Memphis Lawyer April/May

the magazine of the Memphis Bar Association

Vol. 33, Issue 2

THIS ISSUE: Law Week 2016 Q & A: Judge Valerie Smith An Insider’s Look into Jury Deliberations Electronic Surveillance: The Limits of Law and Good Taste Commemorating the Memphis Riot and Massacre of 1866

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Volume 33, Issue 2

FEATURES 8

Law Week 2016

9

Bench Bar Reminiscences

12 14 16

BY JOE DUNCAN

An Insider’s Look into Jury Deliberations

BY CHIEF MAGISTRATE JUDGE DIANE K. VESCOVO

Electronic Surveillance: The Limits of Law and Good Taste

BY THE HONORABLE BOBBY CARTER AND THE HONORABLE JOHN W. CAMPBELL

Tennessee’s Drug-Free Zone Law: Defective by Design?

BY DEVON MUSE

17

Q & A: Judge Valerie Smith

19

Commemorating the Memphis Riot and Massacre of 1866

COLUMNS 6

President’s Column

BY SHEA SISK WELLFORD

10

Memphis Bar Foundation in Practice: MAARS

11

The CLC & Its Clients

23

BY LAURIE CHRISTENSEN

MALS Corner

BY HARRISON D. MCIVER III

DEPARTMENTS 18 30

BY DEAN DECANDIA

People in the News

34

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MEMPHIS LAWYER

2016 MBA Officers

the magazine of the Memphis Bar Association

MBA Publications Committee Karen Campbell Dean DeCandia Nicole Grida Sean Hunt Kim Koratsky Gigi Gaerig McGown Harrison McIver Jared Renfroe Ellen Vergos Mary Wagner Mason Wilson

Bar Association, Inc. that publishes six times each If you are interested in submitting an article for publication or advertising in an upcoming issue, contact Anne Fritz at 527.3575; afritz@memphisbar.org

Shea Sisk Wellford President

Mike Adams Jeremy Alpert Megan Arthur Lara Butler Betsy Chance Annie Christoff Jennifer Hagerman Doug Halijan Jonathan Hancock Maureen Holland Earl Houston Carrie Kerley Andre Mathis

Earle Schwarz

Secretary/Treasurer

Past President

Gigi Gaerig McGown Asia Diggs Meador Elijah Noel, Jr. Lisa Overall Jill Steinberg

ABA Delegate

Section Representatives

Felisa Cox

Imad Abdullah Stuart Canale Maggie Cooper Anne Davis Sean Hunt Toni Parker

Danny Van Horn AWA Representative

Jodi Runger

NBA Representative Law School Representative

Elizabeth Rudolph YLD President

Jonathan May

MBA STAFF

Anne Fritz

Executive Director

www.memphisbar.org

Vice President

2016 Board of Directors

or article submitted for publication.

145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 Fax: (901) 527-3582

Dean DeCandia

Lesia Beach

CLE/Sections Director

Charlotte Gean

Executive Assistant/ Membership Coordinator

Katherine Newsom Communications and Membership Director

Interested in writing for Memphis Lawyer or have an idea for the magazine?

E-mail Katherine Newsom at knewsom@memphisbar.org. .

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PRESIDENT'S COLUMN

by SHEA SISK WELLFORD

“language is very powerful. language does not just describe reality. Language creates the reality it describes.”

― Desmond Tutu

Trial lawyers develop themes for their cases, choosing just the right words and phrases to convey their client’s story and infuse it with meaning. Transactional attorneys strive for economy and clarity in their documents, selecting words that will unambiguously describe their client’s rights and liabilities. Words are an attorney‘s greatest tool and, as such, we should be particularly sensitive to their importance and impact. The words we choose create a reality that is manifest in the courtroom or between parties to a business venture. Similarly, but more subtly, the words we everyday use affirm or challenge beliefs and realities in our lives as well as the lives of others.

Consider the story of Juror Number 4. When seating a jury, one of our federal court judges, like a number of judges, engages the venire in an effective exercise designed to uncover implicit biases. Before the attorneys address the venire, the judge asks them a series of questions. One of those questions involves assigning a number to each party and attorney, and asking a potential juror to identify, by number, lead counsel for the plaintiff and lead counsel for the defendant. In my case, Juror Number 4 identified my younger, male associate as lead counsel for our client. The judge then asked lead counsel for each side to stand.

Surprise registered on the potential jurors’ faces when I stood instead of my colleague, and the episode was fodder for some good-natured joking within my firm after trial. It also caused me to think about how the language we use reaffirms or challenges implicit biases that we all hold.

Consider, too, a story told by another of our judges, who recounted that a prior generation of African American attorneys were routinely addressed in court by their first names, instead of their surnames, while white attorneys were addressed by their surnames. By using language to show respect to one attorney over another, explicit biases towards attorneys of color were reinforced. This prompted a number of African American attorneys to use initials instead of their first names in their professional lives, thereby forcing the use of their last name when being addressed.

Devising a means to force the use of bias free language is one way to address the issue, and likely the only effective avenue available to African American attorneys at the time. Today, how do we continue to affirm or negate implicit biases in our conversations and writings? An excellent example of suggested usage to ensure that communications are inclusive, rather than exclusive, is set out in the Memphis Bar Association’s Guidelines for Bias-Free Conduct, which can be found at memphisbar.org/build-your-practice. By consistently using inclusive language, we enforce a conscious and subconscious bias towards inclusiveness.

Another avenue to address implicit (and explicit) bias is to talk about those issues in open dialogue among ourselves and the public, both on an individual basis and on a larger scale. During Law Week, the Memphis Bar Foundation is providing such an opportunity to Memphis attorneys and the public. On May 2, 2016, the Foundation will host a luncheon with featured speaker Bryan Stevenson, American lawyer, professor, social justice activist, founder of the Equal Justice Initiative, and author of the best-selling book, Just Mercy, who will give a talk titled “The Memphis Massacre: Precursor to the Fourteenth Amendment.” I hope you will join me for the luncheon as well as other Law Week events scheduled that week. For more information on Law Week, visit memphisbar.org/blog/law-week-2016.

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Law Week 2016 History of Law Day

President Dwight Eisenhower established the first Law Day in 1958 to mark the nation's commitment to the rule of law. In 1961, Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day, which was subsequently codified (U.S. Code, Title 36, Section 113). Every president since then has issued a Law Day proclamation on May 1 to celebrate the nation's commitment to the rule of law and every year, the Memphis Bar Association celebrates with an entire week of events!

April 29

Law Week Launch Party 5:00-7:00 pm, Court Square (rain date: May 6) This free event features music, Central BBQ, beer, wine & soft drinks - and an ice cream truck and face painting for the kids! All members of the legal community are welcome - bring your kids and dogs.

May 2

Naturalization Ceremony 10:00 am, Cannon Center

May 2

The Memphis Massacre: Precursor to the 14th Amendment 11:30 am - 1:00 pm, Peabody Continental Ballroom Luncheon sponsored by the Memphis Bar Foundation featuring Bryan Stevenson commemorates the 150th anniversary of the Memphis Massacre, which resulted in the passage of the 14th Amendment. Tickets are $75 per person; a table of 10 is $750. Proceeds benefit the MBA’s Summer Law Intern Program for minority high school students.

May 3

“How to Do Good When You Don’t Have a Clue” 1:30-4:45 pm, MBA Offices Sponsored by the MBA Access to Justice Committee. Learn how to handle the most common issues arising at the Saturday Legal Clinic.

May 5

Annual Memorial Service 12:00 noon, Calvary Episcopal Church The Memorial Service honors lawyers and judges who have died during the past year. For a list of honorees, memphisbar.org/blog/memorial-service-honorees.

Bench Bar Reminiscences

by Joe Duncan

The first meetings of the Bench and Bar were less organized, much smaller in attendance, and only for the “hard core” trial bar. I would estimate that only 35 to 50 people attended the first one at Pickwick. Since we had no CLE requirements, we just had some sessions devoted to issues that were of interest of all of us, i.e. increasing the speed at which a case could advance from filing to trial, improving discovery, trial practice, and, of course, camaraderie.

Keep in mind that we were just getting accustomed to the transition from the “common law” form of pleadings to the codified form found in the Tennessee Rules of Civil Procedure. The older lawyers (yes, older than I) did not accept the new rules well. I had attended a seminar at the Peabody Hotel on the new civil procedure rules that were about come into effect, and just about ALL of the trial bar was in attendance, many kicking and screaming that the legislature had “legislated them into ignorance.” Even the sitting judges and chancellors were violently opposed to the changeover. At the beginning of the seminar, Chancellor Charles Rond was asked to say the opening prayer (yes, we prayed back in those days). He stood up and said, “If it all the same to you, I would just as well have the Lord not know I was here.” Then, he sat down. That was our prayer!

Back to Pickwick. Those in attendance were Jim Causey, David Caywood, Jim Manire, Tom Prewitt, Frank Glankler, Max Shelton (I think), Joel Porter, John McCarroll, Joe Duncan and another few lawyers who had a pretty fair trial practice. The judges who attended were Tharpe (who came to all of them), VorderBruegge, Charles Nearn (Court of Appeals), Will Doran (Chancellor).

We went to the seminars in the morning, and in the afternoon, we sat by the pool, played golf, hiked, or just drank. There was a lot of drinking back in those days. While I am not much of a drinker now, all of us imbibed to a large extent back then.

As a group, we were extremely close with each other. Now, through the passage of time, the trial bar has gotten so large that we don’t know everyone AND we are not as friendly with each other as we once were. Back then, we handled everything over the phone. There were no faxes or emails, and we did not need to confirm our conversations with a letter. In a pro bono case I had recently, I filed an answer for a pro bono client and appeared ready for the jury trial only to find that the other lawyer had appeared without any notice to me about one month earlier and non-suited the case. I showed up with the client and witnesses for nothing. Needless to say the judge and I were “chapped.” When I asked the lawyer about it the next day, she said that she did “not think about telling me.”

Is the Bench Bar Conference still relevant? Absolutely. Had this lawyer attended the B&B conferences, she would have learned that we lawyers may practice law with different styles, but we are expected to treat others lawyers with respect and with the Golden Rule in mind. The B&B conferences promote a closeness among lawyers whether 35 or 200 attend. In my opinion, the CLE training is only secondary, and the camaraderie is primary.

Joe Duncan is a partner in the firm of Burch Porter & Johnson, PLLC, and received the Judge Jerome Turner Lawyer’s Lawyer Award at the MBA’s 2015 Annual Meeting.

The first Bench Bar Conference was held at Pickwick State Park. Subsequent conferences were held at various locations in Arkansas before moving to Destin, Florida in 1999.

However, one year the conference was not held in Tennessee, Arkansas or Florida.

Where was it held?

Be the first to email Anne Fritz at afritz@memphisbar.org and receive $25 off the Bench Bar registration fee. Watch out for more opportunities to win!

Memphis Bar Foundation In Practice:

MAARS To further its mission of advocating and supporting public awareness of the legal system, promoting social justice and legal education, and recognizing professionalism among members of the Bar, the Memphis Bar Foundation (MBF) awards grants annually to many different organizations for their law-related projects and programs. Each issue of the Memphis Lawyer magazine will highlight a project or program supported by the MBF. The MBF receives its money from Fellows pledges, the $25 voluntary contribution on the MBA dues statement, donations, and periodic fund-raising events. Fellows are lawyers and judges who have practiced more than 10 years and who embody the highest standards of the profession. If you would like to become a Fellow, nominate someone to be a Fellow, or make a donation to the MBF, contact Anne Fritz at 901.527.3575 or afritz@memphisbar.org.

MARRS is a faith-based intervention program that intervenes in the lives of juvenile offenders by providing mediation services, community service & service learning projects, character development and leadership classes, mentoring opportunities, career planning, education enrichment, and expungement assistance. The program is a collaborative initiative between MARRS of the Memphis Leadership Foundation and Juvenile Court of Memphis and Shelby County.

Since its inception in 1993, MARRS has mediated over 3,650 cases, and collected $43,000 in monetary restitution fees for victims. Over the last five years MARRS has maintained an incredibly low recidivism rate between 6 and 8 percent. We successfully mediated 90 percent of all cases and 90 percent of all participants have successfully completed the program. In this current fiscal year of 2015-2016 MARRS’ referral sources have expanded, including Wilder Youth Development Center and the Public Defender’s Office-Juvenile Defender Unit.

A recent study conducted by the National Institute of Justice found that at least 57% of juvenile offenders will continue to offend 7 years after their 18th birthday without intervention.

Our program model offers opportunities of forgiveness and reconciliation through mediation services, community service, and service learning projects to restore faith in the community and rebuild damaged relationships. The character development and leadership classes, education enrichment, career planning, and mentoring opportunities rescue the youth from environmental habit forming agents. These agents usually guide their decision making until protective factors within the program components of the MARRS program are implemented.

Most juvenile offenders are “At-Risk” youth who have been impacted by 3 or more risk factors. Risk factors include but are not limited to large families with four or more children, 10

low parental education in children whose parents lack a high school degree and/or no occupational skills training, residential mobility which are children in families who have changed residences one or more times in the last 12 months, single-parent children in families with one unmarried parent in the household, teen mother: children whose mothers were teenagers when the child was born, and non-employed parent(s): children whose parents had no employment in the previous year and/or under employed longer than 12 months. A risk factor indicates the likelihood that a young person will commit an offense and is rated in five categories: individual characteristics, family factors, school/work factors, association with peers, and biological factors. MARRS’ components provide a ransom by giving our youth protective factors that work against these risk factors.

MARRS is currently recruiting volunteer mentors and mediators to fill the need of our program‘s increasing capacity. The program itself actually has the potential to save the city and county taxpayers thousands of dollars yearly. The total cost per case for Juvenile Court of Shelby County and Memphis averaged around $1425 per youth. According to the National Institute of Justice’s findings 57% of juvenile offenders reoffend without intervention. The MARRS program’s intervention best practices has produced a recidivism rate of less than 10% for the past several years that suggest MARRS’ youth retention rate of 90% saves the county and city of Memphis thousands of dollars. For every delinquent youth that is referred to the MARRS program there is a 90% chance that they will never cost the taxpayers of this city another dime in court fees, legal fees, and manpower. What a relief and assurance the MARRS program provides to the citizens of this great city and county.

The CLC & Its Clients

make pro bono experience priceless

by Laurie Christensen, staff attorney, Baptist Memorial Health Care Corporation

I first volunteered at the Community Legal Center (CLC) because I wanted to apply my education and help people. I didn’t anticipate that one of the people who would benefit most was me.

As a student at the University of Memphis School of Law, I volunteered for the CLC’s legal intake clinic. I thought it would be a good way to get some hands-on experience and quickly fell in love with the organization’s mission and people. In addition to volunteering for clinics, I found other ways to get involved over the years. After passing the bar and getting started in my legal career at Baptist Memorial Health Care Corporation, I took on my first pro bono case.

Mr. Peeples (not his real name) had been separated from his wife for more than 15 years and, despite them both living in Memphis, hadn’t even seen her in years. He came to the CLC looking for assistance with a divorce, as a stroke had caused some physical and verbal limitations preventing him from working and having the financial means to hire a private attorney. The divorce was uncontested and I was able to help him get it finalized so that he could close that chapter of his life and move forward.

Over the years, I’ve taken other CLC cases and have found all of them educational and personally rewarding.

Ms. Byrd was severely abused by her husband, to the point of leaving her face disfigured. I’ll always remember the relief and gratitude she felt when we were able to finalize her divorce. Ms. Conley got some security for herself and her children when we got her divorced from her absent, long-distance trucker husband.

I love my job at Baptist and am very proud of my role in helping it be an award-winning healthcare organization that deeply cares for its patients and employees. But the 11

help I can provide and the impact I can make for my CLC clients is rewarding in a very different way. As in-house counsel, I potentially have contact with over 15,000 of my Baptist colleagues (although Baptist Memorial Health Care is my only true client). The legal matters I deal with can range from transactional to regulatory matters and many different business-related issues.

With the pro bono cases I’ve taken through the CLC, I get to know clients on a personal level and see first-hand the difference I can make. I get to share in the relief and joy they feel. I see and feel their gratitude and know that I’ve helped them in truly vital ways.

Volunteering with the CLC has also helped me professionally. The cases I’ve taken through the CLC have dealt with family law issues, an area I don’t practice in professionally. This provided the opportunity to expand my professional network, reaching out and getting advice from friends and colleagues in the Association for Women Attorneys who practice in the area. I’ve seen how generous other lawyers are with their time and expertise.

My schedule doesn’t always permit me take on a pro bono client, but, in my roles as a volunteer and a former board member, I’ve seen the way the CLC impacts its clients’ lives immeasurably and feel so strongly about the organization and its mission. When I can’t take a case, I find other ways to help, like volunteering for the annual fall fundraising event, STRUT! Memphis, or by making a donation.

By joining the more than 100 Memphis-area lawyers who are actively involved with CLC pro bono clients, you can help change someone’s life. It likely will change yours, as well.

AN INSIDERS LOOK INTO

Jury Deliberations

by Chief Magistrate Judge Diane K. Vescovo wonder what the lawyers were thinking!)

If someone is said to be the judge, jury, and executioner, it means that they are in charge of every decision The case arose out of a three-car rear-end collision made.1 If you select a judge to serve as your juror, he or where cars heading west on Poplar merge off Poplar to she may likely become the judge, jury, and executioner enter Union Avenue. The plaintiff was in the first car in your case! That was my experience. and had come to a stop to wait for traffic to clear in order to merge onto Union. He was struck by car On June 15, 1995, I was appointed as a United States Magistrate Judge for the Western District of Tennessee number two at some point, which, in turn, was struck by car number three at some point. As the trial and have served in that position for the past 20 years. progressed, it quickly became apparent to me from Since the time I was selected to be a United States Magistrate Judge, I have had the opportunity twice to testimony read into evidence and bench conferences (that I tried not to listen to but still overheard) that this perform my duty as a citizen and serve as a juror, once was an appeal from General Sessions court. It was also in April 1995 and again in November 2009. Both were civil trials in Circuit Court, the first a slip-and-fall case clear to me that the plaintiff had prevailed in the lower against Walmart and the second an automobile accident court, and the real dispute was between the two defencase. Both times I was elected foreperson. In 1995, I dants as to which one was at fault. had been selected as a judge but not yet sworn in, but at After the case was submitted to the jury on the second the time of my service in 2009, I had been a federal day of trial and we retired to the jury room, the first judge for over fourteen years. Federal judges are not order of business was selection of a foreperson. Other exempt from jury service in state court in Tennessee. than to remind my fellow jurors of our task, I tried to When I received the summons for jury service in remain silent to see how the process evolved. In both cases, however, one or more of my fellow jurors quickly 2009, like every seasoned lawyer, I chose Thanksgiving suggested that I serve as the foreperson because I was week, thinking that there would be no jury trials set for the three days before Thanksgiving even though I was more knowledgeable than anyone else about the law ever mindful of my civic duty to serve. As it turned out, and how to proceed. In the second case, because it was there were two jury trials set that week – one criminal two days before Thanksgiving, I quickly agreed to serve as the foreperson thinking that I could structure the and one civil. Although there were over 200 prospective jurors assembled that Monday morning, I was called for deliberations in order to expedite the process. After all, I had out-of-town company arriving the next day, and, the first panel for the civil case. Our then jury Commissioner Kit Carson assured me that I would not be like every other juror, I would rather have been at home chosen because I was a judge and would soon be preparing for Thanksgiving. dismissed. Little did he know!

The first hurdle I encountered was convincing the jury Upon arriving in Judge Kay Robilio’s courtroom, I was to begin deliberations before taking an early lunch again lucky enough to be called as one of the twelve break. It was my thought they we could reach a verdict jurors to be seated in the jury box. Still thinking that the in a relatively short time before lunch which, in the end, proved to be true. Next, I had to decide whether to have lawyers would quickly strike me, I eagerly answered all their questions during voir dire. Yes, I knew all the a brief or extended discussion before polling the jurors lawyers. Yes, I knew Judge Robilio; she and I had gradu- or just to take an initial vote. I chose to have a brief discussion first in order to give jurors an opportunity to ated from law school together in the same class. I even knew the court reporter; she often covered hearings in express their views, if they wished, and then proceeded my courtroom. And yes, despite knowing the lawyers to take a vote. After the initial vote, it was clear that our and judge, I could still be fair and impartial because jury agreed the plaintiff was not at fault and was entitled to damages. that’s what I did every day for a living. To my surprise, none of the lawyers struck me. (To this day, I still

The more difficult question was not the allocation of fault between the two defendants but deciding the amount of damages to award the plaintiff. Several jurors did not want to award any damages because the plaintiff was not seen or treated by a doctor before contacting an attorney. (By the way, the same issue arose in the first jury case.) One or two other jurors wanted to award an amount substantially higher than the plaintiff’s medicals.

By using mediation techniques, I managed to facilitate reaching a range of damages. (I must confess I did share my belief that this was a general sessions appeal and by filing initially in General Sessions court, the plaintiff was not seeking more than $25,000.) Even though we had been instructed not to reach a “quotient verdict,” at some point, one juror suggested that we each just write down an amount and determine the average amount. I quickly vetoed that suggestion but wondered if the jurors understood the term “quotient verdict.” Ultimately, the jurors agreed to award the plaintiff his medicals on the theory that the doctor would not have treated the plaintiff if the plaintiff did not need the treatment. Before taking a lunch break, we reached a verdict and awarded the plaintiff approximately $8,000 and allocated fault between the defendants.

After we returned our verdict and were discharged, the lawyers were waiting for us with questions, and, in turn, I had questions for them. As I had surmised, the plaintiff had prevailed in General Sessions Court, and the defen-

dants had appealed. According to the plaintiff’s attorney, the General Sessions judge had awarded the plaintiff approximately $10,000. My jury was not far off the mark.

In general, all the jurors in both cases actively participated in the deliberations with one exception. In my first case, one juror immediately announced that he had worked all night, he thought the defendants were liable, and he asked me to wake him up when we were ready to decide how much money to give the plaintiff.

Do jurors understand the judge’s instructions on the law? Not all the time. In my first jury case, the slip and fall case, one juror insisted that the judge had said that premise owners were insurers of their premises. She also claimed that she had written it down somewhere just to be sure. After much discussion, I was able to convince her and the other jurors that she had not heard correctly and that the judge had said that premise owners were NOT insurers of the premise.

Overall, serving as foreperson of two juries gave me the unique opportunity to have an insider’s view of jury deliberations. But, respectfully, in my opinion, having a judge serve as juror results in basically a bench trial. www.usingenglish.com/reference/idioms/judge%2c+jury+and+executioner.html).

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ELECTRONIC SURVEILLANCE The Limits of

LAW & GOOD TASTE

By The Honorable Bobby Carter and The Honorable John W. Campbell

A marriage is on the rocks. Things may not be going as smoothly as they once did. Suspicions arise. Maybe the bonds of matrimony have become frayed to the point that the parties are now obtaining legal counsel. Or possibly, a divorce has been filed and months of negotiation have not produced an agreeable resolution. Increasingly, individuals are looking at anything to give them an “edge” or a “bargaining chip” in the dissolution of their marriage.

Electronic eavesdropping, spying or just plain snooping around are seen as a means of self-help to some individuals who find themselves in these situations.

If we are lucky, the client will come to us for advice before employing such drastic measures. When they do, we need to be prepared to answer their questions. Many attorneys who regularly practice family law already incorporate admonishments or instructions on a variety of behaviors as part of their standard client intake instructions. If not, they should probably consider doing so.

the court considered whether a secretly recorded conversation between an undercover police officer and a suspect in a gambling ring violated the 4th Amendment. The Court held that the federal Title III act and the Tennessee law "authorized by implication" the recording of a phone conversation where one of the parties to the conversation consents to the recording. So, if your client is recording their own phone conversations it does not violate the law. This article is not designed to comment on whether such a practice constitutes good manners, or even sound legal strategy.

How did we get here?

At one time electronic surveillance was not regulated and was not deemed a violation of the 4th Amendment unless the government actually intruded on the defendant's premises.1 Over time Congress and the courts began to increase protections against electronic surveillance. At first these restrictions only applied to actions in federal court.2 Then in 1967 the United States Supreme Court reversed a state conviction under New York law and found that the wiretap violated the 4th Amendment.3 After Berger, and Katz v. United States, 389 U.S. 347 (1967), Congress acted to create legislation regulating electronic surveillance. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 is the framework for all electronic surveillance legislation adopted by the states. Title 39 Chapter 13 Part 6 of the Tennessee Code Annotated sets out the criminal parameters of electronic surveillance.4

What about more invasive techniques of snooping? Tennessee law makes it illegal to “intentionally intercept, endeavor to intercept or procure another person to intercept or endeavor to intercept any wire, oral or electronic communication”.5 It is illegal to knowingly disclose or use material gained through an illegal wiretap. This is important for attorneys to understand since using this material in a case can lead to civil penalties for the attorney as well the possibility of criminal sanctions as a Class "D" felony.6

One of the most frequently asked questions is, “Can I record my own phone calls with my ex (or soon to be ex)?” Having a record of statements or agreements or possibly even threats is a useful tool at times. The simple answer is, “Yes”. In the case of Stroup v. State, 552 S.W. 2d 418 (Tenn.Crim.App. 1977), 14

Eavesdropping is generally frowned upon in our society.

When we have a “reasonable expectation” that our communication is a private one, taking steps to intercept, overhear or monitor it are largely illegal. So, generally, anything you say or do in public, or even within the hearing of another individual, is fair game. When we have a “reasonable expectation” that our communication is a private one, taking steps to intercept, overhear or monitor it are generally illegal. Courts have held that this “expectation of privacy” must be reasonable.

Two Tennessee cases illustrate what is and what is not legal.

In Mims v. Mims, 780 S.W.2d 739 (Tenn.App. 1989), the husband in a divorce proceeding followed his wife out to the garage and proceeded to listen to her have a phone conversation. The husband took a tape recorder and taped his wife's side of the conversation. As the conversation continued, the husband pushed another tape recorder under the chair his wife was sitting in and taped her side of the conversation.

During the divorce proceeding the husband sought to introduce a transcript of the wife's conversation. The wife objected saying that the secret taping of her conversation was an illegal wiretap.

The court held that this was not a "wiretap" and allowed the admission of the tape. The Court's reasoning was that when a person carries on a conversation in a normal tone of voice that can be overheard by third parties in a public place then there is no expectation of privacy. In Robison v. Fulliton, 140 S.W.3d 312 (Tenn.App. 2003) the circuit court found that a husband had illegally taped his wife's phone conversations and tried to introduce material discovered in those conversations in his divorce proceedings. The wife's brother filed for damages for his illegally recorded conversation. The court found that there was minimum damage to the plaintiff and awarded $500 in damages. The Court of Appeals reversed based on T.C.A. §39-13-603 and found that if there is a violation, the court must award $10,000 or actual damages, whichever is the greater. The case was remanded for the award to be increased to $10,000. T.C.A. §39-13-603 also allows for punitive damages, reasonable attorneys fees and court costs.

What about computers and electronic mail? After 1986, Title III was amended to include computers and electronic mail. Tennessee's statute has also been expanded to cover this material. With the expansion of the use of computers by practically everyone and the proliferation of spyware, persons have the ability to eavesdrop on computer communications.

This will show up in court cases involving divorce, business disputes, patent cases and such. In Klumb v. Goan, 884 F.Supp. 2d 644 (E.D. Tennessee 2012), a former husband sued his former wife for violating Title III. The plaintiff found that his former wife had installed spyware on his computer and was accessing his email and also monitoring his computer usage by a keylogger and brought suit alleging that his electronic information had been "intercepted" in violation of Title III and the Tennessee statute. The defendant argued that his was not an interception of the material in transit over the Internet and therefore was not a violation of Title III. The Court held that the defendant violated Title III by using the router switching analysis in that when an email is automatically routed by spyware to a third party computer, an illegal wiretap has occurred.6 It is not a violation of the law for parents to monitor the computer usage of minor children.7 T.C.A. §39-13-606 covers the electronic surveillance of motor vehicles. Under the statute it is illegal to attach a tracker to a car to monitor where that car travels unless all the owners of the vehicle consent. There are exceptions including parents monitoring where their minor children are going in the family car and trackers whose sole purpose is to aid in theft recovery.

This is a very general overview of the law surrounding electronic surveillance. Hopefully it will be a helpful guide for attorneys to not get trapped in a situation where they give bad advice or get involved in a situation that could result in civil and criminal penalties.

Notes: 1 Olmstead v. United States, 277 U.S. 438 (1928). 2 Nardone v. United States, 302 U.S. 379 (1937), Benanti v.

United States, 355 U.S. 96 (1957). 3 Berger v. New York, 388 U.S. 41 (1967). 4 T.C.A. §39-13-601- 610. 5 T.C.A. §39-13-601. 6 T.C.A. §39-13-602.

7 Klumb at page 661. 8 T.C.A.§39-13-601(d).

Bobby Carter is Judge of Criminal Court, Division III. He was elected Judge of Division III in August of 2010 in a special election to fill the vacancy created by the retirement of John P. Colton, Jr. Judge Carter received a Bachelor of Arts Degree in English and a Bachelors Degree in Humanities from Christian Brothers College, Memphis in 1977. He received a Doctor of Jurisprudence Degree from the University of Memphis in 1980. Judge Carter has previous experience in private practice and in the Shelby County Public Defender’s Office. He was an Assistant District Attorney General for twenty-six years prior to his election.

John W. Campbell is Judge of Criminal Court, Division VI. Judge Campbell was appointed by Governor Bill Haslam on November 1, 2013 to replace Judge John Fowlkes after his appointment to the federal bench. Judge Campbell received his Bachelor of Arts Degree in History from Memphis State University in 1980. He received a Doctor of Jurisprudence Degree from Memphis State University in 1983. Judge Campbell began his legal career as an Assistant Public Defender in 1984 and was assigned as a trial attorney in the criminal courts of Shelby County. In 1985 Judge Campbell was appointed an Assistant District Attorney General for the 30th Judicial District of Tennessee in Memphis and served in that capacity until his appointment to the bench in 2012. While an Assistant District Attorney, Judge Campbell served in a variety of roles including service as Deputy District Attorney under District Attorney Amy P. Weirich.

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15

Tennessee’s Drug-free Zone Law:

Defective by Design?

by Devon C. Muse

Children and illicit drug activity do not mix and as a society we recognize this. In fact, every state in the U.S. has adopted drug-free zone legislation reflecting this notion. Drug-free zone laws (“DFZLs”) aim to ensure the safety and well being of our children and their surrounding communities by discouraging drug activity near locations children frequent, such as schools or parks. A noble goal indeed. But what if the law is failing? Or even worse, what if the law is doing more harm than good? Recent congressionally led and institutionally driven research makes this concern all-too-real, bringing to the forefront an important question: What should Tennessee do in light of these findings?

Tennessee’s DFZL (TENN. CODE ANN. § 39-17-432) aims to deter drug activity away from youth by requiring enhanced and mandatory minimum sentences for criminal drug-law violations within one thousand feet of any school, child care agency, public library, recreational center, or park. On its face, such a law seems perfectly reasonable and suitable for providing special protection to our youth. But in this generalized assumption lays a problem.

Statistical research demonstrates that when the “buffer zones” employed under DFZLs are not adequately tailored to a state’s needs, the primary deterrent value of the law is often rendered ineffective and disparate impacts on minority and lower-income communities are furthered. For example, consider urban areas or other densely populated sections of a municipality.

These areas generally retain more schools, parks, and the like, meaning more drug-free zones per square mile. As the zones per square mile increase, the super-criminalized areas begin to overlap until entire communities are turned into giant, unbroken, drug-free zones. The overlapping zones create a blanket so large that any incentive to avoid participating in drug activity near the

proscribed locations is negated, thus diluting the special protection intended by the law. Aside from negating the intended purpose of the law, states’ failure to tailor their DFZL to their particular needs results in disparate impacts on minorities and lower-income classes, who already are effectively forced to reside in these densely populated areas for socioeconomic reasons. Merely by their minority or low-income status, individuals face and receive harsher sentencing violations than an individual who lives in more affluent, less dense suburbs.

So, what should we do? Tennessee needs to investigate for shortcomings in its DFZL. The state’s legal community has voiced and continues to voice opposition to the current construction of the law, and with recent findings calling into question substantively similar DFZLs in jurisdictions akin to Tennessee, the concern is well warranted. Many other states already reviewed their drug-free zone legislation, found substantial defects, and made beneficial corrections to their law. That path, if taken by Tennessee, can provide the benefit of ensuring our DFZL adequately protects our vulnerable youth.

Such a realization however, is impossible without proper investigation. How to fix our DFZL is a fact-specific question, and while other jurisdictional studies provide guidance on the issue, the answer depends upon the types of defects unearthed by a thorough statistical analysis and practical consideration of Tennessee and its DFZL. Ultimately, the circumstances demand that the Tennessee General Assembly and social engineers of this state take legislative and investigative action to ensure the children of our community are as safe from illegal drug activity as possible.

To read the Mr. Muse’s full report on Tennessee’s Drug-free zones, visit memphisbar.org/news-publications/mephislawyer-magazine/2016

Devon C. Muse is a second-year law student at The University of Memphis Cecil C. Humphreys School of Law. He received his bachelor of arts in political science with a minor in legal studies from East Tennessee State University. Muse is active in the community as well as his law school, where he serves on the Memphis Law Review and Moot Court Board. He previously worked as a judicial extern for the Tennessee Court of Criminal Appeals and as a legal intern for Spivey King & Spivey LLP. He currently works as a graduate research assistant to Professor of Law John Newman, and intends to spend his summer in Nashville, Tennessee as a legal intern for the Tennessee Attorney General’s Office.

Q&A:

Judge Valerie Smith Why did you pursue the appointment for Circuit Court Judge? Was your previous experience clerking for Judge James Russell a factor?

I have practiced in every court in Shelby County and many more across the state. That experience showed me the type of judge that I wanted to appear before. Those that are committed to hard work and continued study, respect all who appear before them, exercise compassion when appropriate, and maintain a sense of what it is like to be a lawyer are a pleasure. I knew that I would be that type of judge and offered myself for this position. Of course having clerked for Judge Russell was a factor. Before even having a license, I saw through the eyes of a judge what it was like to listen to arguments and make decisions. Judge Russell has been a wonderful mentor to me, and I am grateful to have had that experience.

What was the appointment process like for you?

The appointment process was one filled with learning. I would encourage anyone who is interested in taking the bench to read the application for appointment. I realized when answering the questions that my desire was to shift my career back to one that is service driven. Having left the District Attorney’s office more than ten years ago, I am happy to be back in a service role. In all, I very much enjoyed the process. The Governor’s Council for Judicial Appointments was diligent while also being kind. I can say the same for his office. I conveyed to Governor Haslam in my interview that I was grateful to have been considered regardless of his choice. Obviously, I am very pleased with his decision.

What has the transition been like for you?

The transition has been an exciting one. I have much to learn, but welcome the new challenges.

How has your past experience served you in your new role?

I am accustomed to a large caseload both in the DA’s office and in private practice. I have practiced trial work for the past 16 years, so am very comfortable in a courtroom. Having handled such a large caseload in front of so many different jurists with

different personalities and ideas, I am prepared to do all I can to accommodate both lawyers and litigants in a timely fashion.

That will increase access to justice for everyone.

You aren’t a stranger to the circuit court, but what is different now that you are behind the bench? Have their been any surprises? What did you not know going in that you have learned?

Having been a law clerk and practiced extensively in Circuit Court, I can’t say that I am necessarily surprised by anything.

Obviously making decisions rather than acting as an advocate for one side is different. I have learned thus far that many lawyers have different styles than I might have had or that I have seen before. There are many ways to be an effective advocate.

How important is the Circuit Court to the community?

The Circuit Court is enormously important in the community. Decisions made here through both jury and bench trials affect the lives of citizens throughout Shelby County. It is essential that all jurists in Shelby County take serious the responsibility associated with making life-changing decisions and presiding over trials that do the same.

Prior to your appointment, where were you practicing?

I practiced as an Assistant District Attorney from 2000-2006. I have been with Nahon, Saharovich, and Trotz from 2006 until my appointment to the bench in March of this year.

Do you have any suggestions for young lawyers?

My main suggestion to young lawyers is to follow your gut. I knew from the time that I served as a law clerk that I am happiest when I serve my community. I was able to do that in the DA’s office, and later through community service while I was in private practice. When Division 3 of Circuit Court was posted, I followed my instinct to put myself out there and apply for this position though it might have been easier and more comfortable to continue my practice. If you don’t take a chance, you never know where you can go.

17

COURT REPORT

THE

by DEAN DECANDIA

CRIMINAL COURT—Covers the weeks of February 8, 2016 to March 14, 2016 COURT DIV. I

JUDGE SKAHAN

VERDICT Correction from Last Issue STATE V. REDDIE CHAFFIN: Trial from Jan 25 to 27. Indicted for Aggravated Robbery. Verdict: Found guilty of Robbery. Prosecution: Tyler Parks, Gavin Smith. Defense: Blake Ballin.

1. STATE V. MARTINESS HENDERSON: Trial from Mar 7 to 10. Indicted for 1st Degree Murder During the Perpetration of Robbery. Verdict: Guilty as indicted. Prosecution: Pam Stark, Sam Winnig. Defense: Claiborne Ferguson, John McNeil.

DIV. II

WRIGHT

1. STATE V. MARIO CORADO: Trial from Feb 22 to 24. Indicted for Statutory Rape. Verdict: Guilty as indicted.

Prosecution: Muriel Malone. Defense: Robert Amann.

DIV. III

CARTER

No jury trials to completion this period.

DIV. IV

BLACKETT

1. STATE V. CALVIN BANKS: Trial from Feb 22 to 25. Indicted for 1st Degree Premeditated Murder. Verdict: Guilty as indicted. Prosecution: Tracye Jones, Paul Hagerman. Defense: Art Horne.

DIV. V

LAMMEY

1. STATE V. KATHERINE TAYLOR: Trial from Feb 29 to Mar 4. Indicted for Criminal Attempt: 1st Degree Murder.

Verdict: Guilty as indicted. Prosecution: Marianne Bell. Defense: Leslie Ballin.

DIV. VI

CAMPBELL

DIV. VII

COFFEE

1. STATE V. DWIGHT GOSSETT: Trial from Feb 22 to 26. Indicted for 2 counts of Aggravated Sexual Battery. Verdict: Guilty as indicted. Prosecution: Carrie Shelton, Bryce Phillips. Defense: Lauren Pasley.

DIV. VIII

CRAFT

1. STATE V. FRED BEAL: Trial from Feb 16 to 22. Indicted for 1st Degree Murder During the Perpetration of Attempted Robbery, First Degree Premeditated Murder (alternative count), 2 counts Criminal Attempt: Especially Aggravated Robbery, Criminal Attempt, 1st Degree Murder, Employment of Firearm During the Commission of Dangerous Felony. Verdict: Guilty as indicted. Prosecution: Neal Oldham, Colin Campbell. Defense: Juni Ganguli, Laurie Durham.

DIV. IX

WARD

1. STATE V. WILLIAM SAPPINGTON: Trial from Feb 22 to 24. Indicted for Theft of Property ≥ $10,000. Verdict: Guilty as indicted. Prosecution: Ann Schiller. Defense: Patrick Stegall.

DIV. X

BEASLEY

1. STATE V. JIMMIE HENRY, VINCENT JOHNSON: Trial from Feb 22 to 25. Both defendants indicted for Aggravated Assault. Verdict: Henry found guilty of Criminal Attempt: Aggravated Assault; Johnson found guilty of Assault. Prosecution: Jose Leon. Defense: John Dolan (Henry); John Parker (Johnson).

No jury trials to completion this period.

2. STATE V. RICHARD CRAWFORD: Trial from Feb 29 to Mar 3. Indicted for Criminal Attempt: Especially Aggravated Robbery, 2 counts of Criminal Attempt: Especially Aggravated Kidnapping, Criminal Attempt: 2nd Degree Murder, Employment of Firearm During the Commission of a Dangerous Felony. Verdict: Guilty as indicted. Prosecution: Pam Stark. Defense: Mike Working.

18

Commemorating

The Memphis Riot and Massacre of 1866 In the spring of 1866, Memphis was a powder keg waiting to explode. Freed slaves had swelled the city’s population to 40,000; white citizens were chafing under the control of the federal government and uncertain about their future; and pro-Confederate newspapers stoked their fear by highlighting every instance of crime or violence committed by the newly freed slaves. All of this was a backdrop to the burning question of the day: “How and under what conditions were the former Confederate states to be re-admitted to the Union?”

The powder keg exploded on May 1, 1866 when four white police officers were sent to break up a group of black soldiers of the Third United States Colored Heavy Artillery Regiment, who had just been mustered out of the army on April 30. Tension escalated as the soldiers refused to disperse; the four officers retreated and called for reinforcements. The soldiers gave chase and gunfire broke out. A force of city police officers, most of them Irish immigrants, and angry white Memphians assembled to engage the soldiers, but by then, the soldiers had been ordered back to Fort Pickering. Finding no soldiers, the mob burned black homes, schools and churches as well as attacking black men, women and children. The violence continued until the afternoon of May 3 when General George Stoneman, commander of the federal forces in Memphis, declared martial law and restored order by force.

When the violence ended, 46 blacks and two whites had been killed, 75 persons (mostly black) injured, over 100 persons robbed, 5 black women raped, and 91 homes (all but two held by blacks) and all black schools and churches burned. In the aftermath, investigations were held by the Freedmen’s Bureau and Congress. However, no criminal

proceedings took place against the instigators or perpetrators of the atrocities as the United States Attorney General, James Speed, ruled that judicial actions associated with the riots fell under state jurisdiction. State and local officials refused to take action, and no grand jury was ever convened.

News of the riot and massacre spread across and horrified the nation. As a result of the riot and massacre, the black population of Memphis decreased by 25% between 1865 and 1870 as many freedman permanently relocated from the city. The events in Memphis and a similar incident in New Orleans in July 1866, increased support for Radical Reconstruction. Radical Republicans swept the congressional elections of 1866, obtaining a veto-proof majority, and subsequently passed several key pieces of legislation including the Reconstruction Acts, Enforcement Acts and the 14th Amendment to the U.S. Constitution.

Memphis is playing a leading role in commemorating the 150th anniversary of these events. While the American Civil War has been commemorated for over a century, and the 150th anniversary celebration was completed last year, Reconstruction has never been commemorated, according to Timothy S. Good, Superintendent of the Ulysses S. Grant National Historic Site, National Park Service, in St. Louis. “Starting this year, at Memphis, that changes,” he continues. “For the first time in American history, a Reconstruction event will be commemorated and the first one to receive that attention will the 1866 Memphis Massacre. When historians write of the sesquicentennial of Reconstruction, the first chapter will be entitled ‘Memphis’”.

The National Park Service, the Memphis Branch NAACP, the Ben F. Jones Chapter of the National Bar Association, and the Memphis Bar Foundation have joined together to offer several commemorative events: May 1, 2016 – Historical marker dedication service 3:30 pm at the National Civil Rights Museum May 2, 2016 – Luncheon sponsored by the Memphis Bar Foundation from 11:30 am to 1:00 pm at the Peabody Hotel: “The Memphis Massacre: Precursor to the 14th Amendment” featuring Bryan Stevenson, Founder & Executive Director of the Equal Justice Initiative and Professor of Law at New York University School of Law. Tickets are $75 per person or $750 for a table of 10. Proceeds benefit the Memphis Bar Association’s Summer Law Intern Program for minority high school students. For more information, contact afritz@memphisbar.org.

May 2, 2016 – Public Forum/CLE Seminar sponsored by the Memphis Branch NAACP and the Ben F. Jones Chapter of the National Bar Association from 1:45-5:15 pm at the National Civil Rights Museum: “Understanding the 14th Amendment: The 1866 Memphis Massacre and the 14th Amendment.” Speakers include Stephen Ash, Professor Emeritus, University of Tennessee at Knoxville and author of A Massacre in Memphis; Professor Beverly Bond and Professor Susan O’Donovan, The University of Memphis; Attorney Jim Emison; Attorney Aderson Francois, Professor Law at Howard University School of Law; and Bryan Stevenson. For more information, contact Phyllis Aluko at plaluko@gmail.com.

19

“The past is never dead.

It’s not even past.”

– William Faulkner

As recent events have shown, the erection of Civil War markers and monuments in the past has been fraught with meaning. Similarly, the push to erect a marker commemorating the events of May 1-3 in Memphis has become embroiled in differences over the proper language to use. Below you will see text approved by the Tennessee Historical Commission and Memphis Branch NAACP’s proposal.

On the next page, there are excerpts from two viewpoints on the wording of the historical marker to commemorate May 1-3, 1866. To read them in full, go to memphisbar.org/news-publications/memphis-lawyer-magazine/2016.

Text Approved by Tennessee Historical Commission

Memphis Race Riot of 1866 “The Memphis Massacre” On May 1, 2, and 3, 1866, an estimated 200-300 white people, the great majority of whom were Irish immigrants, including many policemen, attacked recently-emancipated black people. At least 40 blacks were murdered, dozens more wounded, several black women were raped, and many others robbed. Rioters burned numerous black churches, schools, and houses. Federal troops still stationed in the city restored order on May 3.

No one was prosecuted in connection with the riot, which was characterized by several newspaper accounts and a Congressional committee report as a “massacre.”

The Memphis riot was a rallying cry in the momentous battle over the nation's reconstruction following the Civil War. Ultimately, it helped ensure Congress’s passage and submission to the states of the Fourteenth Amendment to the U. S. Constitution.

Memphis Branch NAACP’s Proposal

1866 Memphis Massacre On May 1, 2 and 3, 1866, mobs of white men led by local law enforcement attacked black people in areas near South St. (aka Calhoun or G.E. Patterson). By the end of the attack, the mobs had killed an estimated 46 black people; raped several black women; and committed numerous robberies, assaults and arsons. A congressional investigative committee reported that four churches, twelve schools and 91 other dwellings were burned. Although no one was ever prosecuted for this massacre, it became a rallying cry in the battle over the nation’s reconstruction following the Civil War. Ultimately, the outrage that followed the massacre helped to ensure the adoption of the 14th Amendment to the United States Constitution.

20

Commemorating the 1866 Memphis Massacre

by Phyllis Aluko

This past summer, I finally read Stephen Ash’s book, A Massacre In Memphis, and was stunned. I was not stunned because of what I learned about the nature of the atrocities perpetrated against the African-American community in 1866. Nor was I stunned that no one was prosecuted for the offenses although the nation responded to the extensive news of the massacre with outrage. I really wasn’t even stunned that it was local law enforcement who led the mobs of white men who attacked black Memphians on May 1, 2 and 3, 1866. Instead, what shocked me the most was that although I was born and raised right here in Memphis, I didn’t remember previously being told about this important event in our nation’s history. It was inconceivable to me that the solid education that I received here would have omitted an event that many believe significantly contributed to the congressional vote to propose to the states the 14th Amendment to our United States Constitution in June 1866. Although it took another two years for enough states to ratify the 14th Amendment, it is clear that the 1866 Memphis Massacre spurred Congress to act boldly in spite of significant opposition from our fellow Tennessean, President Andrew Johnson. In fact, just one week after the massacre ended, Rep. Thaddeus Stevens of Pennsylvania argued to his colleagues in Congress, “Let not these friends of secession sing to me their siren song of peace and good will until they can stop my ears to the screams and groans of the dying victims at Memphis.”

When I discovered that no historical marker had been erected to honor the victims of the massacre whose sacrifices helped our nation to realize that citizenship by birth; the privileges and immunities of citizenship; due process and equal protection of the laws are all worthy of constitutional protection, I decided to remedy that omission before the 150th anniversary of the Memphis Massacre. I immediately found a ready partner in the Memphis Branch NAACP and later in the National Park Service.

The initial application for the historical marker was submitted to the Tennessee Historical Commission in July 2015 and later approved by its Historical Monuments and Markers Committee with one dissenting vote. However, the dissenter substantially rewrote the proposed marker text and carried his objections to the October meeting of the full commission. The full commission decided to adopt the dissenter’s substantial rewrite over the objections of the Memphis NAACP. The Memphis NAACP lodged an official written objection to the Commission’s actions along with letters of support from two noted historians—Dr. Beverly Bond and Dr. Stephen Ash. Several months later, we were notified that during its upcoming February meeting, the full commission would be...

Characterizing the Deplorable: Riot or Massacre?

by Sam D. Elliott

I have been invited by the Memphis Bar Association to explain the position of the Tennessee Historical Commission as it relates to the controversy over the marker meant to commemorate the deplorable events that occurred in Memphis on May 1-3, 1866. As no position was adopted, just certain text, I can only provide my personal thoughts as to the text adopted at our February 2016 meeting and the reasons I voted for the same.

As a preliminary note, the members of the Tennessee Historical Commission are unpaid volunteers, appointed by the Governor, who are deemed to be knowledgeable about Tennessee history and do their best to serve the interests of the State with respect to historical matters. The Commission's familiar historical markers are perhaps the best known of our activities, although the Commission's role is much broader. Because the markers are meant to be authoritative, the members of the Commission spend a great deal of time examining the proposed language and the sources that support the language. The historical text on the marker bears the name of the “Tennessee Historical Commission” and the state’s unique three-star symbol, which demands a balanced and reasonable view of historical events. Editorializing, intemperate or strident language is usually disapproved. In particular, it has been my experience that the Commission tries to take the “long view” and not necessarily go with what is in vogue at the time a marker is erected, especially considering that markers can be expected to be viewed by the public for 50 years or longer. The facts, such as names, dates and events, should be stated, letting the reader judge the events as stated, and hopefully, encouraging further research and inquiry if the marker stokes an interest.

From my standpoint as an individual member of the Commission, there are three reasons that favor the marker as it was adopted at the commission’s meeting in February.

The first is the commonly known historical name of the event is the Memphis Race Riot of 1866. In May 1866, an officer of the Freedman’s Bureau transmitted to Maj. Gen. O. O. Howard, the Commissioner of that agency, a report of certain incidents in Memphis on May 1-3 of that year. The report was entitled: “Report of an investigation of the cause, origin, and results of the late riots in the city of Memphis.” In July 1866, the House “Select Committee on the Memphis Riots” published a report entitled “Memphis Riots and Massacres.” I freely concede there is no disputing the incident could fairly be characterized as a “massacre.” But right or wrong, since 1866 the incident has been overwhelmingly styled a “riot” in numerous scholarly books and articles. For example, an article...

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MALS

CORNER

MALS CONTINUES ITS MISSION OF PROVIDING EXECELLENCE IN LEGAL ADVOCACY FOR THOSE IN NEED

By HARRISON D. MCIVER III, EXECUTIVE DIRECTOR/CEO

At the end of each year, the MALS Board, staff and volunteers reflect upon the organization’s challenges and successes. In an effort to ensure transparency in our operations, we welcome every opportunity to communicate with our donors, supporters and stakeholders. The attorneys, paralegals, and other professionals who read this publication make up our largest constituent with whom we are excited to share our accomplishments.

Although securing funding for our programs is always a priority, MALS has excelled at utilizing finite resources to accomplish meaningful outcomes. As the largest provider of civil legal services to primarily low-income individuals in its service area, our firm has been adept at providing opportunities to the private bar to participate in pro bono and other volunteer activities. Legal professionals in Shelby, Fayette, Lauderdale and Tipton counties, through their volunteerism, complementing the work of our dedicated and talented staff have enabled us to assist thousands of clients that would otherwise go unrepresented without a robust private attorney involvement program.

During 2015, MALS has been involved in several pro bono initiatives including a faith-based summit at Christ United Methodist Church, the Alternative Spring Break pro bono outreach program with the University of Memphis Cecil C. Humphreys School of Law, and the Tennessee Bar Association’s (TBA’s) Corporate Counsel Pro Bono Initiative. MALS has also continued to co-host Saturday Legal Clinics with the Memphis Bar Association (MBA) and the Tipton County Bar Association. MALS and the MBA also sponsor the Courthouse Advice and Counsel Clinic near General Session Court in the Bailey Courthouse.

In addition, we continued to expand our capacity to serve special populations. The Supportive Services for Veteran Families (SSVF) program helped more than 130 veteran households gain housing stability. We also assisted those families with a number of legal issues including securing benefits to which they are entitled, addressing mortgage and landlord/tenant disputes, and resolving child custody and consumer issues.

MALS’ Partnership for Educational Advocacy and Parity (PEAP) program, funded with an Assisi Foundation grant, provides training to lay advocates in the areas of special education and disability law. One of MALS’ highest profile cases

originated from this program. Our attorneys successfully argued this case before the Sixth Circuit Court of Appeals.

Fair housing, foreclosure mitigation and landlord/tenant law are among the priority areas in the Memphis Fair Housing Center (MFHC). Attorneys in this practice unit provide representation to clients who are facing the loss of their homes and rental apartments. In two separate cases, MALS provided representation to two large groups of tenants who were being displaced from their respective apartment complexes. The staff worked tirelessly to interview affected families and attain legal remedies that would place them in the best position to maintain their housing or relocate in an orderly and less disruptive fashion. As the enforcement agency of the City of Memphis and Shelby County, the MFHC employs numerous advocacy tools to address discrimination but as a preventative strategy, provide education and outreach to landlords and tenants alike.

As a result of funds that have been allocated through the Tennessee Attorney General’s office, MALS will continue to dedicate itself to preserving families’ most valuable assets, their homes and places to live. MALS is a partner in two additional important resources in our community. MALS has two staffan attorney and paralegal, assigned full time in the Shelby County Family Safety Center, which is a one-stop location to address domestic violence and abuse. Similarly MALS has an attorney fully involved in the Plough Foundation initiate to eliminate elder abuse in our community.

MALS’ clients have also benefited from the presence of a financial coach. One of 25 organizations that was selected from an applicant pool of more than 100 to serve as a host site, the coach assists clients with establishing and attaining their financial goals.

Because MALS strives to be a good steward of its finances, the firm continues to receive unqualified (clean) audit opinions annually from its independent auditors The Legal Services Corporation (LSC), a chief funder of our services, conducted a comprehensive visit and affirmed that MALS’ operational standards, client legal assistance and representation, and programmatic integrity were of a high quality. Similarly, the LSC Office of Inspector General echoed a similar finding that MALS was one of the best fiscally- managed grantees in the country.

MALS was similarly excited to be a part of the collaboration that established the region’s first medical-legal partnership (MLP). The partnership of MALS, Methodist Le Bonheur Children’s Hospital, and the University of Memphis’ School of Law is focused on creating a continuum of medical, legal and case management services that assists patients in overcoming legal barriers that negatively impact their health. Memphis CHiLD debuted in September 2015...

To continue this article, visit memphisbar.org/newspublications/memphis-lawyer-magazine 23

Memphis Area Legal Services Thanks the Following Contributors to the 2015 Campaign for Equal Justice VISIONARIES Contributions of $25,000 or more

LEADERS Contributions from $400-$ 999

Gary E. Veazey, Esq. Geoffrey and Marci Hirsch George Petkoff, Esq. Andrew C. Branham, Esq. George S. Sullivan, Esq. Autumn B. Chastain, Esq. Glenn D. Everton, Esq. - In Mem. of Ben G. Sissman, Esq. - In Mem. of Hon. Hosea T. Lockard DIFFERENCE MAKERS Jim Mauier Firms of 2 or more contributing $350 or Greg D. Allen, Esq. Black McLaren Jones Ryland & more per attorney Gregory G. Fletcher, Esq. Griffee Harry A. Johnson III, Esq. Bass Berry & Sims PLC Boyd L. Rhodes, Jr., Esq. Henry P. Doggrell, Esq. - In Mem. of Bourland Heflin Alvarez Minor & Bradley E. Trammell, Esq. Mary L. Wolff, Esq. Matthews PLC Buckner P. Wellford, Esq. Hope Christian CommunityFoundation Burch Porter & Johnson PLLC Charles A. Brasfield, Esq. Howard & Delisa Eddings Fund Butler Snow LLP Charlie F. Morris, Sr. Howard B. Manis, Esq. Evans Petree PC Clayton C. Purdom, Esq. J. Michael Fletcher, Esq. Farris Bobango PLC Community Foundation of Greater J. Richard Buchignani, Esq. Ford & Harrison LLP Memphis J. Steven Anderson, Esq. Gatti Keltner Bienvenu & Montesi Daniel F. Case Jackson Lewis PC Harkavy Shainberg Kaplan & Donna K. Fisher, Esq. Jackson W. Moore, Esq. Dunstan PLC E. Franklin and Cynthia B. Childress Jacob A. Dickerson, Esq. Jackson Shields Yeiser & Holt Law Frank S. Cantrell. Esq. James B. Summers, Esq. Law Offices of David E. Caywood Godwin Morris Laurenzi & James T. Riordan Law Office of J. Houston Gordon Bloomfield James W. Curry, Esq. Law Offices of Ricky E. Wilkins Idlewild Presbyterian Church Janese Perry Lewis Thomason J. William Pierce, Jr. , Esq. Janiece J. Lee Littler Mendelson PC Jackie G. Prester, Esq. Jeff Weintraub, Esq. Jim Magids Cottam PLC James Moore and Lucia Gilliland Martin Tate Morrow & Marston PC James P. and Ellen J. Barry, Esq. Jimmy E. McElroy, Esq. Memphis Area Legal Services Inc. Jill M. Steinberg, Esq. Joe M. Kirsch, Esq. - In Mem. of Morgan & Morgan Jim R. Mulroy, Esq. James D. Causey, Esq. Morton & Germany PLLC John E. Kruger, Esq. John C. Pekar, Esq. Prochaska Quinn & Ferraro PC Kristine L. Roberts, Esq. John E. McManus, Esq. Rosenblum & Reisman PC Leitner Williams Dooley & Juni S. Ganguli, Esq. The Hunt Law Firm Napolitan PLLC Lenard Justin M. Ross, Esq. The Wharton Law Firm P. Hackel, Esq. Kasey A. Culbreath, Esq. Waller Lansden Dortch & Davis LLP Mark Vorder-Bruegge, Esq. Katherine B. Anderson, Esq. Wolff Ardis PC Mary C. Mayham, Esq. Kavita G. Shelat, Esq. Wyatt Tarrant & Combs LLP Matthew L. and Jodi E. Barron Keating C. Lowery, Esq. Mutual of America Kenneth P. Jones, Esq. ADVOCATES Rajiv Singh, Esq. Kevin J. Mencke, Esq. - In Mem. of Contributions from $5,000-$15,000 Robert L. Crawford, Esq. Mary L. Wolff, Esq. Ronald L. Coleman, Esq. Association for Women Attorneys Kimberly K. Schreiber, Esq. AutoZone Sarah L. Hall, Esq. Lauran G. Stimac, Esq. Glankler Brown PLLC Shannon L. Toon, Esq. Law Office of Kasey A. Culbreath PC Hon. Diane K. Vescovo and Mike Thad S. Rodda, Jr., Esq. Lenal Anderson, Jr., Esq. McLaren, Esq. Hon. David S. Kennedy - In Hon. of Linda Nettles Harris, Esq. International Paper Hon. W. Homer Drake, Jr. Lloyd C. and Ann Kirkland Mary L. Wolff, Esq. Hon. Donn and Faye Southern Lucie K. Brackin, Esq. Shepherd D. and Sandy W. Tate Hon. Kathleen N. Gomes Lynn A. Landau, Esq. Hon. Robert L. Childers M. Anderson and Pamela Cobb GUARDIANS Thomas and Kimbrough Mullins Contributions from $1000-$4999 Mark E. and Amy Pepke Thomas L. Parker, Esq. Marion Boyd, Jr., Esq. Alan G. Crone, Esq. W. Paul Tuberville, Esq. - In Mem. Marlinee C. Iverson, Esq. Alan L. & Susan M. Kosten of Mary L. Wolff, Esq. Mary Ann Jackson, Esq. - In Hon. of Alex & Debra Saharovich Whitney M. Harmon, Esq. Harrison D. McIver III, Esq. Alison B. Smith, Esq. William R. O'Connor, Esq. Mary L. Aronov, Esq. Amber G. Shaw, Esq. Mary M. Whitfield, Esq. Apperson Crump, PLC SUPPORTERS Matthew and Nina Thornton Ben C. and Kathy B. Adams, Jr. Contributions from $150-$399 Matthew S. Mulqueen, Esq. Ben F. Jones Bar Association Africa Gonzalez-McCloy Michael B. Neal, Esq. Corey B. and Mary W. Trotz Allen Summers Simpson Lillie & Paul I. Mendelson, Esq. Eugene J. Podesta Jr., Esq. Gresham PLLC Paul W. Brown, Esq. Harris Shelton Hanover Walsh PLLC Amber D. Floyd, Esq. Philip E. Mischke, Esq. Harrison D. McIver III, Esq. - In Mem. Ami P. and Mark V. Kelley Philip G. Kaminsky, Esq. of Clifford Stockton Sr., Frances L. Anna L. Phillips, Esq. R. Christopher Gilreath, Esq. McKenzie & Mary L. Wolff, Esq.; In Hon. of LaSandra A. Jefferson, Justice Annie T. Christoff, Esq. - In Hon. of Raymond and Tracie Webber Jo-An Hambick Reva M. Kriegel, Esq. Janice M. Holder & Lauryce McIver Ballin Ballin & Fishman PC Hon. Janice M. Holder Richard H. Allen, Esq. Barbara and Tim Cook Richard S. Goldaber, Esq. Jeffrey D. Germany, Esq. Brasfield & Associates LLC Rita L. Gibson Rayford, Esq. Jonathan C. Hancock, Esq. Brasfield & Brasfield Kathy and J.W. Gibson Foundation Robert and Geraldine Allen Brian E. Heim, Esq. Bruce Kevin N. Graham, Esq. Robert H. Harper, Esq. M. Kahn, Esq. Byron B. Lee J. Bloomfield, Esq. Robert L. Green, Esq. Winsett, III, Esq. C. Anne Littler Mendelson PC Robert Q. and Catherine M. Wilson Fritz, Esq. Lucian T. Pera, Esq. Robyn W. Diaz, Esq. Carl B. Ward, Esq. Max Shelton, Esq. Rodrick D. Holmes, Esq. Carl E. and Linda C. Seely, Esq. Memphis Bar Association - Probate & Rose M. Benson Estate Planning Section & Health Charles M. Key, Esq. Sam F. Cole, Jr., Esq. Cindy C. Ettingoff, Esq. Law Sara C. Brasfield, Esq. Courtney Lilly Michael and Sharon Goldstein Sharon L. Petty, Esq. Rep. Craig C. Fitzhugh Michael D. Kaplan, Esq. Shayla N. Purifoy, Esq. Cynthia J. Tobin, Esq. Paul H. and Mary Morris, Esq. Sheila J. Cunningham, Esq. David J. Brown, Esq. Priority Insurance Agency Shelvie S. Rose David L. Bearman, Esq. Randall Noel, Esq. Susan M. Callison, Esq. David W. Caywood, Esq. Rice Admunsen & Caperton PLLC T. Robert Abney, Esq. Dennis Norton Richard and Susan Glassman, Esq. Taurus M. Bailey, Esq. Devon L. Gosnell, Esq. Shea Moskovitz & McGhee PLC Hon. Daniel Breen Douglass M. and Elizabeth S. Alrutz Hon. George H. Brown, Jr. Spicer Rudstrom, PLLC The University of Memphis Foundation Earle J. Schwarz, Esq. Hon. George W. Emerson, Jr. Hon. J. Weber McCraw Timothy R. and John R. Holton, Esq. Edwin E. Wallis, Esq. Elizabeth B. Ziarko, Esq. Wanda B. Shea, Esq. Hon. Martha B. Brasfield Erin M. Shea, Esq. Hon. Robert A. Lanier Yuletide Office Solutions Eugenia R. McGown, Esq. Hon. Sheryl H. Lipman Frances L. Paulson, Esq. The Williams Law Firm Carl and Gail Schledwitz, Esq. Baker Donelson Bearman Caldwell & Berkowitz PC

Tillman Carroll, Esq. Timothy A. Beacham, Esq. Tipton County Bar Association William H.D. Fones, Jr., Esq. William L. Gibbons, Jr., Esq. William S. Solmson, Esq. William W. Dunlap, Jr., Esq.

FRIENDS

Contributions from $149 and below Adam H. Johnson, Esq. Adrienne Bailey Ahsaki E. Baptist, Esq. Alan J. Wade, Esq. Albert M. Phillips, Esq. Alexander W. and Karen L. Wellford Allison Wannamaker, Esq. Amelia N. Blanton, Esq. Amy Campbell, Esq. Andrew S. Deshazo, Esq. Angela Copeland Angela Wynn- In Mem. of Percy H. Harvey, Esq. Anidra Lomax, Esq. Annie Edwards Anita I. Lotz, Esq. Anna M. Vescovo, Esq. Anne B. Mathes, Esq. Anu Tanya, Esq. Arthur E. Quinn, Esq. Arthur Ray Law Offices Aubrey L. Brown, Jr., Esq. Balch & Bingham LLP Barbara Griffin Belinda Winston Beunca Jones Birdiana Erives Bradley E. Trammell, Esq. Bruce A. Ralston, Esq. Byron N. Brown IV, Esq. Carla Peacher-Ryan, Esq. Carlos A. Bibbs, Esq. Carolyn Mills Carolyn Somerville– In Mem. of Percy H. Harvey, Esq. Catherine Randolph Cathy Bellehumeur, Esq. Charles S. Blatteis, Esq. Chris Williams Christopher S. Williams Cindy Hazen Constance A. Alexander, Esq. Craig P. Barnes, Esq. Cuba Westbrooks Danny Van Horn, Esq. - In Mem. of Mary L. Wolff, Esq. David E. Burkhart, Esq. David M. and Mona E. Dunlap David S. Walker, Esq. Debbie Prather Denise S. McCrary, Esq. Donald W. Pemberto, Esq. Donna S. Harkness, Esq. Dora Holmes-Hare E. H. Morreim, Esq. Eboney Ingram Ware Edward Waugh Elizabeth Roane Eric A. McEnerney, Esq. Eric L. Elms, Esq. Eric Porter Felisa Cox, Esq. Frank and Lisa Primm Frankie E. Wade, Esq. Freda M. Turner, Esq. Garry M. Burgoyne, Esq. George and Jessica M. Thomas George W. and Debra L. Singleton Gladys Harvey Brock - In Mem. of Percy H. Harvey, Esq. Glenda Harvey - In Mem. of Percy Henderson Harvey, Esq. Gloria Woods Grady M. and Mary H. Garrison Holly Hazlett Idella C. Davis - In Mem. of Percy H. Harvey, Esq. Irvin L. Tankersley, Esq. Isabel Santoyo J. Barney Witherington, Esq. J. Frank Hall, Jr., Esq. Jack L. Payne, Jr., Esq. - In Mem. of Clifford Stockton, Sr. & In Hon. of

Norah and Mary Payne; Sell and Jessie Mae Jackson James A. Cohen, Esq. James B. Jalenak, Esq. James D. Gentry, Esq. James O. Parker, Esq. - In Hon. of Justice M. Janice Holder James R. and Melinda N. Williams Jana Snyder, Esq. Jeannie Kosciolek, Esq. Jessica A. and Charles C. Neal Jessica L. Indingaro, Esq. John L. Ryder, Esq. John R. Marek, Esq. Joseph Griffith Judy H. Self, Esq. Justin L. Bailey, Esq. Justin N. Joy, Esq. Justin Steele Karen A. and Steven J. Skretkowica Karen West Kelly Chism Kevin and Regina Yarbough Kimbrough Gregory, Esq. L Don Campbell, Jr., Esq. Laura K. Bible, Esq. Laura L. Deakins, Esq. Lauren Ezell Laurinda T. Ingram, Esq. - In Mem. of Mary L. Wolff, Esq. Law Office of M.O. Eckel III Leslie R. Isaacman, Esq. Lesley Glasper Lisa A. Lichterman, Esq. - In Mem. of Mary L. Wolff, Esq. Lodie V. Biggs, Esq. Rev. Dr. Louis-Charles Harvey- In Mem. of Percy H. Harvey, Esq. Lowell D. Friend Luke P. Cantrell, Esq. Lydia Walker Lynn Buhler, Esq. M. Jean Holbert, Esq. Marie Dodson Margo Germany, Esq. Marguerite McGowan, Esq. Maria Q. Wood, Esq. Marietta Harvey Collins, M.D. - In Mem. of Percy H. Harvey, Esq. Marilyn K. Dunavant, Esq. Matthew Jones, Esq. Matthew Lubozynski, Esq. - In Mem. of Mary L. Wolff, Esq. Megan E. Arthur, Esq. Melinda M. Russell, Esq. Michael and Robbie Weinberg - In Mem. of Mary L. Wolff, Esq. Michael B. and Elizabeth E. Chance Michael H. Wills, Esq. Michael Howard Michael K. Chapman, Esq. Michael T. Moore, Esq. Midsouth Process Mike and Beth Stengel, Esq. Milandria King, Esq. Mitzi C. Johnson, Esq. Ndidi Gbulie, Esq. Neil and Hannah Hills Nelson Jr. and Carole J. Freeburg Nena Faye Anderson, Esq. Nicholas L. Vescovo, Esq. Nina M. Hale Pamela Kubisiak Patriot Bank Dean Peter V. Letsou Phillip J. Maloney Prestar Bootfe Prince C. Chambliss, Esq. Raven Icaza Rebecca A. Springfield Rebecca Adelman, Esq. - In Mem. of Ben C. Adams, Sr. RedRover Sales & Marketing - In Mem. of Mary L. Wolff, Esq. Richard Joseph Leibovich, Esq. Richard R. and Christina C. Roberts Richard R. and Patricia W. Spore Robert C. Liddon, Esq. Robert E. Royal, Esq. Robert P. Blumenthal, Esq. Roy H. and Sherri T. Chockley - In Mem. of Mary L. Wolff, Esq. Ryan A. Strain, Esq. S. Kelly Robinson, Esq.

S. Newton Anderson, Esq. Samuel T. Ivy, Esq. Sandra Slaughter Sapna Raj, Esq. Sarah E. Black, Esq. Sarah E. Boren Sarah L. Pazar, Esq. Sarah Smith Scottie Wilkes, Esq. Sean Kelly Robinson Serena Jones Sharman K. Murley Sherrill S. Lemmi, Esq. Steven M. Dorius, Esq. - In Mem. of Jerome Wood Steven W. Fulgham, Esq. Stone Higgs & Drexler Sylvia Ford Brown, Esq. Teresa D. Jones, Esq. The Buhler Law Firm Hon. Chris B. Craft Hon. Dan H. Michael Hon. Donna M. Fields Hon. Joe H. Walker Hon. John R. McCarroll, Jr. Hon. Lyle Reid Hon. Paulette J. Delk Hon. William A. Peeler Hon. William D. Bond III Thomas Coupe, Esq. Thomas Semmes Thomas W. Reynolds, Esq. Tonnie Gordon W. Grady McDonald, Esq. W. Hickman Ewing, Jr., Esq. W.H. Ewing, Esq. Will and Ginny Bozeman William G. Whitman IV, Esq. William K. Self, Jr., Esq. William T. Terrell, Esq. Wilma Harvey - In Mem. of Percy Henderson Harvey, Esq. Zachary A. Kisber, Esq. Zachary B. Busey, Esq.

GRAY KNIGHTS Senior attorneys giving $100 or more Albert C. Harvey, Esq. Alexander W. Wellford, Esq. Allen S. Blair, Esq. Allen T. Malone, Esq. Blanchard E. Tual, Esq. Boyd L. Rhodes, Jr., Esq. Charles F. Newman, Esq. Clifford D Pierce, Jr., Esq. David M. Cook, Esq. Glen G. Reid, Jr. Esq. Fred M. Ridolphi, Jr. Esq. Henry L. Klein, Esq. James C. Warner, Esq. Jef Feibelman, Esq. Jim Gilliland, Esq. Joe M. Duncan, Esq. John McQuiston, Esq. Linda L. Holmes, Esq. Ruby R. Wharton, Esq. Scott F. May, Esq. Stephen H. Biller, Esq. Susan Callison, Esq. Thomas R. Dyer, Esq. W.J. “Mike” Cody, Esq. W. Rowlett Scott, Esq.

Donations made through The United Way may not be reflected here due to unavailability of contribution list.

Thank You for Your Commitment to Equal Access to Justice Visionary ($25,000 and up) Baker Donelson Bearman Caldwell & Berkowitz PC Difference Makers (at least $350 per firm attorney) Bass Berry & Sims PLC

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Morgan & Morgan

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Jackson Shields Yeiser & Holt

The Hunt Law Firm

Law Offices of David E. Caywood

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Experienced Lawyers On Demand н ĸ ĐŝĞŶƚ ƵƐŝŶĞƐƐ WƌŽĐĞƐƐ с YƵĂŶƟ Į ĂďůĞ ZĞƐƵůƚƐ ŽƵŶƐĞů KŶ Ăůů ƉƌŽǀŝĚĞƐ ĂŶ ŝŶŶŽǀĂƟ ǀĞ ĂůƚĞƌŶĂƟ ǀĞ ƚŽ ŽƵƌ ĐŽƌƉŽƌĂƚĞ ĐůŝĞŶƚƐ ĨŽƌ ŐĞƫ ŶŐ ůĞŐĂů ǁŽƌŬ ĚŽŶĞ ŝŶ Ă ĐŽƐƚͲĞĸ ĐŝĞŶƚ͕ Ğī ĞĐƟ ǀĞ ŵĂŶŶĞƌ ʹ ŽŶ Ɵ ŵĞ ĂŶĚ ŽŶ ďƵĚŐĞƚ͘ /Ŷ ϮϬϭϰ͕ ǁĞ ǁŽƌŬĞĚ ƚŽ ƐĂǀĞ ŽƵƌ ĐůŝĞŶƚƐ͕ ŝŶĐůƵĚŝŶŐ ϯϬй ŽĨ ƚŚĞ FORTUNE ϭϬϬ͕ ŵŽƌĞ ƚŚĂŶ ΨϮϱϬ million ŽŶ ƚŚĞŝƌ ŵĂƩ ĞƌƐ͘

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Patricia E. Adrian • John O. Alexander, IV • Megan Arthur • Marjorie S. Baker • John Bobango R. Scott Evans • Monice Hagler • William A. Jones • Barbara Robbins • Jack Shelton Elizabeth Stengel • David L. Swilley • Oscar L. Thomas • Patrick G. Walker Penina K. Wender • A C Wharton, Jr. MARJORIE S. BAKER and DAVID L. SWILLEY have been named partners in the law firm of Wyatt Tarrant & Combs, LLP. Both are on the law firm’s trust, estates and personal planning team. Baker practices in the areas of probate, trust administration and elder law and is a past chair of the MBA’s Probate & Estate Planning Section. Swilley practices in the areas of estate planning, taxation and business advisory issues. He is certified as an estate-planning specialist by the Estate Law Specialist Board and is a CPA. PATRICIA E. ADRIAN and PATRICK G. WALKER have become members of the law firm of Farris Bobango, PLC. Adrian's practice concentrates in the areas of commercial transactions, residential and commercial real estate, mergers and acquisitions, economic development and general corporate law. She obtained her Bachelor of Science in Business Management from the University of Alabama and Juris Doctor from the University of Memphis. She served on the Board of Directors of the MBA Young Lawyers Division in 2012 and 2014. Walker has acted as lead litigation counsel and supporting member of a litigation team advising diverse corporate and individual clients on complex contract disputes and intellectual property matters. In addition, he has obtained a number of trademarks for a variety of businesses. In addition, R. SCOTT EVANS and PENINA K. WENDER have become associates with the law firm. Both received their J.D. from the University of Memphis Cecil C. Humphreys School of Law. Evans’ practice focuses in commercial transactions, mergers and acquisitions and corporate law. Wender’s practice areas include corporate and commercial transactions.In addition, JOHN BOBANGO, chief manager/partner at the firm, has been named to the Memphis Development Foundation, the nonprofit organization that operates The Orpheum Theater and the Halloran Centre for Performing Arts & Education.

30

The law firm of Burch Porter & Johnson, PLLC is pleased to announce that WILLIAM A. JONES has become a member of the firm, effective January 1, 2016.

Jones’ practice focuses on taxation of corporations, partnerships, individuals and trusts and estates. Prior to joining the firm in 2013, he was a shareholder with Rosen Harwood in Tuscaloosa, Alabama. He received his Masters of Law in Taxation in 2001 from New York University, his J.D. in 2000 from the University of Alabama, and his Master of Public Administration in 1997 and B.S. in 1995 from Auburn University at Montgomery.

Jones currently serves on the Board of Directors for Orion Federal Credit Union.

BARBARA ROBBINS has been promoted to legal market manager at BankTennessee. She will continue her role as senior vice president and branch manager of the Downtown office. BankTennessee is a long-time sponsor of the Memphis Bar Association.

The Tennessee Supreme Court has appointed JOHN O. ALEXANDER, IV, a partner with Rainey Kizer Reviere & Bell, to serve a two-year term on the Commission on Continuing Legal Education. Before joining the firm, he served as a law clerk to Judge Holly M. Kirby of the Tennessee Court of Appeals, Western Section. His practice focuses primarily in the areas of medical malpractice, insurance defense, and insurance coverage.

MEGAN ARTHUR has joined the law firm of Evans Petree PC as a shareholder, where she practices in the areas of family/divorce and litigation. She earned her B.A. from Southern Methodist University and her J.D. from the Cecil C. Humphreys School of Law. She was elected last year to a three-year term on the MBA Board of Directors after having served three terms on the MBA Young Lawyers Division Board. She also is a past Chair of the MBA Family Law Section and is currently co-chair of the MBA CLE Committee.

MONICE HAGLER, a longtime Memphis lawyer who served as city attorney during the administrations of Mayors Dick Hackett and Willie Herenton, has founded a new law practice. The Hagler Law Group PLLC is focused on real estate-related economic development as well as small and minority business development.

During her career, she has served as lead counsel on the development of the city’s first major tax increment financing district and as counsel for redevelopment of major mixed-use developments, such as Uptown Memphis, University Place, Legends Park and McKinley Park.

OSCAR L. THOMAS has rejoined Bass Berry & Sims’s Memphis office as a member after serving as vice president of business affairs for MRI Interventions Inc., a medical device manufacturer based in Irvine, CA. He works with companies at various stages within the business life cycle, from startups to publicly traded companies and advises clients on mergers, acquisitions and dispositions, capital markets transactions, and joint ventures and strategic partnerships.

JACK SHELTON of Harris Shelton Hanover Walsh PLLC has been named to the West Tennessee District Export Council by the U.S. Secretary of Commerce for his international trade leadership and influence in Memphis. In this role, he will serve as a resource to U.S.

Patricia E. Adrian

R. Scott Evans

exporters, especially small and medium-sized enterprises in the area.

A C WHARTON, JR. has joined the Agape Child & Family Services Board of Directors. The former Memphis mayor is now the principal lead in The A C Wharton Group, a consultant firm providing strategic counseling to businesses, governments, nonprofits and philanthropic organizations.

ELIZABETH STENGEL, a shareholder in Evans Petree PC, has been selected as a Fellow of the American Bar Foundation.

MEMPHIS AREA LEGAL SERVICES, INC. announces its 2016 Board of Directors. Officers are Justin M. Ross - Board President, Sean A. Hunt - Board Vice-President, Clayton C. Purdon - Board Treasurer, and Rose Benson - Board Secretary. Returning members are Annie T. Christoff, Michael J. Fletcher, Thad Rodda, Amber G. Shaw, Andre C. Wharton, and Angela Copeland. New Members are Carlos A. Bibbs, Zanquishia Green, Keating Lowery, Contrina Luckett, Sarah H. Norton, LaVanderious Owens, Kristine L. Roberts, and Lauran Stimac.

Patrick G. Walker

Penina K. Wender

How to Place Your Announcement If you have moved, become a partner or associate, or received a promotion or an award, let us know. Talks, speeches, CLE presentations and political announcements are not accepted. In addition, we will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). They are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to knewsom@memphisbar.org.

Deadline to submit for our May/June Issue: May 15

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TENNESSEE CHAPTER Memphis Area Members recognized for Excellence in the field of Mediation or Arbitration

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Michael CODY (901) 524-5124

Fred COLLINS (731) 686-8355

David COOK (901) 525-8776

Trey JORDAN (901) 526-0606

Hayden LAIT (901) 527-1301

Jim LOCKARD (901) 523-2930

Minton MAYER (901) 312-1640

Jerry POTTER (901) 525-8776

Jocelyn WURZBURG (901) 684-1332

Check preferred available dates or schedule appointments online directly with the state’s top neutrals www.TennesseeMediators.org www.TennesseeMediators.org isis free, free, funded funded by by members members

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CLASSIFIED adver tisements

OFFICE SPACE

PROFESSIONAL SERVICES

DOWNTOWN LAW OFFICES—EXECUTIVE OFFICE CENTER AT PEABODY PLACE. 119 S. Main Street, Suite

ATTORNEY SHEREE L. HOFFMAN, ALL MEDIATION SERVICES— Tennessee Supreme Court Rule 31 Listed for

500, Memphis, TN 38103. Our lease terms are flexible allowing you to rent by the hour, day, month or year.

All the services that you need are available including: administrative/secretarial service, T1 high-speed Internet access, notary, telephone service, furniture, information technology services/consulting and conference rooms.

The executive suite concept allows you to do business in a cooperative environment without having fixed monthly overhead, by eliminating the distractions and time-consuming business decisions such as office administration and equipment leases. If you want to create a professional appearance for your business, but you are not ready to lease an office, take a look at our business identity packages. For as little as $150 per month you can have the appearance of a professional office.

Contact Beverly Johnson, 901.312.5500, beverly@ executiveofficecenter.com.

OFFICE SPACE. 2157 Madison Two-office suite available

in highly visible, conveniently located building adjacent to Overton Square. Other solo and small law firms in building. Plenty of parking, shared reception, conference room printer/copier/fax/internet, kitchen. www. memphisexecsuite.com Sharon Younger 901-276-9323

LAW OFFICE SPACE AVAILABLE. 1850 Poplar Crest Cove

#200. 2-3 offices available with amenities: 24/7 access; (2) conference rooms; well-appointed lobby; kitchen/ break room; copy/fax machines; telephone; fax; Internet.

Share space with 5 other independents as a small firm or solo practitioner. Monthly cost: $950/office. Tarry tarry@beasleylawfirm.org, Sandy sandy@beasleylawfirm. org or call 901.682.8000.

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Civil and Family Law Mediations. Will travel to Counties adjacent to Shelby County. www.memphisdivorcehelp. com. 901.754.9994.

FORENSIC

PSYCHOLOGICAL

CONSULTATIONS.

Competency, criminal responsibility, personal injury, and child custody. Attorney consultations and expert witness services. F.A. Steinberg, Ph.D., FACFP, 532 Monteigne Blvd., Memphis, TN 38103. Board certified fellow in forensic psychology. 901.527.3737.

JAMES E. BINGHAM, MEDIATION AND ARBITRATION. 25 years’ litigation experience in business, domestic, and probate. Rule 31 listed. 901.525.8601.

GLENDA MOORE, RN, CERTIFIED LEGAL NURSE CONSULTANT. Over 30 years of nursing experience in

critical care and med-surgical nursing. The most costeffective Medical Expertise available on your side. Call for a FREE initial consultation. www.glendamooreclnc. com 901.626.9490.

ATTORNEYS/LAW CLERKS LOOKING ATTORNEY?

FOR A LAW CLERK OR AN ASSOCIATE

The University of Memphis School of Law has great students and graduates, and we can help you with your employment career needs. Contact Career Services Office with your job listing or to schedule an on-campus interview. 901.678.3217. No charge for our services.

SR. DIRECTOR OF BUSINESS AFFAIRS Broadcast Music, Inc. (BMI) seeks a Sr. Director of Business Affairs in Nashville, TN to provide legal support for the general licensing division. This role will support licensing negotiations and prepare and review license agreements and amendments. This position requires a strong knowledge of copyright law, a J.D. and eight years of relevant experience. Interested candidates should apply via www.bmi.com/jobs for immediate consideration.

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The Bank for the Legal Community PROUD PARTNER OF THE MEMPHIS BAR ASSOCIATION SINCE 2006

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30 North Second at Court Square

901.316.2186

www.banktennessee.com

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MEMBER FDIC

The Magazine of the Memphis Bar Association 145 Court Avenue #300 Memphis, TN 38103 www.memphisbar.org

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