.”
He pointed to a handful of felony charges that could be expunged that he thought shouldn’t be, including forgery up to $1,000, auto burglaries and felony vandalism with damages up to $999.
“Being labeled as a felon? That’s pretty serious stuff and that could haunt a 22-year-old kid for the rest of their lives. I don’t have a problem showing some compassion for that,” he said. “But this bill went a little further than that.”
Gun rights a factor
Raybin said that a secondary effect of the new law is that some felons will have their rights — including the right to have a gun — restored when their crimes are expunged. Raybin said that most of the clients who approach him about felony rights are specifically interested in having their gun rights restored.“It is tremendous the number of people who can’t have a firearm because of a conviction,” he said.
Raybin is currently suing the state on behalf of a Franklin man who was pardoned in Georgia and had his gun rights restored there, but was denied a gun permit in Tennessee because his original charge was drug-related. Tennessee bars violent and drug felons from possessing guns.
He said the new law is not only just, but will also benefit the state economically by removing barriers to employment for those who have made a mistake in their past.
Saturday, June 23, 2012
Thousands of Tennesseans could lose their licenses
Written by: The Associated Press
CLINTON, Tenn. (AP) —The impact of a law that gives Tennessee court clerks a powerful tool for collecting unpaid court costs will soon be felt when thousands of people begin losing their driver’s licenses.
The law says defendants have a year to pay all court costs in misdemeanor and felony cases or the Department of Safety will automatically revoke their licenses. It took effect last July, and the one-year grace period to pay is coming to an end for some defendants.
Court officials told The Knoxville News Sentinel that they welcome a new way to collect millions of dollars in outstanding debts, but they worry about the burden on an already overloaded court system.
Court clerks will be providing the information to the state about who hasn’t paid their fines.
Wednesday, June 20, 2012
Immigration lawyers busy after president's policy change
By Joseph Pleasant
NASHVILLE, Tenn. -
NASHVILLE, Tenn. -
Immigration lawyers are seeing an increase in calls from people wanting to know how to apply for deferred action through the Department of Homeland Security.
"The very first consult I had this morning was with a girl who was 13 years old and her parents brought her here because she wanted to see a lawyer," immigration attorney Elliott Ozment said. "I had to tell her there was nothing I could do for her today because you have to be 15 before you can register for this program."
Under the provisions of the program, illegal immigrants who meet certain criteria will be allowed to apply for work authorization and will not be deported.
In order to qualify, the person must have come to the United States before the age of 16. They must have continuously lived in the United States for five years prior to June 15, 2012 and be in the country on the 15th.
They must also be currently in school, have graduated from high school, have obtained a GED or are honorably discharged veterans of the Coast Guard or United States Armed Forces.
The person can not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses or otherwise pose a threat to national security or public safety.
Finally, the person must be younger than 30 years old.
The provisions are closely matched to those in the Development, Relief, and Education for Alien Minors or DREAM Act.
The measure has not been passed by Congress.
"I am just so disappointed that this administration has continued to try to change policy by just a dictate," 6th District Representative Diane Black said. "Not taking policy through Congress as it should be."
Ozment said he has had so many people making appointments that by Monday his calendar for the rest of the week is already full.
"First of all this has been an issue that has built up a lot of pent up demand for resolution," he said. "It is a sad commentary on this country that this problem has existed for as long as it has."
Ozment also said some people are being cautious about applying for the program. Some he said want to wait until after the November election.
"If Mitt Romney wins in November this action could just as easily be undone by President Mitt Romney," he said. "What if that was to happen? What would happen to those young people?"
The change in policy is immediate, but the application process is expected to begin in roughly 60 days. The Department of Homeland Security estimates that 800,000 people could qualify for the program.
After a person is accepted into the deferred action program they have to reapply every two years.
The illegal immigrant can apply for work authorization and also enroll in college.
"I have had others come in here today in tears thankful that someone cared enough to do something," Ozment said. "I just wish it had been done sooner."
Rep. Black has said she will draft legislation to reverse the change to the DHS policy this week when she returns to Washington.
"The very first consult I had this morning was with a girl who was 13 years old and her parents brought her here because she wanted to see a lawyer," immigration attorney Elliott Ozment said. "I had to tell her there was nothing I could do for her today because you have to be 15 before you can register for this program."
Under the provisions of the program, illegal immigrants who meet certain criteria will be allowed to apply for work authorization and will not be deported.
In order to qualify, the person must have come to the United States before the age of 16. They must have continuously lived in the United States for five years prior to June 15, 2012 and be in the country on the 15th.
They must also be currently in school, have graduated from high school, have obtained a GED or are honorably discharged veterans of the Coast Guard or United States Armed Forces.
The person can not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses or otherwise pose a threat to national security or public safety.
Finally, the person must be younger than 30 years old.
The provisions are closely matched to those in the Development, Relief, and Education for Alien Minors or DREAM Act.
The measure has not been passed by Congress.
"I am just so disappointed that this administration has continued to try to change policy by just a dictate," 6th District Representative Diane Black said. "Not taking policy through Congress as it should be."
Ozment said he has had so many people making appointments that by Monday his calendar for the rest of the week is already full.
"First of all this has been an issue that has built up a lot of pent up demand for resolution," he said. "It is a sad commentary on this country that this problem has existed for as long as it has."
Ozment also said some people are being cautious about applying for the program. Some he said want to wait until after the November election.
"If Mitt Romney wins in November this action could just as easily be undone by President Mitt Romney," he said. "What if that was to happen? What would happen to those young people?"
The change in policy is immediate, but the application process is expected to begin in roughly 60 days. The Department of Homeland Security estimates that 800,000 people could qualify for the program.
After a person is accepted into the deferred action program they have to reapply every two years.
The illegal immigrant can apply for work authorization and also enroll in college.
"I have had others come in here today in tears thankful that someone cared enough to do something," Ozment said. "I just wish it had been done sooner."
Rep. Black has said she will draft legislation to reverse the change to the DHS policy this week when she returns to Washington.
Monday, June 18, 2012
Attorney general's view allays concern over open meetings
Written by
A state lawmaker says a recent legal opinion from the state’s attorney general has soothed concerns about Tennessee’s open meetings law.
Republican Rep. Tony Shipley of Kingsport said he requested the opinion to clarify that local government officials can meet privately over a meal, as long as they don’t decide public business.
“My county commissioners were concerned they couldn’t even go to lunch together, and I told them I don’t think that’s the intent,” Shipley said. “So essentially that’s what I asked the AG, and he said: No, of course they can go to lunch together.”
Attorney General Bob Cooper cautioned in the opinion that while officials can share meals, they must avoid deliberating about official matters, which “has been defined to mean to ‘examine and consult in order to form an opinion,’ or to ‘weigh arguments for and against a proposed course of action.’”
The Tennessee County Commissioners Association during this year’s legislative session sought to have the state’s open meetings law changed to allow private meetings among officials as long as a quorum isn’t present.
Gov. Bill Haslam and fellow Republican House Speaker Beth Harwell of Nashville quickly came out against the proposal, but Senate Speaker Ron Ramsey was more receptive to concerns about the existing law that bans any number of local officials from deciding government business behind closed doors.
“It’s the same old question — it’s just according to what the press decides is deliberating,” Ramsey, R-Blountville, said in an interview at the legislative office complex. “There’s no definition in the law about what deliberations are.
“Does discussing a pothole in a county road and deciding that we want to vote on that (constitute) deliberating?”
Ramsey said the attorney general’s opinion takes steps toward clarifying the law, but he still considers the rules to be open to interpretation.
“I still feel the law is very vague, but I don’t think we’re ever going to change anything,” he said.
The law enacted in 1974 doesn’t ban officials from speaking to each other — as long as they are not deliberating on a pending issue. Frank Gibson, public policy director for the Tennessee Press Association, said the opinion reflects “what the law has been all along.”
“If they use breakfast or lunch at Cracker Barrel to deliberate or decide business, then that’s a violation,” he said.
“But there’s nothing in the law that says they can’t talk to each other or socialize.”
Erik Schelzig
Associated Press
A state lawmaker says a recent legal opinion from the state’s attorney general has soothed concerns about Tennessee’s open meetings law.
Republican Rep. Tony Shipley of Kingsport said he requested the opinion to clarify that local government officials can meet privately over a meal, as long as they don’t decide public business.
“My county commissioners were concerned they couldn’t even go to lunch together, and I told them I don’t think that’s the intent,” Shipley said. “So essentially that’s what I asked the AG, and he said: No, of course they can go to lunch together.”
Attorney General Bob Cooper cautioned in the opinion that while officials can share meals, they must avoid deliberating about official matters, which “has been defined to mean to ‘examine and consult in order to form an opinion,’ or to ‘weigh arguments for and against a proposed course of action.’”
The Tennessee County Commissioners Association during this year’s legislative session sought to have the state’s open meetings law changed to allow private meetings among officials as long as a quorum isn’t present.
Gov. Bill Haslam and fellow Republican House Speaker Beth Harwell of Nashville quickly came out against the proposal, but Senate Speaker Ron Ramsey was more receptive to concerns about the existing law that bans any number of local officials from deciding government business behind closed doors.
“It’s the same old question — it’s just according to what the press decides is deliberating,” Ramsey, R-Blountville, said in an interview at the legislative office complex. “There’s no definition in the law about what deliberations are.
“Does discussing a pothole in a county road and deciding that we want to vote on that (constitute) deliberating?”
Ramsey said the attorney general’s opinion takes steps toward clarifying the law, but he still considers the rules to be open to interpretation.
“I still feel the law is very vague, but I don’t think we’re ever going to change anything,” he said.
The law enacted in 1974 doesn’t ban officials from speaking to each other — as long as they are not deliberating on a pending issue. Frank Gibson, public policy director for the Tennessee Press Association, said the opinion reflects “what the law has been all along.”
“If they use breakfast or lunch at Cracker Barrel to deliberate or decide business, then that’s a violation,” he said.
“But there’s nothing in the law that says they can’t talk to each other or socialize.”
Friday, June 15, 2012
Haslam Issues Executive Order on State Drug Court Programs
Gov. Bill Haslam today announced an executive order to change the management and oversight of state drug court programs as part of his administration’s ongoing effort to increase government efficiency and effectiveness.
Executive Order No. 12 transfers the drug court programs from the Department of Finance and Administration (F&A) to the Department of Mental Health and Substance Abuse Services (TDMHSAS) effective July 1, 2012.
TDMHSAS oversees the licensing and funding for indigent Tennesseans needing substance abuse prevention, treatment, and recovery support services. The transfer of the drug courts to TDMHSAS will lessen duplication of effort and align with the department’s role as the substance abuse authority in the state.
“Management and oversight of Tennessee’s drug court programs are consistent with the focus of the Tennessee Department of Mental Health and Substance Abuse Services, and we believe it makes more sense for the department to manage these programs,” Haslam said.
Drug courts were established as an alternative to jails and prisons and are designed to foster recovery. For many arrested on drug-related offenses, prison is not the answer, and research has shown treatment costs are lower than costs associated with incarceration.
Drug courts refer clients to substance abuse community agencies that provide intervention and treatment services, which are funded, contracted and licensed by TDMHSAS. The department and the Office of Criminal Justice Services in F&A have had discussions about transitioning the programs and are prepared for a smooth transition.
“We are facing a major prescription drug problem in our state,” TDMHSAS Commissioner Doug Varney said. “We need to focus all of our resources in the most efficient, effective and collaborative way to maximize our impact on this issue and drug abuse overall.”
Drug court activities are also closely aligned with other programs currently overseen by TDMHSAS. For additional information about Tennessee’s drug court programs or other mental health and substance abuse programs please contact TDMHSAS’ Office of Communications at (615) 253-4812 or visit www.tn.gov/mental.
Executive Order No. 12 transfers the drug court programs from the Department of Finance and Administration (F&A) to the Department of Mental Health and Substance Abuse Services (TDMHSAS) effective July 1, 2012.
TDMHSAS oversees the licensing and funding for indigent Tennesseans needing substance abuse prevention, treatment, and recovery support services. The transfer of the drug courts to TDMHSAS will lessen duplication of effort and align with the department’s role as the substance abuse authority in the state.
“Management and oversight of Tennessee’s drug court programs are consistent with the focus of the Tennessee Department of Mental Health and Substance Abuse Services, and we believe it makes more sense for the department to manage these programs,” Haslam said.
Drug courts were established as an alternative to jails and prisons and are designed to foster recovery. For many arrested on drug-related offenses, prison is not the answer, and research has shown treatment costs are lower than costs associated with incarceration.
Drug courts refer clients to substance abuse community agencies that provide intervention and treatment services, which are funded, contracted and licensed by TDMHSAS. The department and the Office of Criminal Justice Services in F&A have had discussions about transitioning the programs and are prepared for a smooth transition.
“We are facing a major prescription drug problem in our state,” TDMHSAS Commissioner Doug Varney said. “We need to focus all of our resources in the most efficient, effective and collaborative way to maximize our impact on this issue and drug abuse overall.”
Drug court activities are also closely aligned with other programs currently overseen by TDMHSAS. For additional information about Tennessee’s drug court programs or other mental health and substance abuse programs please contact TDMHSAS’ Office of Communications at (615) 253-4812 or visit www.tn.gov/mental.
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