Tag Archives: court

State Opens First ‘Recovery Court’ for Prisoners

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Next month, in the quiet Morgan County city of Wartburg, the state Department of Mental Health and Substance Abuse Services, along with the Tennessee Department of Correction, will open what the state says is the nation’s first statewide residential Recovery Court, reports the News Sentinel.
The 24-hour, 100-bed facility, which opens its doors Aug. 1, will allow the state to divert people with substance abuse or mental health issues from prison beds, with the hope of halting the cycle of hospitalization, incarceration and homelessness that plagues many.
In a November budget hearing meeting with Gov. Bill Haslam, Mental Health Commissioner Doug Varney laid out such a plan as being a humane and cost-effective way to deal with what he sees as one of the state’s biggest problems. In 2011, he told Haslam, for the first time ever, the state saw more people seeking treatment for narcotics addiction than for alcoholism — and the state’s system was sorely taxed.
“A large number of people in jails … their core problem is really drug abuse,” he said. Such an intensive program could “change their (lives) before they ever get that far.”
TDOC estimates the average daily cost to house a prison inmate at just more than $67. The Recovery Court residential program, even being more service-intensive than existing programs, will cost an average of $35 per person per day, the state said. But it also will, in theory, save money by reducing recidivism — “repeat offenders” — by using “evidence-based” programs “proven to have a larger impact on reducing recidivism.”
The state said studies have shown the recidivism rate for people who participate in such programs is one-third that of those who don’t.
However, it should not been taken as the state going “soft on crime,” TDOC Commissioner Derek Schofield said.
“What it says is that we’re going to place people in the best option to ensure they don’t re-offend. But also, we’re going to make sure we have a prison bed available for people who commit violent offenses that harm our communities,” he said.

Tentative Deal Would Settle Pilot Flying J Rebate Lawsuits

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A federal judge has granted preliminary approval to a proposed settlement agreement between Pilot Flying J and several trucking companies that had sued over allegations of fuel rebate fraud, reports the News Sentinel.
U.S. District Judge James M. Moody signed the order on Tuesday. Several plaintiffs had previously filed a memo in U.S. District Court in Arkansas highlighting a proposed deal that was also supported by the Knoxville-based truck stop chain.
Tom Ingram, a spokesman for Pilot, said Tuesday the company was aware that the deal was being considered by a judge, “but we can’t comment until and if he rules.”
In addition, Nashville attorney Aubrey Harwell, who is representing Pilot, on Tuesday guessed that the total rebates owed by Pilot to all of its customers — not just the plaintiffs involved in the latest settlement — could be as much as $35 million.
A memo filed on Tuesday by attorneys for the plaintiffs in the settlement deal said it was “an extraordinarily good result for the class.”
It said the deal involves full repayment by Pilot of any amount owed, plus 6 percent interest. In addition, Pilot would pay all attorneys fees plus an “incentive award” to each plaintiff.
“All accounts will be audited, and the auditors will be audited, all at the expense of Defendants,” the memo said. “Moreover, Defendants will submit to an injunction to prohibit these underpayments from occurring in the future.”
According to the judge’s order, Horne LLP will review the work performed by Pilot’s auditor in calculating the compensation to be paid to eligible class members in the deal.
Parties to the agreement include National Trucking Financial Reclamation Services, Edis Trucking, Townes Trucking and R&R Transportation….Pilot said that as of Tuesday, it is aware of at least 13 other lawsuits pending in other courts based on substantially similar allegations.

State Appeals Occupy Nashville ruling

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Attorneys representing Gov. Bill Haslam and various state agencies are appealing a recent federal ruling that found the state unlawfully arrested members of the Occupy Nashville group. reports the Tennessean.
According to a notice of appeal filed late last week, the state objects to U.S. District Judge Aleta Trauger siding with the Occupy Nashville plaintiffs.
Trauger wrote that the state “cannot make law by fiat” and that the protesters’ First Amendment rights were violated when they were arrested. The appeal, which will be heard by the Court of Appeals for the Sixth Circuit, will be spelled out in detail in about a month, when the appeal’s legal brief is filed, according to attorney Dawn Jordan, who is representing the state.
Last month, Trauger wrote that state and local agencies made a series of mistakes in the way they handled the Occupy Nashville protesters in the fall of 2011. State officials have held that the Occupy encampment on War Memorial Plaza was a public safety concern, pointing to mounting trash and reports of fights and lewd behavior.

Judicial Nominating Commission completes selections for 3 appeals courts

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News release from Administrative Office of the Courts:
The Judicial Nominating Commission met on June 27 in Chattanooga, June 28, 2013 in Nashville, and June 29 in Jackson to hold public hearings and conduct interviews of candidates for the upcoming Tennessee Court of Criminal Appeals and Court of Appeals vacancies.
After interviewing a total of 35 candidates for the three positions, the commission selected these attorneys for nomination to Governor Bill Haslam for consideration in the following openings. Two panels were forwarded for each vacancy because the governor has the option to reject the first panel and the Judicial Nominating Commission, which by law ceases to exist after June 30, 2013 would not be able to act and select a second panel.
The openings are created by the announcements by Judge Joseph Tipton, Judge Patricia Cottrell and Judge Alan E. Highers that they will not seek retention in the August 2014 election.
The list of nominees is below.

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Judicial Nominating Commission Picks Candidates for ET Seat

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The Tennessee Judicial Nominating Commission on Thursday selected nominees to submit to Gov. Bill Haslam for a position on the Eastern Section of the Court of Criminal Appeals, reports the Chattanooga TFP.
Solemnly arrayed in the Sheraton Read House Terrace Room, 15 applicants made statements before a panel of 15 nominating commission members, who then interviewed each candidate in turn.
Traditionally, the commission submits only one panel of three names for the governor to review. If he rejects those three applicants, members vote on a second panel of names. However, the commission will cease to exist at midnight Sunday when the legislative provisions creating it expire.
“It’s different from what we’ve done historically because the commission sunsets at the end of the month,” said J. Bartlett Quinn, a Chattanooga attorney and commission secretary.
To ensure the commission fulfills its function one last time, the commissioners submitted a second panel of names in the event that Haslam rejects the first three.
The two lists:
Panel A
• Boyd Patterson, assistant district attorney in Chattanooga
• Robert Montgomery, a criminal court judge in the 2nd Judicial District, from Blountville, Tenn.
• Thomas Wright, a circuit court judge in the 3rd Judicial District in Greeneville, Tenn.
Panel B
• William Jackson Brown, a Cleveland attorney
• Charles Edward Atchely Jr., a Knoxville attorney
• Samuel Lee, an attorney in Clinton, Tenn.

Former Sen. Mike Faulk Appointed Circuit Court Judge

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News release from governor’s office:
NASHVILLE – Tennessee Gov. Bill Haslam today appointed Mike Faulk as circuit court judge for the Third Judicial District, replacing Judge Kindall T. Lawson, who retired effective June 1.
“Mike will bring vast experience to the bench,” Haslam said. “He has served his state well in the past, and I know he will serve the citizens of the Third Judicial District well in this new role.”
Faulk, 59, has worked in The Faulk Law Office in Church Hill since 1982. He served as a Tennessee state senator representing Claiborne, Grainger, Hancock, Hawkins, Jefferson and Union counties in the 106th and 107th Tennessee General Assemblies. While serving as a state senator, he was a member of the Senate Judiciary Committee, among other duties.
“I am deeply humbled by the Governor’s confidence in me, grateful for the opportunity to serve the people of East Tennessee and privileged to work with the other judges and court personnel of Greene, Hamblen, Hawkins and Hancock counties,” Faulk said.

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Supreme Court Justice Janice Holder to Retire

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News release from Administrative Office of the Courts:
Memphis, Tenn. – After more than 17 years and many firsts, Tennessee Supreme Court Justice Janice M. Holder will make August 31, 2014, her last day with the state’s highest court.
Justice Holder announced that she is retiring at the end of her current term and will not seek re-election in the August 2014 judicial retention election. She notified Gov. Bill Haslam by letter today.
“It has been my privilege to serve the people of Tennessee as a trial judge and Supreme Court justice – and an honor to have been selected by my fellow justices as the first female chief justice in our state’s history,” Justice Holder said.
Justice Holder, the third woman to serve on the Tennessee Supreme Court, was the first woman to serve as chief justice, a role she held from September 2008 through August 2010. During the Court’s current term, the position of chief justice of the Tennessee Supreme Court has rotated, each chief justice serving a two-year term.

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Report to Court Says DCS Had a Bad Year in 2012

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By Travis Loller, Associated Press
NASHVILLE, Tenn. — An independent monitor for the Tennessee Department of Children’s Services says the agency’s progress in 2012 was disappointing.
The Technical Assistance Committee reports to a federal judge on DCS’ performance as part of a 2001 settlement over the agency’s treatment of foster children.
Among other things, the 2012 report found that workers took too long to make contact with child victims. In the highest priority cases, where children were considered potentially to be in imminent danger, caseworkers made contact within the required 24 hours between about 30 and 70 percent of the time.
The report also found that young people who were aging out of foster care were not being prepared to transition to adulthood.
According to a review of independent living plans:

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Ten Apply for West TN Court of Appeals Seat

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News release from Administrative Office of the Courts:
Nashville, Tenn. – The Judicial Nominating Commission will consider ten applicants when it meets later this month in Jackson to select nominees for the upcoming vacancy on the Tennessee Court of Appeals Western Section.
The opening is the result of Court of Appeals Judge Alan E. Highers informing Gov. Bill Haslam that he will retire at the end of his term, August 31, 2014. Because statutory provisions for the Judicial Nominating Commission expire June 30, 2013, the commission will meet this month to select a slate of candidates for Gov. Bill Haslam to choose from.
The Judicial Nominating Commission will meet Saturday, June 29 in Jackson at the DoubleTree Hotel, 1770 Highway 45 Bypass, to interview and hear public comments regarding the 10 applicants. A public hearing will start at 9 a.m. and be followed by individual interviews of all the candidates.
The commission is expected to make their selections immediately following the interviews. They will send two slates, each with three names, to the governor for his consideration.
Completed applications of all the candidates can be found on TNCourts.gov.

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TN Election Officials to Review U.S. Supreme Decision

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NASHVILLE, Tenn. (AP) — Tennessee election officials plan to review a U.S. Supreme Court ruling that says states can’t demand proof of citizenship from people registering to vote in federal elections unless they get federal or court approval to do so.
The justices’ 7-2 ruling on Monday complicates efforts in Arizona and other states to bar voting by people who are in the country illegally.
Tennessee passed a law about two years ago that allows state election officials to purge noncitizen residents from election rolls.
Anyone listed as a noncitizen and registered to vote has 30 days to present proof of citizenship or be purged from the rolls.
Secretary of State spokesman Blake Fontenay told The Associated Press on Monday that election officials hadn’t seen the high court ruling, but planned to review it to see if it affects Tennessee.