ML 2024 Volume 41 Issue 4

the magazine of the Memphis Bar Association | Volume 41 • Issue 4 • 2024

WHAT’S IN A LEGACY? JUDGE CAROLYN BLACKETT IN CONVERSATION WITH KAMILAH TURNER THIS ISSUE:

Memphis Area Legal Services, Inc. Continues to Provide Excellence in Legal Advocacy for Those in Need and Needs Your Support Judge Carlyn L. Addison Discusses the Memphis Bar Association’s Summer Law Intern Program (SLIP)

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Volume 41 • Issue 4 • 2024

FEATURES 6

150 Years of Progress

BY MARY ANN UPCHURCH

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What’s in a Legacy?

JUDGE CAROLYN BLACKETT IN CONVERSATION WITH KAMILAH TURNER

22 Memphis Area Legal Services, Inc. Continues to Provide Excellence

in Legal Advocacy for Those in Need and Needs Your Support

BY NICOLE M. GRIDA

24

2024 Annual Meeting Recap

26 Judge Carlyn L. Addison Discusses the Memphis Bar Association’s

Summer Law Intern Program (SLIP)

IN CONVERSATION WITH HER DEAR FRIEND AND COLLEAGUE, RETIRED JUVENILE COURT MAGISTRATE, TERRE J. FRATESI

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YLD Annual Meeting Recap

COLUMNS 5 President's Column

BY ADAM JOHNSON

18 Court Report: United States District Court

for the Western District of Tennessee

31 Court Report: Shelby County Circuit Court

BY STEPHEN LEFFLER

34 CLC Corner: A Journey of Gratitude and Giving:

My Story with the Community Legal Center

BY BETSY PRENDERGAST

36 The Bankruptcy Court in West Tennessee

BY CHIEF U.S. BANKRUPTCY JUDGE JENNIE D. LATTA, J.D., PH.D.

40–41 Bar Scene 42

People in the News

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2024 MBA Officers

MEMPHIS LAWYER the magazine of the Memphis Bar Association

Memphis Bar Association Publications Committee Audrey Calkins, Chair Terre Fratesi, Vice Chair Nicole M. Grida Maureen Holland

The Memphis Lawyer is a quarterly publication of the Memphis Bar Association, Inc. with a circulation of 2,000. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact info@memphisbar.org. The MBA reserves the right to reject any advertisement or article submitted for publication.

Adam Johnson President Nahon, Saharovich & Trotz

Jennifer Sink Past President MLGW

Abigail Webb Sala Hon. Zayid Saleem Joseph Smith Maggie Stringer Quinton Thompson Councilwoman Janika White

AWA Representative Eliza Jones

Section Representatives Laurie Christensen Anne Davis Thomas Greer Chasity Grice Dan Norwood Toni Parker

NBA Representative Carlissa Shaw

Law School Representative Regina Hillman

YLD President Jeffrey Moore

MBA STAFF

Executive Director

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Marlinee Iverson Secretary/Treasurer Shelby County Attorney's Office

2024 Board of Directors Donald Babineaux Taurus Bailey Preston Battle Audrey Calkins Amber Floyd Malcolm Futhey III Jack Heflin Justin Joy Lani Lester Matt May Joseph McKinney Hon. Danielle Mitchell Ruchee Patel Will Perry

Mary Ann Upchurch

The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 www.memphisbar.org

Lauran Stimac Vice President Glassman, Wyatt, Tuttle & Cox

Jan Reisman

Membership & CLE Director

Kelly Swan

Communications Director

Lauren Gooch Project Manager

PRESIDENT'S COLUMN

BY ADAM JOHNSON, MBA 2024 PRESIDENT

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024 was quite the year for the MBA. We’ve dealt with setbacks, like losing two judgeships (for now), and we’ve enjoyed successes (I hope everyone made it to the 150th Gala – the exhibit runs through February at MoSH/the Pink Palace). But through it all, I must say that your Board rose to the challenge and helped make 2024 a successful year. To them, I say thank you. It really was a treat to watch everyone work and come together last year.

Mary Ann Upchurch made my job significantly easier. She is organized, creative, curious, and honest. She has put the MBA on very strong ground, and we are very lucky to have her. The whole staff did an amazing job this year – Kelly Swan, Lauren Gooch, Maury Tower, and Jan Reisman. Thank you all for your hard work.

Before I leave you, let me say that it has been an honor to serve as President of the MBA for 2024. Yes, it is a busy undertaking, but I can honestly say I have loved every minute of it. It has been one of the most rewarding experiences of my career. For the young lawyers reading this, please get involved and consider running for the YLD Board. I can promise you it is a rewarding experience, and who knows where it may lead you?

Lastly, the MBA is in excellent hands with incoming President Lauran Stimac. She is supremely organized, a phenomenal planner, and an outstanding listener. She will be a fantastic steward for the MBA, and I have no doubt that 2025 will be even better for the organization than 2024. And in the words of Garrison Keillor, “Be well, do good work, and keep in touch.” 

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150 Years of Progress

BY MARY ANN UPCHURCH

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n December 2, 2021, current Memphis Bar Association President Adam Johnson was announced as the incoming Secretary/Treasurer at the Annual Meeting. That day, I looked at Adam and said, “Did you know when you are President in 2024, it will be our 150th anniversary? We need to make big plans.” President Johnson did just that.

In 1874, seventy-five lawyers registered a charter for “The Memphis Bar & Library Association,” four years before the American Bar Association was formed.

The MBA’s achievements over the last 150 years are overwhelming and almost inconceivable to acknowledge, so the MBA 150th planning committee had a lot of material to work with. We began with a meeting among several of the MBA Past Presidents, YLD Past Presidents, current leadership, local historians, and key stakeholders, who shared numerous ideas about how we could celebrate this monumental year. But one sentiment was clear: the celebration should have two focuses: our progress made to date and our path moving forward.

Ideas evolved into four key components: a legacy CLE series, an exhibition at the Memphis Museum of Science and History (MoSH), the inauguration of our podcast, “MBA Bar Talks,” and a grand and celebratory event to conclude the year.

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CLE Legacy Series

The first seminar featured “Tales of the Shelby County Courthouse” by Shelby County Historian Jimmy Rout.

The courthouse at 140 Adams is a stunning example of architecture constructed from Bedford limestone.

Visitors can observe detailed carvings, grand staircases, an array of sculptures, and a myriad of paintings. One of the most significant features is the entrance to the building, which is guarded by statues representing law, justice, power, and wisdom. The courthouse has played supporting roles in a number of films such as Great Balls of Fire!, The Firm, Silence of the Lambs, and others. Did you know an underground tunnel helps connect county buildings? (It’s currently sealed so don’t start searching aimlessly!) Another fun fact, above the north entrance on Washington Avenue are six double life-sized figures: Prudence, Courage, Integrity, Learning, Mercy, and 6

Temperance. Integrity has been beheaded twice.

In honor of pro bono month, Justices Holly Kirby and Janice Holder, along with pro bono extraordinaire and MBA Past President Linda Seely, focused on the MBA’s legacy with pro bono initiatives. Our Access to Justice Chair, Constance Brown, helped moderate the discussion around the establishment of the Access to Justice Commission, significant barriers, collaborative efforts, and most importantly, how to ensure that underserved communities have equitable legal resources.

Thanks to many trailblazers along the way, the infrastructure is in place. But its continued success needs attorney volunteers. Join us at our Second Saturday Legal Advice Clinic at the public library or find other clinics HERE. We always need your help.

Just two days before Halloween, the MBA held a CLE walking tour at the historic Elmwood Cemetery, where attendees learned about fascinating stories behind Elmwood’s attorneys-in-residence and their impact on Memphis history. This was one of the most unique and well-attended CLEs. We visited the gravesites of the Honorable Russell B. Sugarmon, Jr., the Honorable Benjamin L. Hooks, the first female attorney in Tennessee, and the first African American attorney in Tennessee.

Attendees had a keen interest in Memphis’ oldest active cemetery and its residents.

Finally, nearly 100 people attended the grand opening of our MoSH exhibit to hear stories from legal greats Walter Bailey, Charlie Newman, Mayor AC Wharton, and Judge Rhynette Hurd. Each shared highlights from significant cases that changed the course of history, such as Northcross v. Board of Education, Greene v. City of Memphis, Garner v. Tennessee, and Citizens to Preserve Overton Park, among others. We could not think of a better CLE than to highlight these trailblazers on the official opening day of our exhibit.

II. Museum of Science & History Exhibit

The Museum of Science and History (MoSH) graciously offered us the opportunity to create an exhibit honoring our 150 years of progress. The exhibit took months of planning, research, and discovery. On

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August 15, 2025, our exhibit was revealed: “All Rise – Memphis Bar Association at 150.” It offers a unique opportunity to explore the legal history of Memphis that has been at the center of many critical courtroom decisions. Highlights include trailblazers, changemakers, and many of our MBA members and their family members.

The exhibit highlighted seventeen landmark cases, everything from advocating for civil rights to protecting the environment. Displays also educate the community on knowing your rights and on understanding the court system. Added entertainment includes a focus on weird laws in Tennessee.

The most difficult task was narrowing down the list to just seventeen landmark cases. Each piece has a story so much deeper than what is written on the walls. For example, I had the pleasure of escorting Ms. Deborah Northcross to observe the showcase of “Northcross v. Board of Education of Memphis City Schools.” It was emotional. I cannot begin to imagine what she and so many others have endured. It’s a kind of bravery I will never comprehend, but I remain overwhelmed by their courage.

I would like to give special thanks to the Honorable Robert A. Lanier. His book The History of the Memphis & Shelby County Bar was invaluable. I wonder if, when Leo Bearman, Jr. asked him to produce this historical rendering back in 1979, he could have predicted the valuable resource it continues to be and the service it has provided to the MBA since its publication.

George Whitworth was also a notable contributor to the development of the MoSH exhibition. Beyond his historical knowledge, he also loaned several items to the museum. Past presidents and key stakeholders helped determine the major landmark cases to be highlighted.

Our current officers, Past President Jennifer Sink, President Adam Johnson, Vice President Lauran Stimac, and Secretary/Treasurer Marlinee Iverson helped us overcome hurdles and contributed valuable time and effort to see the exhibit through to fruition. If you haven’t already, please make time to go visit the exhibit before the end of March 2025.

Adam Johnson and Attorney Councilwoman Janika White for our “Legal Legend Series.”

First up, MBA changemaker, past president, author, and current assistant city attorney Prince Chambliss shares highlights and an in-depth account of his childhood during the Civil Rights Era in Birmingham, Alabama; his education experiences in the Northeast; and the cases that shaped his path as an attorney and his passion for law. Our next featured guest will be former Tennessee Supreme Court Justice Janice Holder. More topics and guests are on the way. Don’t miss out – press play now and join the conversation.

IV. 150th Anniversary Celebration Event

Experiencing a sesquicentennial is a once-in-alifetime event. Chairperson, Judge Annie Christoff and fellow committee members didn’t want to produce the typical MBA event full of speeches, PowerPoints, and structured agendas—even though those things have their time and place (and we do have some great meetings)!

We wanted to create a party, an experience, and a night

III. MBA Podcast “MBA Bar Talks”

Ready to dive into more MBA history and conversations? Start listening to our podcast today.

Whether you’re commuting, working out, or just unwinding, tune in to fuel your mind and enrich your day. Expand your knowledge, be entertained, and stay informed on the go. Join podcast hosts MBA President 8

Pictured at the MBA 150th exhibit, Deborah Northcross stands next to the 1973 landmark case she was involved with as an elementary school student. In Northcross v.

Board of Education of Memphis City Schools, Deborah and others challenged the discriminatory zoning practices of MCS in federal court.

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It was a proud moment for the MBA. The Pink Palace Mansion was packed. The MBA has evolved into the most diverse membership yet. Attendees represented all ages, races, gender, practice areas, firm sizes, and public interest groups. Progress. Are we still learning, do we still have opportunities, and do we still make mistakes? Yes. But our Board of Directors and leaders are determined to continue the course to represent ALL attorneys in Memphis and the surrounding area.  --------------------

150th Anniversary Celebration Chair Magistrate Judge Annie Christoff; MBA Executive Director Mary Ann Upchurch; and MBA Vice President Lauran Stimac

to create new friendships, rekindle camaraderie, and showcase our legal community.

You can’t beat a red-carpet entrance served with champagne and listening to the amazing “Bridgertonlike” violinist, Journey Hogan. The food was incredible and beautifully displayed by Paradox Catering. The bars were fully stocked, and the signature drinks “Hearsay” and “Burden (Bourbon) of Proof ” were a hit. 360-degree videos made everyone look like movie stars. The caricatures were hilarious and really captured the spirit of the night. The Soul Shockers had the best music. And all the attendees were “glowing” when they danced the night away--literally.

Attendees also had the opportunity to walk down to the exhibit for another viewing. Our sponsors gave generously to make this night happen. Our Legacy Benefactors were the VIPs. And the guests made the night spectacular.

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Thank you for helping us make this a monumental year at the MBA. While most membership organizations are declining, the MBA has been experiencing a continuous increase in membership for several years.

This movement reflects the power and strength of our legal community. If you are not part of the MBA, now is the time. Join us! We look forward to working with you over the next 150 years.

Mary Ann Upchurch was appointed as the Executive Director of the Memphis Bar Association in 2021.

She has over 28 years of experience in nonprofit leadership. With extensive experience in revenue generating initiatives, large scale budgeting, volunteer engagement, training and professional development, marketing, and results-driven outcomes, she brings a refreshed perspective to the growth and focus of the MBA. Mary Ann is a native of West Tennessee.

She attended the University of Tennessee at Martin receiving a Bachelor of Arts in Communications and Public Relations. Mary Ann resides in Collierville with her husband, Lee, and her 3 sons, Seth (23), Noah (21), and Ethan (15).

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What’s in a Legacy?

JUDGE CAROLYN BLACKETT IN CONVERSATION WITH KAMILAH TURNER

Can you talk about how you became the first black woman criminal court judge in Tennessee?

It was 1994, and there were only two other black women judges in Shelby County: Judge Ernestine Hunt Dorse (City Court) and Judge Bernice Donald (at the time in General Sessions Court). I had never thought about being a judge. Even though I very much admired what they were doing, I had never thought about it as a career for myself.

I was a senior corporate attorney at Federal Express Corporation working as the Southern Regional Corporate Lobbyist for all of the Southern states. I was very involved in legislation and policy-making for the company and the various Southern states. That’s why it was interesting when I got the call from the governor about becoming a judge. It wasn’t something I was seeking. I wasn’t asking people to put in a word for me. I was honestly very surprised.

How did your name get on Governor McWhirter’s radar?

I'm sure there was a recommendation from some of the legislators. I'm not going to say it just happened right out of the sky or anything like that, but I don’t really know where the idea originated from in Nashville.

I do know that I was very involved as a lobbyist on the hill in Nashville and worked closely with members of the Shelby County delegation and the Black Caucus. At that time, State Representative Lois DeBerry was Speaker Pro Tem. I had very good relationships with her, and really with all the state legislators, both Republicans and Democrats, especially with those in East Tennessee.

As a lobbyist, I quickly learned the importance of relationships. I remember having lunch with Lieutenant Governor John Wilder in Somerville and regular dinner and visits with the Speaker of the House of Representatives, Jim Na. I went to Governor Ned McWhirter’s house for dinner as well as for meetings. I knew everyone.

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What made you consider it? Was there hesitation because your background was corporate law and not criminal law?

I thought and prayed about it very hard and asked God for guidance and to “order my days.” I thought about what it meant for Shelby County and for the state of Tennessee to have a black woman as the first state court Criminal Court Judge.

I remember getting calls from Judge Otis Higgs, Judge Odell Horton, and Judge H.T. Lockhart. They were all very supportive. Dr. Ben Hooks told me to go for it. He shared his own experience with being the first black Criminal Court Judge in Tennessee. Judge Higgs told me that I could learn criminal law just like I learned everything else. Tennessee Supreme Court Justice A.A. Birch became a very close mentor to me. Sometimes, I would pick up the phone to tell him about something that was bothering me, and he would tell me that he’s felt the same way a hundred times, but to keep pushing.

All of their support meant a great deal to me and was a blessing.

Some people thought that I wasn’t deserving because I didn’t have much criminal law experience. I had worked only in corporations or large law firms. I had handled a few criminal cases while at the Waring Cox law firm, but my background had been corporate, transactions, SEC, real estate, contracts, and commercial law. That was an issue for some people.

I was used to accepting challenges, however. I was the first black Senior Class President at IC (Immaculate Conception) High School. I went to Brown University at a time when there were still very few black students and was extremely active at Brown and the other Ivy League schools. I had become one of the first registered black corporate lobbyists in Tennessee.

My parents really helped me make the final decision.

My mom said, “You’re smart. You’ve always been smart.

You’ve succeeded in everything you’ve ever done in life.

Why can’t you do this?” She reminded me that it would be difficult, but that she and my daddy would be right behind me. And that was all I needed to hear.

Why has it been so important for you to open doors for other women? I remember attending gatherings at your home with other women in the legal profession.

That was my opportunity to give back. It was about me letting women in law know that there are so many opportunities out there for them--not just as a judge, but endless opportunities. Two young women I have mentored have left Memphis and are excelling in different legal professions. One is in Hawaii and became the first Black judge on Maui, and the other one is in Chicago and is currently Assistant General Counsel for Chicago’s police association.

Overall, I’m very impressed with the young people I see today. They’re extremely smart, and they’ve got so much energy.

When I retire, I would love to invite women in the legal profession one Sunday a month to my house to sit down and just talk about what it’s like being in law and how they can make their dreams come true. Nothing is impossible.

I look at my family. My grandfather couldn't even read or write. He had lots of land and livestock in Tennessee, but when he sold them, he had to make an “X” because he couldn’t write his name.

That’s just one generation away from me. My mother was the first person in her family to graduate from college.

She went on to get a Master’s Degree from Tennessee State University. When I went to Brown, there were so many people from the East coast who had great-grandfathers who had gone to Ivy League institutions. That wasn’t my story. I vowed to create a legacy for my family.

My father took a job as a truck driver when my parents moved to Memphis from Nashville, and he had to eat inside his truck because he wasn’t allowed in the all-white lunchroom—just like the sanitation workers in Memphis. That was something that brought tears to my eyes and his eyes too because he didn't tell me that until six months before he died. He made that sacrifice so his children could have a better life.

Hopefully, somebody younger than me will not have to go through the same things I’ve endured because I’ve already done that and passed on the lesson.

Why did you come back to Memphis? You graduated from Brown and then law school at St. Louis University. You could have gone to any city.

I had so many options. I had already decided that when I graduated, I wasn’t coming back to Memphis. I already had a corporate job at Philip Morris in New York, and I got an offer from Sony Corporation in Los Angeles, which at that time was a recording company. I didn't take that job. Sometimes, I look back and wonder what would've happened had I gone out there because Sony ended up being a huge conglomeration of companies.

At that time, I was married to a doctor, and his residency was here in Memphis. We were often compared to The Huxtables because it was 1982.

My husband and I made a deal that we would move back to Memphis only long enough for him to finish his residency. I would take the Tennessee bar exam, and when he finished his residency, I would choose where I wanted to go, and he would go with me.

That deal did not work out, and ultimately neither did the marriage. So here we are, almost forty years later, and I’m still in Memphis. I have no regrets, though.

Why have you chosen to continue your education?

I recently got a master’s degree at Memphis Theological Seminary in Theology (magna cum laude!), and now I’m a May 2025 candidate for my doctorate in Social Justice from Memphis Theological Seminar. I decided to go back to school to explore the other side of the justice system because I started to see what looked like a revolving door for so many victims and defendants.

There was a man in my courtroom testifying for his great-great-grandson to get probation. He said to me, “Do you remember me, Judge Blackett? You put me in jail in 1994. I told my grandson you’re a good and fair judge.” I should have been flattered, but I was disappointed.

We’re not supposed to have three generations of people coming through the justice system. I started looking for answers somewhere else because I started feeling like I wasn’t making a big difference in this community.

When people are desperate and they don't have adequate jobs, food, education, and housing, we can expect crime to increase in huge numbers. We, as a society, owe them the opportunity to achieve something greater than a job at a fast-food restaurant to support their family.

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How do judges help the justice system work?

I think the best thing that a good judge can do is to listen, be objective, be fair, and pay close attention to the facts and be as much of a part of the legal process as possible. If a lawyer brings up a case or brings up law that I’m not familiar with, I have an obligation and a duty to do research to make sure that all parties are well acquainted with the law.

Many people see the courtroom, and it's cloaked in this veil of mystery, but they don't really understand how it works. All they know is that they hear stories about how people go in and then they never come back.

I educate people in my courtroom. I make sure everyone who is eligible for diversion knows about it. I make sure they know that they may be able to get a fresh start (or get their record erased in certain cases). I often go to schools and speak or read to classes and speak at graduations. Classes from the law school are invited to observe proceedings in my court.

Justice is making sure that people are treated fairly, that their rights are protected, that they are treated in such a way that when they walk out of the courtroom— even if it’s not the decision that they wanted it to be— they feel like they were given a chance to say what they needed to say and that they have had their day in court.

A bill recently passed eliminating two judicial seats in Shelby County, including one in Criminal Court.

Have you seen any changes since that happened?

I will put it this way: as a result of us no longer having that seat in criminal court, all of the judges were required to take a portion of cases from that courtroom, which created a huge caseload. Many of those cases needed to be tried, so that added to everybody’s regular docket.

I do not mind the extra work, and I want to make sure people do not experience delay in justice. It's all about justice. You want to make sure that every person that comes through your courtroom leaves out feeling like justice was served. Each case deserves the legal system’s full attention.

I was Presiding Judge last year when the General Assembly removed two judicial seats from Shelby County, and everyone has worked extremely hard not to have “justice delayed” for any reason. We work longer and harder, but we’re getting the work done. If I have to stay a little later or have to come in and do something a little bit earlier, I'm going to do that. I don't want a victim out there suffering that doesn't have to suffer, and 14

I don't want any defendant in jail that may be innocent just sitting there because I can't get to the case.

What advice do you have for young lawyers or people that are interested in becoming lawyers?

There is no substitute for preparation. It doesn’t matter how small or insignificant you think the case may be. It's somebody's life and well-being that you're dealing with, and preparing for that case is one of the most important things you can do. It hurts me sometimes when I see attorneys come in and just not pay attention to the details of the case and not be prepared.

Meet as many people as possible and explore as many opportunities as possible. There isn't one industry that doesn't need a legal mind or a legal advisor. We know about divorce lawyers, criminal lawyers, business lawyers, etc., but NASA needs lawyers, people who are doing climate change, they need lawyers. There are so many more other opportunities than when I went to law school.

Keep learning. I said that if I ever got to the point that I was completely bored with the job, that I didn't want to learn anything else about law, it was time for me to go. I continue to go to seminars, classes, and pursue other degrees to enrich my legal experience.

When I was at Waring Cox, I remember Mr. Roane Waring, who started the firm, telling me that a sign of a good lawyer was one who was always willing to learn, never telling themselves that they knew everything. I've always remembered that.

Young lawyers could learn so much from older lawyers because there's no need to reinvent the wheel.

If I skid on the concrete and all the skin comes off my nose, there’s no reason for five people to follow. If you just come talk to me, I’ll try to make sure that doesn't happen to you.

How do you create a separation from work and your personal life? The stress factors are high for a criminal court judge.

The verdicts you get are not the verdicts that you expect all the time. I’ve heard some things that you would never imagine that any human being would ever do to another human being. These are the stories that people definitely do not want to hear about at cocktail parties!

You must learn some way to understand that while you are one hundred percent involved in court, you have to leave it there. The stress will kill you.

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At first, I had my kids, and they were extremely busy and demanding. They were at MUS (Memphis University School) and Lausanne Collegiate School, and I was on the Board of Trustees at Lausanne and very involved.

Then they graduated, left home for college, and didn’t return from Boston and Atlanta.

I ran half marathons for several years until my knee started bothering me. Boxing and lifting weights have been great stress relievers. I love to read, design, travel, and cook. I can’t wait until I have more time to do new projects.

I also love fast sports cars. I belong to a car club here, and it's great because we don’t talk about the law; we talk about cars. I also enjoy driving my Jeep Wrangler with no doors!

Right now, I’m usually resting on the weekends, but I can hardly wait to retire so I can ride out with the Porsche Sports car club on a Saturday morning and drive to Georgia, East Tennessee, or Arkansas with all the cars lined up together, spend the night somewhere, and keep going.

I also have four grandchildren, a set of identical twins and a little boy (age 8) and a little girl (age 9).

They think I work all the time. When they FaceTime me, I’m usually in my office working. I’m looking forward to spending more time with them and letting them know that “Dutch” does know how to make cookies!

What do you have planned for the years ahead?

I can tell you that I certainly don’t plan to die on the bench; sitting up there doing a guilty plea and just up and drop dead? No thanks! But my next chapter is totally God’s purpose. God just has shown me that whatever it is, it's going to be something that allows me to touch a lot of people and be a positive influence.

I love the quote by Dr. King, “The arc of the moral universe is long, but it bends towards justice.”

I have not and will not accomplish everything that I set out to accomplish in this job, but as long as that moral arc bends towards justice, I’m satisfied. When you feel like everyone is against you, it's what you do at that point. That’s when you stand on what you believe.

Everything that I've been through has come full circle.

There are things that people have said, written, and done, that I will never forget. It hurts, but it has all come full circle because so many women have come to me and said that they watched me handle difficult situations and 16

were inspired by my courage. I never knew anybody was paying attention.

Another quote by Dr. King that has always inspired me is, “The ultimate test of a man or woman is not where he or she stands in the moments of comfort and convenience, but where he or she stands at times of challenge and controversy.” I have found that it's when I’m challenged and I’m in the midst of controversy that everybody expects me to fold, but that is when I am at my best!  Attorney Kamilah E. Turner practices criminal and juvenile defense in Memphis. She has written and lectured extensively on legal topics including mass incarceration, opportunities for ex-felons, and restorative justice. She has won numerous trial advocacy awards, including the “Outstanding Defense of The Indigent” award from the Tennessee Association of Criminal Defense Lawyers (TACDL). Ms. Turner sits on numerous boards and is a founding member of Shades of Justice, an organization dedicated to eliminating barriers to legal careers for African American women.

She is currently working to create a Tennessee law requiring the presence of an attorney or parent when minor children are questioned regarding criminal conduct. Ms. Turner was a producer of the awardwinning documentary short film “What We’ll Never Know,” which tells the story of O’Shay Sims, one of her teenage clients who gave a false confession to a murder.

Ms. Turner earned a B.A. Magna Cum Laude from Xavier University of Louisiana in 1999 and a J.D. from the Cecil C. Humphreys School of Law at the University of Memphis in 2001.

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COURT REPORT

UNITED STATES DISTRICT COURT for the Western District of Tennessee covers jury and bench trials from July 1, 2024-December 31, 2024 DISTRICT JUDGE S. THOMAS ANDERSON USA v. Joe Louis Mitchell, No. 23-10037 Trial from July 8-9, 2024 Attorneys for Prosecution: Adam Davis and Immanuel Chioco Attorneys for Defendant: Jennifer D. Free • Charges in Indictment: One count of unlawful possession of a firearm by a convicted felon.

• Verdict: Not guilty.

USA v. Michael Wayne Bailey, No. 22-10062 Trial from September 4-6, 2024 Attorneys for Prosecution: Christie Hopper and Immanuel Chioco Attorney for Defendant: David W. Camp • Charges in Indictment: Count 1 charged conspiracy to possess with the intent to distribute 50 grams or more of actual methamphetamine, and Count 2 charged conspiracy to possess with the intent to distribute 40 grams or more of a mixture containing a detectable amount of fentanyl.

• Verdict: Guilty on Counts 1 and 2.

DISTRICT JUDGE J. DANIEL BREEN USA v. Deandre Lyn Pickering, No. 22-10088 Trial from September 9-11, 2024 Attorneys for Prosecution: Josh Morrow and Christie Hopper Attorney for Defendant: Alexander David Camp • Charges in Indictment: One count of unlawful possession of a firearm by a convicted felon.

• Verdict: Guilty.

DISTRICT JUDGE JOHN T. FOWLKES, JR. Ashley Henderson v. The Chemours Company, No. 22-2737 Trial from October 28-31, 2024 Attorneys for Plaintiff: Ralph T. Gibson and Alexandria Scott Attorneys for Defendant: Kim Hodges, Amanda Garland, Caleb Fraser Hand, and Tom Henderson • Claims in Complaint: Wrongful termination because of race discrimination and retaliation in violation of Title VII, 42 U.S.C. § 1981, and the Tennessee Human Rights Act. • Verdict: The jury found for Defendant on all claims.

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Lorenzo Clark v. City of Memphis, No. 22-2641 Trial from December 10-13, 2024 Attorney for Plaintiff: Linda Garner Attorneys for Defendant: Robert Meyers, Danielle Rassoul, and Miriam Bryant • Claims in Complaint: Violation of Plaintiff’s Fourth Amendment rights in violation of 42 U.S.C. § 1983 when Defendant seized and removed 11 pitbulls from his property without a warrant and arrested him in alleged retaliation for exercising his right to recover the dogs from Memphis Animal Services.

• Verdict: The jury found for Plaintiff and awarded $43,000 in actual damages and $75,000 in compensatory damages, for a total of $118,000.

CHIEF DISTRICT JUDGE SHERYL H. LIPMAN Cordero Kadeem Ragland by and through his mother and conservator Pamela Mitchell v. Shelby County, Tennessee, No. 22-2862 Trial from October 21-23, 2024 Attorneys for Plaintiff: Brice Timmons, Craig Edginton, and Craig V. Morton, II Attorneys for Defendant: Roy H. Chockley, Jr., Aubrey Brode Greer, Pamela Williams Kelly, Robert D. Meyers • Claims in Complaint: The case arose from a “severe beating” the plaintiff received on December 21, 2021 from a fellow inmate while the plaintiff was in pretrial detention at the Shelby County Jail. The complaint alleged deliberate indifference claims in violation of the plaintiff’s Eighth and Fourteenth Amendment constitutional rights under 42 U.S.C. § 1983.

• Verdict: The jury found for Defendant.

SENIOR DISTRICT JUDGE SAMUEL H. MAYS Kimberly Houston v. Memphis Light Gas and Water Division, No. 21-2393 Trial from December 9-12, 2024 Attorneys for Plaintiff: Jarrett Spence, Kristina Woo, Robert L. J. Spence, Jr. Attorneys for Defendant MLGW: Tom Henderson, Rodrick Holmes, Amanda Garland, Brooks Kostakis.

Attorneys for Defendant IBEW: Lucas Robert Jason Aubrey, Jacob James Demree

Attorney for Defendant IBEW Local 1288: Deborah Godwin and Barclay Roberts Attorney for Cross-Defendant Estate of William Earl “Rick” Thompson and Defendant William Thompson, who was dismissed before trial: Florence Johnson • Claims in Complaint: Plaintiff alleged that MLGW and IBEW jointly employed her and that Thompson, an IBEW employee, had sexually harassed her, retaliated against her, and discriminated against her because of her sex in violation of Title VII. She also alleged a negligent supervision claim against MLGW and IBEW and an intentional infliction of emotional distress claim against Thompson.

• Verdict: The Court granted summary judgment on Plaintiff’s sex discrimination, quid pro quo harassment, and retaliation claims. The jury found that MLGW jointly employed Plaintiff and William Thompson with the International Brotherhood of Electrical Workers Local 1288 but found for MLGW on Plaintiff’s sexual harassment claim.

SENIOR DISTRICT JUDGE JON P. MCCALLA USA v. Derrick Richard, No. 23-20229 Trial from October 21-23, 2024 Attorneys for Prosecution: Jermal Blanchard and Jennifer Musselwhite Attorneys for Defendant: Presita West and Mary Catherine Jermann-Robinson • Charges in Indictment: One count of unlawful possession of a firearm by a felon in violation of 18 U.S.C. § 922(g).

• Verdict: Because of the Supreme Court’s decision in Erlinger v. United States, No. 23-370, 2024 WL 3074427 (June 21, 2024), the jury must decide whether a defendant’s prior felony convictions count as predicate convictions under the Armed Career Criminal Act. The jury found that Richard had at least three prior felony convictions that were each committed on occasions different from one another and was thus an armed career criminal under the ACCA. After trial, the Court declared a mistrial, and the case will be retried.

USA v. Andre Blue, No. 23-20122 Trial from November 18-20, 2024 Attorneys for Prosecution: Eileen Kuo and Regina Brittenum Attorneys for Defendant: Taurus Bailey • Charges in Indictment: Five counts of unlawful possession of 5 different firearms by a felon in violation of 18 U.S.C. § 922(g), 1 count of possession with intent to distribute of 5 grams or more of actual methamphetamine in violation of 18 U.S.C. § 841(a)(1), and 3 counts of possession of 3 different firearms in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c).

• Verdict: Guilty on all counts except Count 5, which alleged knowing possession of a firearm - a Sig Sauer Inc. 9mm caliber pistol - by a felon.

DISTRICT JUDGE MARK S. NORRIS USA v. Justin Deshun Stiger, No. 22-20196 Trial from August 19-23, 2024 Attorneys for Prosecution: Greg Allen and Bryce Phillips Attorney for Defendant: Janika N. White • Charges in Indictment: The indictment alleged four counts: (1) conspiracy to possess with the intent to distribute 400 grams or more of a mixture containing fentanyl; (2) conspiracy to possess with intent to distribute 500 grams or more of a mixture containing cocaine; (3) aiding and abetting the possession with intent to distribute 400 grams or more of a mixture containing fentanyl; and (4) aiding and abetting the possession with intent to distribute 400 grams or more of a mixture containing cocaine.

• Verdict: The jury hung on Counts 1 and 2 and returned a not guilty verdict on Counts 3 and 4. After trial, Defendant pled guilty to Count 1.

USA v. Tadarrius Bean, Demetrius Haley, and Justin Smith, No. 23-20191 Trial from September 9-October 3, 2024 Attorneys for Prosecution: David Pritchard, Libby Rogers, Andrew Manns, Forrest Christian, and Kathryn Gilbert Attorneys for Defendant Tadarrius Bean: John Keith Perry, Jr., Andre Thomas, and Kevin Whitmore Attorneys for Defendant Demetrius Haley: Michael Stengel and Stephen Leffler Attorneys for Defendant Justin Smith: Martin Zummach • Charges in Indictment: The indictment contained four counts against all defendants: (1) deprivation of rights under color of law because of excessive force and failure to intervene (and a lesser charge of deprivation of rights resulting in bodily injury); (2) deprivation of rights under color of law because of deliberate indifference (and a lesser charge of deprivation of rights resulting in bodily injury); (3) conspiracy; and (4) obstruction of justice.

• Verdict: The jury found Tadarrius Bean not guilty of Counts 1, 2, 3, and guilty of Count 4; Demetriuis Haley guilty of Count 1’s lesser included offense of deprivation of rights resulting in bodily injury, Count 2’s lesser included offense of crime of deprivation of rights resulting in bodily injury, Count 3, and Count 4; and Justin Smith not guilty of Counts 1, 2, and 3 and guilty of Count 4.

USA v. Timothy Edwards, No. 22-20105 Trial from October 28-30, 2024 Attorney for Prosecution: Michelle Kimbril-Parks Attorneys for Defendant: Ned Germany and Robert Thomas • Charges in Indictment: The indictment alleged two counts: (1) conspiracy to possess with intent to distribute marijuana and (2) conspiracy to possess with intent to distribute methamphetamine.

• Verdict: Guilty on both counts and 500 grams or more of methamphetamine.

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DISTRICT JUDGE THOMAS L. PARKER USA v. Jarrod Sanford, No. 24-20021 Trial from July 22-25, 2024 Attorneys for Prosecution: Lauren Delery and Lynn Crum Attorneys for Defendant: Angela Sanders and Peter Oh • Charges in Indictment: (1) production of child pornography; (2) possession of child pornography; and (3) violation of Tennessee’s sex-offender-registry law.

• Verdict: Guilty on all counts.

Llewelyn Nelson v. Tennessee College of Applied Technology, No. 21-2255 Bench Trial on October 9, 2024 Attorney for Plaintiff: Mr. Nelson proceeded pro se.

Attorneys for Defendant: Buckley Cole, Lindsay Haynes Sisco, Toni-Ann Marie Dolan, David M. Rudolph, John W. Dalton • Claims in Complaint: Wrongful termination and national origin discrimination in violation of Title VII. • Verdict: Judge Parker issued an oral ruling for Defendant after a bench trial.

OJ Commerce LLC v. 562 Express, Inc., No. 23-2226 and HYC Logistics, Inc. v. OJ Commerce, LLC and Jacob Weiss, No. 23-2050 Trial from December 16-20, 2024 Attorneys for Plaintiff OJ Commerce: Shlomo Hecht, Aaron Davis, Levi Lesches, Cherylann Pasha, Louis Jehl, Larry Laurenzi, and Nathan Bicks Attorneys for Plaintiff HYC Logistics, Inc.: Aubrey Brode Greer, Yosef Horowitz, and Joshua Kahane Attorneys for Defendants 562 Express, Inc.: Jacob Nessim Segura, Joshua Kahane, and Yosef Horowitz Attorneys for Defendant Jacob Weiss: Schlomo Hecht, Aaron Davis, Larry Laurenzi, and Nathan Bicks • Claims in Complaint: This case relates to a breach of contract and alleged misrepresentation and unfair or deceptive acts or practices in violation of the Tennessee Consumer Protection Act. OJC imported products via ocean freight containers from Asia to sell in the continental United States. 562 is a trucking company that allegedly picked up OJC’s shipping containers without authorization and refused to return them or their contents. HYC alleged that OJC and Weiss received the services they requested and failed to pay HYC $307,310 in fees and expenses related to 242 shipping containers. HYC asserted that it exercised its contractual lien rights to 9 shipping containers to sell the goods and pay down the debt OJC owed.

OJC’s complaint alleged 3 claims against 562 Express: (1) conversion, (2) civil theft, and (3) intentional interference with economic advantage. HYC’s complaint alleged 5 claims: (1) declaratory judgment, (2) breach of contract against OJC, (3) fraud and misrepresentation against both Weiss and OJC, (4) fraudulent inducement against Weiss, 20

(5) bad faith against both Weiss and OJC. • Verdict: The Court granted summary judgment for HYC on the civil theft claim and for 562 Express on the procurement of breach of contract claim under Tenn. Code Ann. § 4750-109 and deceptive trade practices under Tenn. Code Ann. § 47-18-109(a).

The jury found that OJC committed the first uncured, unwaived material breach of the contract and awarded $587,641.04 in damages and that HYC properly exercised its lien right. The jury also found that HYC engaged in an unfair or deceptive act or practice (for which it awarded $701,508.81 in damages), and committed intentional or reckless misrepresentation (for which it awarded $238,279.45 in damages). The jury found for OJC on HYC’s intentional or reckless misrepresentation claim and found that neither OJC nor HYC had committed promissory fraud. The jury found for Jacob Weiss on all claims asserted against him and did not reach OJC’s conversion claim against 562 Express.

MAGISTRATE JUDGE CHARMIANE CLAXTON USA v. Tatiyana Hughlett, No. 24-po-44 Bench Trial on October 3, 2024 Attorney for Prosecution: Jermal Blanchard Attorney for Defense: Ms. Hughlett proceeded pro se.

• Charges in Citation: Failure to obey traffic directions in the Memphis USPS P&DC south employee parking lot.

• Verdict: Guilty.

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

Gayle ASHWORTH (615) 254-1877

Allen BLAIR (901) 820-4347

George BROWN (901) 523-2930

John CANNON (901) 328-8227

Fred COLLINS (731) 686-8355

Janice HOLDER (901) 527-3765

Trey JORDAN (901) 526-0606

Hayden LAIT (901) 230-4990

Minton MAYER (901) 312-1640

Jerry POTTER (901) 525-1455

Check preferred dates or schedule appointments online directly with the state’s top mediators & arbitrators. www.TennesseeMediators.org is entirely free, funded by our members

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Memphis Area Legal Services, Inc. Continues to Provide Excellence in Legal Advocacy for Those in Need and Needs Your Support

BY NICOLE M. GRIDA, CHIEF EXECUTIVE OFFICER

T

he mission of Memphis Area Legal Services, Inc. is “to provide excellence in legal advocacy for those in need.”

It seems like a simple mission—only 10 words after all. But providing excellence in legal advocacy for those in need is a challenge in a fully funded organization.

For those nonprofit law firms like Memphis Area Legal Services, Inc. (MALS) that rely on funding from federal, state, and local government sources, private foundations, and corporate and individual donors, the delivery of free civil legal services can sometimes feel impossible.

And yet things that seem impossible are not new to our organization. The origin of MALS is a story of making the impossible, possible.

The MALS story began in the wake of the assassination of Dr. Martin Luther King, Jr. With tireless commitment and unwavering resolve, thirty lawyers and law students, led by W. J. Michael “Mike” Cody, sought to create a free legal services organization for the Memphis community.

Facing staunch opposition and limited resources, they persevered until their dreams were realized with the opening of the Neighborhood Legal Services Project on June 15, 1968. More than a quarter of a century later, we are still here under a different name. Over those years, our non-profit law firm has faced numerous challenges; every time, we have been able to turn to local judges, lawyers, law students, and community partners to meet these challenges head on and continue our important mission.

With the continued support of the legal community, and especially the Memphis Bar Association, MALS will continue its evolution to meet the civil legal needs of low-income residents of Shelby, Tipton, Fayette, and Lauderdale Counties.

For as long as I can remember, my parents encouraged me and my siblings to give back to others. When I started law school, I quickly learned how vital nonprofit law 22

firms were to bridge the justice gap so all Tennesseans can have representation in civil legal matters. This sparked a passion in me to volunteer with Legal Aid of East Tennessee while attending the University of Tennessee College of Law and to get involved with pro bono initiatives when I moved to Memphis. As my career evolved, I continued to support organizations like MALS by attending legal clinics, representing pro bono clients, and supporting the Campaign for Equal Justice (CEJ) as a cabinet member and financial supporter. And now over twenty years later, I have the privilege to wake up every day to do something that I am passionate about— making sure MALS continues to provide excellence in legal advocacy for those in need. When the MALS Board of Directors hired me, they asked that I look for ways to stabilize, strengthen, and sustain the organization by drawing upon my leadership, collaboration, and legal skills.

Since joining the MALS team, with the support and help of my team, and the MALS Board and Executive Committee, I have been updating our internal policies, processes, and procedures and leveraging technology to ensure we use our grantor and donor dollars to efficiently serve as many people as possible. I have also been identifying training opportunities for my team and ways for them to collaborate with other legal aid attorneys across the state and around the country. With the unwavering support and dedication of the MALS Staff and MALS Board of Directors, especially Amber Floyd (MALS Board President), Paul Tuberville (MALS Vice President), Cindy MacAulay (MALS Treasurer), Gortria Banks (Chief Operating Officer), and Anidra Lomax (Managing Attorney for the Consumer/Housing Unit), we have been able to secure new funding from The Mary Galloway Home Foundation and the Memphis City Council Community Grant Program. MALS has

also secured additional funding from the Tennessee Bar Foundation to support the provision of civil legal services and the Taxpayer Advocate Service to fund its Low Income Taxpayer Clinic. Additionally, we continue to identify and pursue other grant opportunities to diversify our funding sources.

Even with this additional funding, MALS must still turn away members of our community who contact us seeking legal representation in civil legal matters. They are victims of domestic violence trying to escape decades of abuse; seniors who have been scammed out of their life savings; parents trying to ensure their children are not forced to live in deplorable housing conditions; veterans who need help navigating the complicated matrix of Medicare; and disabled individuals wrongfully denied needed TennCare benefits. When these community members reach out to MALS for assistance, we want to be able to say yes we can.

But to do that we need your help. We want to ensure that the residents of Shelby, Fayette, Tipton, or Lauderdale County receive the legal services they need.

Those in need might be our neighbors. We might attend the same church. They may even be our family members or friends. The one thing they all have in common is that they need free civil legal assistance. With your help, we can continue to provide quality legal services to those in need.

Moving forward, MALS will continue to evolve as we look for ways to improve our operational efficiency, increase our funding sources, and equip our staff and volunteers with the resources and tools they need to meet the increasing needs of the clients we serve. To do this, we need you. Will you make a donation to MALS today so we can continue to evolve and provide vital civil legal services to members of our community? Will you volunteer to serve on the CEJ, our yearly fundraising effort? Can we rely upon you to attend one of our legal clinics where we provide limited legal advice? Please email me today and let me know how you can be of service to Memphis Area Legal Services, Inc. I promise you will be glad you did! 

* The Board of Directors of Memphis Area Legal Services, Inc. appointed Nicole M. Grida as its Chief Executive Officer effective June 1, 2024. A longtime supporter of access to justice, Ms. Grida brings her leadership, collaboration, and legal skills to ensure MALS continues to provide excellence in legal advocacy for those in need while finding innovative ways to protect the legal rights of low-income citizens in Shelby, Fayette, Tipton, and Lauderdale Counties.

Since becoming a member of the Memphis legal community in 2006, she has represented clients in toxic tort, product liability, premises liability, personal injury, property damage, and general civil litigation matters in state and federal courts throughout the country. As an in-house litigation attorney for International Paper (IP), Ms. Grida served on the Steering Committee for IP’s Signature Pro Bono Initiative focused on providing equal justice to Tennessee residents through expungements, voting rights restorations, and driver’s license reinstatements. As a bar association leader and non-profit board member at the local, state, and national levels, she served as board chair for multiple organizations; chaired committees tasked with vetting judicial candidates, revising by-laws, and creating pathways to leadership for diverse members; and worked directly with staff members to create, refine, and achieve their organizations’ missions, visions, and strategic plans.

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2024 Annual Meeting Recap

PASSING THE GAVEL

2024 President Adam Johnson passed the gavel to 2025 President Lauran Stimac during the Annual Meeting on December 12, 2024 at BRIDGES USA.

2025 MBA OFFICERS

Adam Johnson, Past President; Lauran Stimac, President; Marlinee Iverson, Vice-President; Matt May, Secretary/ Treasurer

CONGRATULATIONS TO THE 2025 NEWLY ELECTED BOARD DIRECTORS

Lee Whitwell Presented with the Sam A. Myar Jr. Award

Congratulations to Lee Whitwell, Chief Litigation Attorney for the Shelby County Attorney’s Office, who was presented with the Sam A. Myar, Jr. Award. Named for the late Sam Myar, who died in 1959 at the age of 59, the award is presented annually to an attorney younger than 40 years old who has rendered outstanding personal service to the legal profession and to the community. Lee teaches appellate advocacy at University of Memphis Cecil C. Humphreys School of Law, coaches moot court travel teams, and serves on various committees for the MBA and the Tennessee Board of Professional Responsibility.

Watch Lee’s Acceptance Video 24

Walter Bailey Presented with the Judge Jerome Turner Lawyer’s Lawyer Award

Congratulations to attorney Walter Bailey who was presented with the Judge Jerome Turner Lawyer’s Lawyer Award, the most prestigious award bestowed upon a Memphis attorney. This honor is presented annually to an attorney who has practiced for more than 15 years and who exemplifies the qualities in the Guidelines of Professional Courtesy and Conduct. Walter has demonstrated professionalism, civility, and courtesy throughout his legal career of nearly 60 years.

Watch Walter’s Acceptance Video

2025 PRESIDENT’S AWARD

Congratulations to Justin Joy and Councilwoman Janika White who were presented with the President’s Award for their exceptional service to the MBA.

View more photos from the meeting

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Judge Carlyn L. Addison Discusses the Memphis Bar Association’s Summer Law Intern Program (SLIP) IN CONVERSATION WITH HER DEAR FRIEND AND COLLEAGUE RETIRED JUVENILE COURT MAGISTRATE TERRE J. FRATESI*

For someone who may not be familiar, what is SLIP? “SLIP” stands for Summer Law Intern Program, an experiential learning program sponsored by the Memphis Bar Association. Created in 2007 by Judge Gina Higgins, currently our presiding judge for the 30th Judicial District, the program seeks to identify, develop, and nurture diverse high school students interested in the legal profession by giving them an opportunity to work in the field. Students accepted into the program are placed in private law firms, government agencies, corporate legal departments, and local courts where they work alongside attorneys and judges and experience what it feels like to practice law in Shelby County. Upon successful completion of their internship, which requires performance of a minimum of 60 hours of work over a four-week period, each student receives a $500 stipend.

Internships are available to minority and underrepresented sophomores, juniors, and seniors who reside in and attend high school in Shelby County. Students must be in “good standing” at their school to qualify. To date, nearly 1,000 students have graduated from the program, many of whom have become successful attorneys and legal professionals. Since its inception, several students have returned to help with the program!

Is there parental involvement?

Yes, and the parents are super. They provide transportation for the children, often to and from the middle of bustling downtown Memphis, 201 Poplar, or City Hall. They entrust us with their precious children. It is wonderful to see the kids’ enthusiasm – they get dressed up, they are bright eyed and full of promise. They get so excited when they attend the award ceremony and receive their $500 stipend. In addition to performing legal work under supervision, one day each week the students engage in an activity that enriches them culturally, such as a visit to the Civil Rights Museum or the Stax Museum 26

of American Soul Music. Parental trust and engagement are key.

Describe the selection process?

The committee selects students based on their written and oral communication skills, their interest in law as a career, and their participation in school and community activities. They must submit a written application with a detailed statement of interest and complete a rigorous and competitive interview process.

For more information, please contact SLIP Committee Chair Patrick Hillard.

How did you come to serve as the judicial chair of the SLIP? (Laughing) Well, sometime within the first year after I was elected, I bumped into Judge Gina Higgins at an event. If you know Judge Higgins, you likely know about her enthusiasm and her passion for programs such as this one, and you will appreciate this story. We were talking about the program, and I probably shared with her that I kept in regular contact with the SLIP program intern assigned to me in 2015 when I was a Magistrate Judge in Juvenile Court. This intern recently graduated from law school and is working in her field in Atlanta, Georgia and I am super proud of her. Judge Higgins mentioned to me, somewhat casually, that she had been involved with SLIP for 17 years and felt she needed to start looking for someone new to whom she could “pass the torch.” Judge Higgins is a pioneer in the Memphis legal community. Our SLIP program is award winning and has been recognized nationally. Soon after that conversation with her, she invited me to the SLIP orientation program. The day of the event, however, I was in the middle of a jury trial. I got a text from Judge Higgins asking, “where are you?” I responded I was in trial. She texted back, “You’re late.” I took a quick recess and ran over to City Hall where the program was

being held. Shortly after I arrived, she invited me to the podium, introduced me as a newly elected criminal court judge, and then added, “Judge Addison will be taking over the program” going forward. Who can say no to Judge Higgins? I felt so honored that she entrusted me with the future growth and leadership of a project that she has loved and nurtured from its infancy. I have big shoes to fill.

Well, I suppose you could have said no?

Have you met Judge Higgins? Honestly, that never really occurred to me. One of the most joyful things about being a magistrate at Juvenile Court, as you know, was getting a chance to help change kids’ lives for the better. I loved, and still love my new role in Criminal Court Division 5, but I have missed the daily interaction with all those beautiful kids with bright futures – the ones you rarely read about in the news. As I mentioned earlier, I text or talk to my former intern every few days.

She was 15 when we first met, and she just turned 25 and has graduated from law school. How amazing is that?

Was her life positively impacted by her participation in this program? Absolutely – but so was mine. I want my colleagues to be able to experience that, and I want as many young people as possible in our community to know what that feels like.

What are your plans for the future of SLIP and how can members of the bar help?

The greatest way to help is to host a summer intern!

It is a four-week commitment that has the potential to dramatically change the trajectory of a young person’s life. It benefits these young students, it benefits the

legal community, and it benefits Memphis. I hope to increase the number of lawyers, law firms, corporate legal departments, non-profits, and government agencies who host an intern so that we can increase the number of kids we serve. To do this, I plan to increase our outreach efforts while I am judicial chair. Encouraging our young people to engage in activities and experiences they cannot learn in a high school classroom provides them a glimpse of what their future could look like. That future and the future well-being of our community are inextricably linked.

If you are a lawyer, law firm or organization and would like to host an intern, please contact MBA Executive Director Mary Ann Upchurch.

Tell us about the endowment fund for SLIP I’m glad you asked.

In recognition of Judge Gina Higgins’ exemplary service to the program, the Memphis Bar Association established the Honorable Gina C. Higgins Endowment Fund. When the program transitioned to my leadership last year, fundraising efforts were already underway. The MBA surprised Judge Higgins when it announced the endowment fund at its annual meeting on December 7, 2023, which just happened to be Judge Higgins’ birthday.

Click here to learn more about the Honorable Gina C. Higgins Endowment Fund.

I’m curious - were you ever an intern?

Not in a formal program such as SLIP, but yes, I was.

When I was a first-year law student, I interned for the Memphis law firm Perkins, Johnson, & Settle. I was attending law school in another city, and I had exactly one 27

friend in Memphis who was a lawyer. Other than that, I had zero contacts in the Memphis legal community. I did not know anyone or anything. Working in their law firm gave me real life experiences and showed me what it would be like to be a practicing attorney. I went to court.

I filed pleadings. I did research and wrote briefs. They showed me the ropes and taught me the value of building relationships.

Your legal career begins long before you pass the bar exam. There is great benefit in beginning it with an organization or an individual committed to pouring

into you as a person, teaching you how to navigate this obstacle course that is “practicing law.” It gives you an opportunity to learn the things you don’t learn in law school. You cannot get these life experiences sitting in a classroom.

How has that experience carried over into your legal career?

I learned right away that the legal business is all about relationships. It is all about exposure to new people, new experiences, and new ways of thinking. SLIP can propel

2025 HIGH SCHOOL SUMMER LAW INTERN PROGRAM

Are you interested in the legal profession?

The High School Summer Law Intern Program provides experience in the daily legal workplace of private law firms, corporate law divisions or governmental law offices.

Summer Law Intern Program (SLIP) June 2 - June 27, 2025 Requirements • Minority high school student in good standing • Rising sophomore, junior or senior in high school as of August 2025 • Applicants previously accepted into the program are not eligible.

• Resident of, or attends school in Shelby County • Available to work a total of 60 hours

To Learn More and Apply, visit memphisbar.org/slip

Application Deadline is Friday, March 28, 2025.

If your firm would like to sponsor a SLIP participant,

please contact Mary Ann Upchurch at maupchurch@memphisbar.org.

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a young person not just into a career but headfirst into their new life. We teach our interns how to dress, how to speak to people, how to write important documents, how to organize information, how to address a judge in court, how to carry themselves, and how to enter any room with confidence. We are doing more than giving them another tool for their toolbox; we are helping them to realize a dream. We send them a message that we are here for you beyond this summer program. Children are our future. We need to be prepared to turn over leadership to the next generation and we cannot do that if the next generation is not prepared. It is our duty to prepare them to lead.

As of September 1, 2022, I became one of the 24 women judges and one of the 14 new African American judges newly elected that year. Those were record numbers. Today, 75 of Tennessee’s 230 total state court judges are women. I believe that when you find yourself in a space where people like you historically have been underrepresented, it is incumbent upon you to make a commitment to change that, and you do that by sending the elevator back down to lift the next generation.

The world is ever changing, and our community is ever changing, and we need people who showcase that diversity. When you support a young person in this program, you are investing in all our futures. 

Judge Carlyn L. Addison grew up in both Birmingham, Alabama and Memphis, Tennessee. She graduated from Xavier University of New Orleans, where she majored in English & minored in Theology. She received her Juris Doctor from Southern University Law Center in Baton Rouge, Louisiana. Judge Addison worked as an Assistant Shelby County Public Defender for seven years.

After first serving as a Staff Attorney, Judge Larry Potter (retired) appointed her as the first African American Referee in Environmental Court. From 2015 – 2022, she was a Magistrate Judge for the Juvenile Court of Memphis and Shelby County, where she heard cases involving delinquency, truancy, foster care, child abuse, and coparenting matters. Judge Addison has been certified in recognizing and addressing Domestic Child Sex Trafficking by the National Council of Juvenile and Family Court Judges.

Under the leadership of Bishop Charles H. M. Patterson, Sr., she attends Pentecostal Temple Church of God in Christ.

Judge Addison She is a member of the Tennessee Trial Judges Association, the Leo Bearman, Sr. American Inn of Court, the Memphis Bar Association, the National Association of Women Judges, and Joshua Learning Tree Parent Board. In memory of her “Mother-in-Love,” State Representative Lois M. DeBerry, she is a staunch supporter of the Herb Kosten Foundation, an organization which supports those whose lives have been affected by pancreatic cancer.

Elected August 4, 2022, Judge Addison presides over Criminal Court Division 5, designated as a specialty criminal court for cases involving Domestic and Intimate Partner Violence. She is the only woman ever elected to this seat.

Terre Fratesi is a graduate of the University of Memphis, Cecil C. Humphreys School of Law. She served as an Assistant District Attorney for 22 years, spending most of those years as the lead juvenile prosecutor and on the Special Victims Unit. She retired from being a Juvenile Court Magistrate Judge after almost 10 years on the bench. She now enjoys doing mediation.

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D

YLD Annual Meeting Recap

uring the YLD Annual Meeting in November, Criminal Court Judge James Jones, Jr. was presented with the 2024 Chancellor Charles A. Rond Memorial Award. This annual award is presented by the YLD to a local judge in honor of the late chancellor who was known for his intelligence, fairness, integrity, and wit.

YLD President Jeffrey Moore thanked the 2024 board for their service and announced the 2025 board. The newly elected 2025 YLD Board includes: YLD President

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Brande Boyd, YLD Vice President Faith Watson, 2024 Past President Jeffrey Moore, Malik Luckett, Tanisha Johnson, Geoffrey Morris, Will Gebo, Raven Chism Chandler, Hallie Robison, Ameshia Forrest, Ryan Rosenkrantz, and Misty O'Neal.

COURT REPORT

SHELBY COUNTY CIRCUIT COURT

BY STEPHEN LEFFLER

covers jury and bench trials from May 29, 2024-December 31, 2024 DIVISION 1 - JUDGE FELICIA CORBIN-JOHNSON

Phillip Campbell v. Jacqueline Kilpatrick, No. CT-1550-22 Trial on September 17, 2024 Attorney for Plaintiff: Lindsey R. Williams Attorney for Defendant: Dawn Davis Carson Claims in Complaint: Car accident/negligence • Verdict: The jury found for Plaintiff and awarded $90,000.00 in damages, which was reduced for 10% comparative fault to $81,000.00.

KAAM Investments, LLC v. Anita Wong Chu, No. CT-2922-21 Bench Trial on October 10, 2024 Attorney for Plaintiff: Mark J. Grai Attorney for Defendant:Ted I. Jones Claims in Complaint: Breach of Contract (Lease of Commercial Property) • Verdict: The Court found for Plaintiff and awarded $37,523.00 in damages.

Thompson Machinery Commerce Corporation v.

Capital Construction, Inc. and William E. Doughty, Sr., No. CT-000513-16 Bench Trial on October 23, 2024 Attorney for Plaintiff: Scott A. Frick Attorney for Defendant: Richard F. Vaughn Claims in Complaint: Breach of Contract (Lease of Commercial Equipment) • Verdict: The Court found for Plaintiff and awarded $46,032.60 in damages.

DIVISION 2 - JUDGE CAROL CHUMNEY

Deunte Miller v. Gordon Gant, No. CT-3379-19 Trial on September 5, 2024 Attorney for Plaintiff: R. Deniger Cobb, Jr. Attorney for Defendant: Robert L. Moore Claims in Complaint: Car accident/negligence • Verdict: The jury found for Plaintiff and awarded $2,500.00 in damages for pain and suffering and $2,500.00 for loss of enjoyment of life, for a total of $5,000.00 in damages, which was reduced for 10% comparative fault to $4,500.00.

Sunshine Corporation v. Kwadwo Kwarteng, No. CT-3078-22 Bench Trial on December 12, 2024 Attorney for Plaintiff: Lisa A. Zacharias Attorney for Defendant: Webb A. Brewer Claims in Complaint: Breach of Contract (Real Property) • Verdict: The Court found for Plaintiff and awarded $17,201.63 in damages.

DIVISION 3 - JUDGE VALERIE L. SMITH

Jacqueline Adams v. Finis Fields, No. CT-000873-18 Trial on October 30, 2024 Attorneys for Plaintiff: Daryl A. Gray and Toof Brown Attorney for Defendant: Edd L. Peyton Claims in Complaint: Car accident/negligence • Verdict: The jury found for Plaintiff and awarded $8,063.00 in past medical expenses, $5,000.00 in pain and suffering, and $1,682.00 in past loss of earning capacity, for a total of $14,745.00 in damages, which were reduced for 48% comparative fault to $7,667.40.

DIVISION 4 - GINA C. HIGGINS

No contested cases tried to verdict.

Lashanda Savage v. Darryl Gresham as Administrator of the Estate of Wesley Hardin, Deceased, No. CT-0454-22 Trial on July 23, 2024 Attorney for Plaintiff: Murray B. Wells Attorney for Defendant: Ashleigh C. Kiss Claims in Complaint: Car accident/negligence • Verdict: The jury found for Plaintiff and awarded $3,500.00 in damages for past medical bills and $900.00 for pain and suffering, for a total of $4,400.00 in damages.

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DIVISION 5 - RHYNETTE HURD

DIV. 6: CEDRICK D. WOOTEN

Stefani Born v. Kyle Kisner, No. CT-1757-20

Steve Watkins v. O’Farrell Shoemaker, No. CT-0048-22

Trial on June 26, 2024 Attorneys for Plaintiff: Michael Katzman and Jeffrey S. Rosenblum Attorney for Defendant: Melanie Stewart Claims in Complaint: Car accident/negligence • Verdict: The jury found for Plaintiff and awarded $75,000.00 for pain and suffering, $10,000.00 for loss of enjoyment of life, and $34,000.00 for loss of earning capacity, for a total of $119,000.00 in damages.

Rose Bryan v. Anthony Terry, No. CT-005407-18 Bench Trial on July 30, 2024 Attorney for Plaintiff: Jef Feibelman Attorney for Defendant: Robert Wampler Claims in Complaint: Breach of Contract (Damage to Commercial Equipment) • Verdict: The Court found for Plaintiff and awarded $65,376.00 in damages.

Latrice Barber and Beatrice Barber v. Amanda Kay Hill / Peggy Cole v. Amanda Hill, No. CT-002517-17 Trial on August 19, 2024 Attorney for Plaintiffs Latrice and Beatrice Barber: Jeffrey K. Moore, Jr. Attorney for Plaintiff Peggy Cole: John H. Parker II Attorney for Defendant Amanda Hill: Matthew S. Russell • Claims in Complaint: Breach of Contract (Damage to Commercial Equipment) • Verdict: The jury found for Plaintiffs and awarded Latrice Barber $12,337.00, Beatrice Barber $11,773.45, and Peggy Cole $12,337.00.

Tracey Davis v. City of Memphis, No. CT-0608-22 Bench Trial on November 13, 2024 Attorney for Plaintiff: Eric J. Lewellyn Attorney for Defendant: Taurus M. Bailey Claims in Complaint: Car accident/negligence under the GTLA • Verdict: The Court found for Plaintiff and awarded $25,334.36 in medical expenses, $130,510.50 for loss of earning capacity, $75,000.00 for pain and suffering, $25,000.00 for loss of enjoyment of life, and $25,000.00 for permanent injury, totaling $280,844.86 in damages.

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Trial on September 27, 2024 Attorney for Plaintiff: Elaine Sheng Attorney for Defendant: Kevin D. Bernstein Claims in Complaint: Premises liability • Verdict: The jury found for Plaintiff and awarded $1,530,000.00 for past medical expenses, $4,827,974.00 for future medical expenses, $2,750,000.00 for pain and suffering, $2,500,000.00 for permanent injury, $2,000,000.00 for loss of enjoyment of life, and $250,000.00 for disfigurement, for a total of $13,875,974.00. The Court reduced this verdict to $10,000,000.00 because it exceeded the ad damnum clause and further reduced the verdict to $5,959,219.72 for comparative fault and by statute. The parties agreed to a reduced net verdict of $2,750,000.00.

No Worries Automotive Group, Inc. v. Chata Lavae Sharp-Williams, No. CT-1854-22 Bench Trial on October 9, 2024 Attorney for Plaintiff: Thomas W. McWaters Attorney for Defendant: Toof Brown Claims in Complaint: Breach of Contract (Automotive) • Verdict: The Court found for Plaintiff and awarded $6,064.87 in damages.

Gwendolyn Mayo v. Primary Care Group, LLC and Susan Lacy, M.D., No. CT-004514-16 Trial on November 4, 2024 Attorney for Plaintiff: Jacob Webster Brown Attorney for Defendant: Samantha Bennett Claims in Complaint: health care liability / medical malpractice • Verdict: The jury found for Plaintiff and awarded $3,800,000.00 in non-economic damages ($1,500,000.00 for past pain and suffering, $500,000.00 for future pain and suffering, $150,000.00 for permanent impairment, $1,500,000.00 for pass loss of ability to enjoy life, and $150,000.00 for future loss of ability to enjoy life) and $430,000.00 in economic damages ($130,000.00 for past medical services, $150,000.00 for past loss of earning capacity, and $150,000.00 for future loss of earning capacity), for total damages of $4,230,000.00. The noneconomic damages were reduced to $750,000.00 by statute for a net verdict of $1,180,000.00.

DIVISION 7 - JUDGE MARY L. WAGNER

James Jones v. T. Pearson Holding, LLC and Timothy Wayne Pearson, No. CT-2224-23 Bench Trial on May 8, 2024 Attorney for Plaintiff: Darrell J. O’Neal Attorney for Defendant: S. Rochelle McCrackin and James Gully Claims in Complaint: Breach of Contract (Real Property) • Verdict: The Court found for Plaintiff and awarded $13,126.25.

First South Credit Union v, Collierville 385 Motors, LLC, No. CT-0797-24 Bench Trial on July 3, 2024 Attorney for Plaintiff: Lisa N. Stanley Attorney for Defendant: Warren D. McWhirter Claims in Complaint: Breach of Contract • Verdict: The Court found for Plaintiff and awarded $60,825.85.

DIVISION 8 - DAMITA DANDRIDGE

Rita Bradshaw v. Sammie Oliver and John Doe, No. CT-0416-22 Trial on May 29, 2024 Attorney for Plaintiff: Bradley G. Kirk Attorney for Defendant Sammie Oliver: Ashleigh C. Kiss Attorney for Defendant John Doe: James B. “Trey” McClain III • Claims in Complaint: Car accident/negligence • Verdict: The jury found for Plaintiff and awarded $10,000 in damages with no uninsured motorist liability.

Legends Park East Apartments v. Omari Oringe and Almyia Brown, No. CT-1281-24 Bench Trial on May 29, 2024 Attorney for Plaintiff: Lisa A. Zacharias Attorney for Defendants: Defendants Omari Oringe and Almyia Brown proceeded pro se.

Adem Homes, LLC v. Alexandria Hart, No. CT-0771-24 Bench Trial on August 15, 2024 Attorney for Plaintiff: Branson F. Mcnary Attorney for Defendant: Defendant Alexandria Hart proceeded pro se.

Claims in Complaint: Breach of Contract (Landlord/Tenant) • Verdict: The Court found for Plaintiff and awarded $14,049.33 in damages.

DIVISION 9 - JUDGE YOLANDA R. KIGHT

No contested cases tried to verdict.

The Circuit Court Report reports on cases that are tried to verdict. Reported cases include cases involving pro se parties as long as both sides present evidence, even if the evidence consists solely of the testimony of the pro se party. Bench trials are reported where both parties present evidence. The Circuit Court Report does not include cases dismissed by decree (e.g. summary judgment) or consent judgments entered with the court. Minor settlements and divorce decrees are not reported. Default judgments are not reported unless the writ of inquiry was contested.

If any readers know of cases that meet these requirements for reporting and yet are not reported, or know of cases that, while not meeting the requirements, may have issues or rulings of general interest to the bar members, please let us know by email at info@memphisbar.org.

Include a brief description, the name of the case, and the docket number. If they meet the requirements, or otherwise qualify, they will be reported in the next edition of Memphis Lawyer.

Claims in Complaint: Breach of Contract (Landlord/Tenant) • Verdict: The Court found for Plaintiff and awarded $17,169.87 in damages.

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A Journey of Gratitude and Giving:

My Story with the Community Legal Center

BY BETSY PRENDERGAST

A

s I step into the role of Interim Executive Director of Community Legal Center (CLC), I am filled with a deep sense of gratitude and purpose. My journey with CLC began not as a volunteer, staff attorney, or board member—roles I would take on later—but as a client.

Community Legal Center has worked for the past 30 years to provide equal access to justice for the forgotten middle. Over 30% of families in Memphis earn between 125% and 300% of the federal poverty levels. According to the United Way, over 40% of Tennessee households are Asset-Limited, Income-Constrained, and Employed (ALICE). Often, this population neither qualifies for free legal aid nor can they afford a private attorney. Yet, more than 60% of Tennessee low-income households face at least one civil legal problem per year.

I understand these struggles first-hand. I was one of the 60% of low-income households facing legal expenses that I couldn’t afford. I earned too much to qualify for federally funded legal aid, but I was barely scraping by and I definitely could not afford to pay for the legal help that I needed. Community Legal Center was there for me.

I remember calling CLC, not expecting much, but by the time I hung up, I knew everything was going to be OK. I remember how grateful I felt the night I attended the CLC intake clinic and was treated with dignity and respect. Truly moved by the work of the CLC staff and volunteers I met with that night, I told them right then and there that I was going to come back to volunteer one day. By the time that my legal issue was resolved with the help of the CLC, I had developed a keen, first-person appreciation of the enormous impact that a few hours of an attorney's time could make, and I knew what I 34

wanted to do with my life.

Three years later, as I began law school, I kept my promise and began volunteering at CLC. It was especially inspiring to have the opportunity to work with and be mentored by so many justice-minded people.

This community partnership in justice continues to this day, as we stay true to our mission to provide civil legal services to those with limited means and those who are at risk.

Over the years, I have continued to return to CLC, drawn by the heart of the organization. Having observed the growth of CLC from its early days, I feel a profound connection to the work that we do. CLC has worked hard to expand our services to meet the most pressing needs of our beloved community, and we now provide legal help for family, probate, consumer, landlord-tenant, and humanitarian immigration issues. We now serve roughly 2500 people a year with just 13 members on staff. Things have definitely changed since the early days of being housed in a tiny office at MIFA, and being staffed by just an executive director and a single part-time staff attorney, but our mission, heart, and soul remains the same.

Just as it has for the past 30 years, CLC continues to be a beacon of hope for those who are vulnerable and in need of legal assistance but fall into the gap of earning too much to qualify for other legal aid programs and not enough to afford private attorneys. Today, CLC remains steadfast in its mission, providing essential legal services to our hard-working neighbors.

As I take on the role of Interim Executive Director during this time of transition, I remember the profound way CLC legal services changed my life, and I am

honored to lead an organization that has given so much to me and to our community.

I invite you to support Community Legal Center.

Your donations will help us continue to make a significant impact in the lives of our clients. Together, we can ensure that CLC remains a vital resource for those in need, just as it was for me all those years ago. Thank you for your support and for believing in the power of community and justice.

You can donate online or make a pledge of support by calling (901) 402-0509. 

Betsy Prendergast is the Interim Executive Director of the Community Legal Center (CLC). She earned her B.A. in Political Science in 2003 and her J.D. in 2006 from the University of Memphis. Since law school, Ms. Prendergast has spent much of her career fighting to ensure equal access to justice for vulnerable and marginalized populations. She has worked in private practice, as well as for Memphis Area Legal Services and Community Legal Center.

These days, she focuses her practice on humanitarian immigration matters.

MBA Bench Bar Conference 2025

Friday, October 3 - Monday, October 6 The Grand Hotel Golf Resort & Spa Point Clear, Alabama FRIDAY EVENING Welcome Reception

SATURDAY/ SUNDAY MONDAY MORNING CLEs & Social Events Travel Home

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The first 3 installments of this article originally appeared in Volume 40, Issue #4; Volume 41, Issue #1; and Volume 41, Issue #2 of the Memphis Lawyer, which can be found here: First Article • Second Article • Third Article

The Bankruptcy Court in West Tennessee

BY CHIEF U.S. BANKRUPTCY JUDGE JENNIE D. LATTA, J.D., PH.D.

VI. Bankruptcy Act of 1938

The Bankruptcy Act of 1938, known as the Chandler Act, was proposed by Congressman Walter “Clift” Chandler of Memphis. A bill for the relief of wage earners was actually the forerunner to the creation of a special subcommittee on bankruptcy of the House Judiciary Committee, which undertook a three-year study of the bankruptcy laws. The bill for wage earners, as amended, was included as Chapter XIII in the Act of 1938. In 1939, “Captain” Chandler described Chapter XIII as “a humane plan so sorely needed in these times, yet a commercial stimulus.”1 In his 1961 article, Chandler noted that Chapter XIII had a slow beginning, primarily because of the reluctance among some referees to set up the necessary administrative process, but by the end of the 1961 fiscal year, Chapter XIII proceedings had grown from 13,599 the year before to 19,723--an approximately 50% increase.2 Bertha S. Betty Chism served as Chapter 13 trustee from the enactment of the Chandler Act in 1938 until her retirement in May 1982. She disbursed well over $100 million to creditors during her career. In the year before her retirement, an all-time high of 6,100 bankruptcy cases were filed in West Tennessee, with almost 4,000 of them, or approximately 65 percent, filed as Chapter 13 wage earner cases. Mrs. Chism’s office was located on the second floor of the Federal Building.3 James David Senter, Jr. served as Referee in Humboldt from 1939 until 1942. He was born April 28, 1905, in Gibson County and died January 30, 1981, in Gibson County.

Lawrence Winfield Morgan, Jr. served as Referee in Brownsville from 1943 until 1946. Morgan was born in 1

The Commercial Appeal, December 10, 1939, p. 14.

2

Walter Chandler, The Wage Earners’ Plan: Its Purpose, 15 Vanderbilt Law Review 169 (1961), p. 170

3

Henry Bailey, “Bankruptcy Court Indebted to Her,” The Memphis Press-Scimitar, 27 April 1982, p. 17.

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Trenton, Gibson County, Tennessee, on June 30, 1895, and died in Jackson on December 5, 1965. He practiced law in Brownsville and served two terms in the State Senate, 1923 and 1945. In 1945, he was Speaker of the Senate.

In 1957, Referee Graves appointed four full-time wage earner trustees, Betty Durham, Bertha S. Chism, Richard J. Ryan, and W. Osceola Gordon.4 The trustees worked on a commission basis, earning 5% of the money they disbursed through plans, which was expected to result in $8,000-10,000 annual income. There were 1,600 pending wage-earner cases at the time. Judge Graves and his enlarged staff moved into space previously occupied by probation officers in the federal building.

Judge Graves was pleased that “payments would be made in one office and creditors would know where to come for their money.”5 Judge Boyd appointed David C. Doten, Sr. as Referee on April 1, 1958. A second referee was approved by the Judicial Conference of the United States. Judge Doten had been serving as assistant city attorney and was well-known as a champion of veterans’ affairs.6 In its announcement of the appointment, The Commercial Appeal noted that when Judge Graves was appointed in 1937, the Referee worked 40 to 50 cases a month and had one clerk. Judge Graves’ staff in 1958 consisted of an administrative assistant, four wage earner trustees, and 11 clerks. In March of 1958, 223 cases were filed.7 Thus, the number of bankruptcy cases had nearly quintupled, and the staff increased comparably.

Frank Reid served as Bankruptcy Court Clerk from 1964 until January 1, 1974, when he was named District Court Clerk for the Western District of Tennessee. He retired from that position on September 30, 1992.

4

Memphis Press-Scimitar, July 5, 1957, p. 21.

5

Id.

6

The Commercial Appeal, April 2, 1958, p. 1.

7

Id.

Referee Graves and Referee Doten began wearing judicial robes during bankruptcy hearings when the district court moved into the new federal building in 1964.

Judge Doten actively opposed the charging of usurious interest by small loan companies.8 Judge Doten actively opposed the issuance of unsolicited credit cards and

expressed concern about the use of Tennessee garnishment laws to collect credit card debts from consumers. One of the largest Chapter X cases Doten presided over involved IMC Industries, Inc., which had 13 airplanes among its assets when an involuntary case was filed against it.

VII. Bankruptcy Reform Act of 1978

Judge Doten was serving on the Legislative Committee of the National Conference of Referees in Bankruptcy when the National Commission was created to study bankruptcy in the United States. This Commission and the Legislative Committee’s work led to the enactment of the 1978 Bankruptcy Code. Although known colloquially as “judges” throughout the years, the increasingly judicial function of the referees was acknowledged by the Supreme Court when it used the term “bankruptcy judge” interchangeably with that of “referee” in the rules of bankruptcy procedure promulgated in 1973.

Chief Judge Boyd and Judge Bailey Brown added a third referee in bankruptcy in 1966. They selected Madison County Judge H. Leroy Pope, whose appointment was approved by the Judicial Council of the Sixth Circuit.

9 Judge Pope moved to Memphis, where he handled a full variety of cases. Pope was born in Jackson, Madison County, on May 8, 1916. He attended Memphis State University and received the LL.B. degree in 1941 from Columbus University School of Law. Pope served one term as Referee and later was appointed Administrative Law Judge for the Social Security Administration, until he retired in 1986. Judge Pope died in Jackson on June 22, 1997. 10 The last of the bankruptcy referees in Memphis was William B. Leffler, who was appointed by Judge Boyd on March 19, 1971, 11 to fill the position made open by the retirement of Judge 8

Charles Edmundson, “Ruling is Asked for Loan Firms,” The Commercial Appeal, August 26, 1967, p. 21.

9

James H. White, “Judge Leroy Pope to Referee Post,” Memphis PressScimitar, February 15, 1966, p. 3.

10

The Jackson Sun, June 24, 1997, p. 6.

11

The Memphis Press-Scimitar, March 19, 1971, p. 10.

Graves. Leffler was later named Chief Bankruptcy Judge for the Western District, a position he held until his death on April 11, 1987.

Judge Leffler was born October 29, 1922, in Memphis, Tennessee. He received his law degree from Southern Law University (now the University of Memphis School of Law) in 1949. He was a part-time lawyer and member of the Chicago White Sox Baseball organization until 1958.

Before his appointment to the bankruptcy bench, Judge Leffler was a Judge for the Shelby County, Tennessee Court of General Sessions from 1958 until 1963, and Trial Judge for the Tennessee State Circuit Court at Memphis from 1963 until 1971. He was an instructor in Criminal Law at the University of Memphis School of Law and contributed articles to the National Conference of State Trial Judges’ Journal and the Memphis State Law Review. Judge Leffler was a member and past president of the Tennessee Judicial Conference; member and past president of the Memphis and Shelby County Junior Bar Association; and member of the Tennessee Bar Association, its Board of Governors, and an instructor for its bar review course.

Judge Leffler was a fourth generation Memphian. As a youth, he was a Golden Gloves Boxer and an All-City Baseball Player at Central High School in Memphis.

He attended the University of Tennessee and served in the United States Army Infantry during World War II, receiving two purple hearts.

Judge Doten announced his retirement in September 1975, to be effective June 1, 1976. The three district judges at the time, Chief Judge Bailey Brown, Judge Robert M. McRae, Jr., and Judge Harry Wellford, selected Criminal Court Judge Odell Horton to succeed Judge Doten. 12 Born in Bolivar, Tennessee, Horton served in the United States Marine Corps from 1946 to 1947 and again from 1951 to 1953. He received a Bachelor of Arts degree from Morehouse College in 1951, where he was a member of Alpha Phi Alpha Fraternity, Inc. and 12

The Commercial Appeal, September 3, 1975, p. 17.

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received a Bachelor of Laws from Howard University School of Law in 1956. He was in private practice in Memphis, Tennessee, from 1957 to 1962. He was an Assistant United States Attorney of the Western District of Tennessee from 1962 to 1968. He was the director of the Division of Hospital and Health Services for the City of Memphis in 1968. He was a Shelby County Criminal Court judge from 1969 to 1970 and was then president of LeMoyne–Owen College from 1970 to 1974, also appearing as a commentator on WREG-TV (CBS) from 1972 to 1974. He was the director of Community Health Services, Mid-South Medical Center Council in Memphis from 1974 to 1976. He then served as a United States Bankruptcy Judge in the Western District of Tennessee from 1976 to 1980. Horton was the first African American to serve on the bankruptcy bench in Tennessee.

On February 27, 1980, President Jimmy Carter nominated Horton to the seat on the United States District Court for the Western District of Tennessee vacated by Judge Bailey Brown. The United States Senate confirmed Horton on May 9, 1980, and he received his commission on May 12, 1980. Judge Horton was the first African American male to serve on a United States District Court in Tennessee. He served as Chief Judge from 1987 to 1994. He assumed senior status on May 16, 1995. Horton served in that capacity until his death on February 22, 2006, in Memphis.

A Merit Selection Panel of the Sixth Circuit filled Judge Horton’s bankruptcy judge position four months after his elevation to the district court bench. 13 David S. Kennedy did not apply for the job when it was announced, but when the initial nominee, Walter Drake of Jackson, Tennessee, withdrew his name, Kennedy’s friends urged him to apply. After graduating from Memphis State University in 1967 and the School of Law in 1970, Kennedy clerked for Judge Robert M. McRae, Jr. from 1970-1971. He also served as chief bankruptcy clerk from 1974 until 1976. When nominations were reopened for the open bankruptcy position in Memphis, the three federal district judges selected Kennedy, and then the merit selection panel of the Sixth Circuit approved him. Kennedy was sworn in on November 24, 1980, and began work immediately. He was the last of our bankruptcy judges to be appointed for a six-year 13

Lynn O’Shaughnessy, “Bankruptcy Panel OK’s Kennedy for Judgeship,” Memphis Press-Scimitar, September 17, 1980, p. 33.

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term. In 1986, the United States Court of Appeals for the Sixth Circuit appointed him to a 14-year term. He was elevated to Chief Bankruptcy Judge in 1988, a position that he held until his retirement in 2021. Judge Kennedy was the longest serving referee or bankruptcy judge for our court, with 40 years of service. Judge Kennedy died November 26, 2023.

After the retirement of Ms. Chism, George W. Stevenson served as Chapter 13 trustee from May 1982 until his retirement in September 2022. He continued to oversee his office until his successor was named. Stevenson is a graduate of Middle Tennessee State University and the Memphis State School of Law. He served as collection counsel for Furniture Center, Inc. before being appointed Chapter 13 trustee by Judges Leffler and Kennedy.

The Bankruptcy Court Clerk’s office moved from the federal building to the medical center on April 16, 1983, when Edward L. Montedonico, Jr. was Bankruptcy Court Clerk.

Judge William Houston Brown was appointed bankruptcy judge in October 1987 to fill the vacancy caused by Judge Leffler’s death. He had already applied for a new position created when the number of bankruptcy judges in the Western District was expanded to three.

William Houston Brown served as bankruptcy judge in Memphis from October 1987 until his retirement on May 31, 2006. Brown was born and raised in Union City, Tennessee. He received his law degree from the University of Tennessee in 1973, where he was Order of the Coif.

He then entered private practice in Jackson, Tennessee.

From 1984 to 1985 he served as visiting professor of law at the University of Wyoming’s College of Law. He is a member of the American Bankruptcy Institute and is a Fellow of the American College of Bankruptcy. He is the co-author of several texts, including Bankruptcy Exemption Manual, 2005 Bankruptcy Reform Legislation with Analysis 1st and 2d editions, Bankruptcy and Domestic Relations Manual and The Law of Debtors and Creditors, as well as bankruptcy form books, all published by Thomson Reuters. He is also a principal contributing editor for Norton Bankruptcy Law and Practice 3rd, published by Thomson Reuters. Judge Brown prepares a quarterly update of consumer cases for the Federal Judicial Center, which distributes those materials to all bankruptcy judges, and he speaks at the

Federal Judicial Center’s annual seminars for bankruptcy judges. He also speaks regularly at seminars throughout the U.S. on consumer bankruptcy topics. Judge Brown is currently the editor and adviser to the Academy for Consumer Bankruptcy Education, the education arm of the National Association of Chapter 13 Trustees. In 2011, Judge Brown received the Excellence in Education award from the National Conference of Bankruptcy Judges, and in 2012, he received the Judicial Excellence Award from the American Bankruptcy Institute and Thomson Reuters Publishing Company.14 The new position was later awarded to Judge Bernice B. Donald, the first African American woman serve on the bankruptcy bench in the United States and the first woman to serve on the Bankruptcy Court for the Western District of Tennessee. Judge Donald served as a bankruptcy judge from 1988 until 1996.

Judge Donald was born in DeSoto County, Mississippi. She received her B.A. (1974) and J.D. (1979) degrees from the University of Memphis. She was in private practice from 1979 until 1980, when she became a staff attorney for the Employment Law & Economic Development Unit, Memphis Area Legal Services. She served as an assistant public defender for the Shelby County Public Defender’s Office from 1980 until 1982.

Judge Donald was elected judge of the General Sessions Criminal Court in Shelby County from 1982 until 1988.

From 1985 until 1988, she also served as an adjunct professor at the Cecil C. Humphreys School of Law. In 1988, she was appointed United States Bankruptcy Judge, and on December 7, 1995, President Bill Clinton nominated her to a seat on the United States District Court for the Western District of Tennessee. The Senate confirmed her on December 22, 1995, and she served on that court until President Barack Obama nominated her to a position on the United States Court of Appeals for the Sixth Circuit. The Senate confirmed her on September 6, 2011, and she received her commission on September 8.

Judge Donald served on the Sixth Circuit until September 27, 2022, when she assumed senior status. Judge Donald retired from active service on January 20, 2023.

14

In 1993, a fourth bankruptcy judge position was created for the Western District. This position was designated for Jackson, Tennessee. Judge G. Harvell Boswell was the first person to occupy this seat. Judge Boswell was appointed bankruptcy judge on November 16, 1993, and served for 19 years until his retirement on June 15, 2012.

Jennie D. Latta was appointed to the position vacated by Judge Donald in 1997. Judge Latta served on the Bankruptcy Appellate Panel from 2003-2007.

Upon the retirement of Judge Kennedy, Judge Latta was appointed to a four-year term as chief bankruptcy judge.

In 2006, it took two judges to replace Judge Brown, when Judges George Emerson and Paulette Delk were appointed. Judge Emerson had been serving as a second Chapter 13 trustee in Memphis. Upon his appointment to the bench, Sylvia Ford Brown was made the second trustee for Memphis. Judge Delk came to the court after serving as professor of law at the Cecil C. Humphreys School of Law. Both Judge Emerson and Judge Delk retired in the summer of 2020—during the midst of the COVID-19 pandemic. Judge Delk’s temporary judgeship was not extended. Judge M. Ruthie Hagan was appointed to the position previously held by Judge Emerson on October 6, 2020.

When Judge Kennedy announced his retirement effective April 2021, Judge Denise E. Barnett was appointed to the position made vacant by his retirement effective November 8, 2021.  Jennie D. Latta is the Chief Bankruptcy Judge for the Western District of Tennessee. On March 6, 1997, she was appointed by the United States Court of Appeals for the Sixth Circuit to succeed Judge Bernice B. Donald. Judge Latta was reappointed to a second fourteen-year term on February 14, 2011, and also served a four-year term on the Bankruptcy Appellate Panel for the Sixth Circuit from 2003 to 2007. The author wishes to thank Rhoda H. Smith and Jennifer McGaugh for their invaluable assistance in the preparation of this history.

Consumer Commission, American Bankruptcy Institute, https:// consumercommission.abi.org; Lesley J. Gudehus, “Judge William Brown Discusses Retirement,” Memphis Daily News (March 30, 2006).

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Bar Scene

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MBA 150th Anniversary Celebration Event

Bar Scene

MBA 150th Anniversary Celebration Event

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SHRM-Memphis named Maureen Holland as HR Labor and Employment Attorney of the Year.

The SHRM Memphis HR Excellence Awards Program annually recognizes individuals and organizations who have displayed excellence at all levels of the Human Resources career field. Maureen is owner of Holland and Associates PC. Memphis Native Claudia Williams Hyman has joined West Tennessee Legal Services as a Pro Bono Staff Attorney. As a member of the WTLS staff, Hyman oversees the case assessment and placement process, working closely with pro bono volunteers to ensure high-quality legal representation.

She leads the development of pro bono clinics, trains staff and volunteers, and plays a critical role in coordinating pro bono services in housing, domestic violence, consumer, public benefits, and re-entry related legal services for thousands of low-income families in Shelby, Tipton, Fayette, and Lauderdale counties. Additionally, she engages in statewide pro bono initiatives and strengthens relationships with private bar attorneys to expand volunteer participation.

Betsy Prendergast has been appointed Interim Executive Director of the Community Legal Center.

Betsy previously served as IJP Staff Attorney, where she showed extreme passion for her clients and advancing CLC’s mission. Before being IJP Staff Attorney, Betsy served on CLC’s Board of Directors for several years and volunteered in multiple capacities.

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Lauran Stimac has joined Evans Petree PC as Shareholder and Chair of the firm’s litigation practice group. For the past 12 years, Stimac practiced at Glassman, Wyatt, Tuttle & Cox PC, where she focused on professional liability. As Chair of Evans Petree’s litigation practice group, she coordinates strategy and support for the firm’s litigators and interfaces with other practice groups to facilitate the provision of a broad scope of client services at the highest level.

Bryce Ashby has written a book!

Immigration policy in the United States is often considered solely from a domestic perspective. In Immigration, Policy and the People of Latin America: Seven Sending Nations, Bryce Ashby and Michael LaRosa detail the push/pull factors of seven nations in the context of the historical and present day relationships between those countries and the United States. At the same time, each chapter reminds the reader through the stories of individuals who immigrated to the United States that the immigration policy debate is a discussion of the lives of real people and families who often take incredible risks for the hope of a better life.

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If you are an MBA member in good standing and you’ve moved, been promoted, hired an associate, taken on a partner, or received an award, we’d like to hear from you.

We will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). Notices are limited to 100 words; they are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to kswan@memphisbar.org.