Memphis Lawyer April/May

the magazine of the Memphis Bar Association Vol. 33, Issue 2

Law Week 2016Q & A: Judge Valerie Smith

An Insider’s Look into Jury DeliberationsElectronic Surveillance: The Limits of Law and Good TasteCommemorating the Memphis Riot and Massacre of 1866

THIS ISSUE:

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Law Week 2016Q & A: Judge Valerie Smith

An Insider’s Look into Jury DeliberationsElectronic Surveillance: The Limits of Law and Good TasteCommemorating the Memphis Riot and Massacre of 1866




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Volume 33, Issue 2

FEATURES

8 Law Week 2016

9 Bench Bar Reminiscences

12

An Insider’s Look into Jury DeliberationsBY CHIEF MAGISTRATE JUDGE DIANE K. VESCOVO

14 Electronic Surveillance: �e Limits of Law and Good TasteBY THE HONORABLE BOBBY CARTER AND THE HONORABLE JOHN W. CAMPBELL

COLUMNS

6 President’s ColumnBY SHEA SISK WELLFORD

10 Memphis Bar Foundation in Practice: MAARS

11 BY LAURIE CHRISTENSEN

DEPARTMENTS 18

BY DEAN DECANDIA

30 People in the News

34

�e CLC & Its Clients

BY JOE DUNCAN

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

Q & A: Judge Valerie Smith

Commemorating the Memphis Riot and Massacre of 1866

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17

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MEMPHIS LAWYERthe magazine of the Memphis Bar Association

2016 MBA Officers

Shea Sisk WellfordPresident

Dean DeCandiaVice President

Earle SchwarzSecretary/Treasurer Past President

2016 Board of Directors

MBA Publications Committee

Karen CampbellDean DeCandia

Nicole GridaSean Hunt

Kim KoratskyGigi Gaerig McGown

Harrison McIverJared RenfroeEllen Vergos

Mary WagnerMason Wilson

145 Court Ave.Suite 301

Memphis, TN 38103Phone: (901) 527-3573

Fax: (901) 527-3582www.memphisbar.org

Bar Association, Inc. that publishes six times each If you

are interested in submitting an article for publication or advertising in an upcoming issue, contact Anne Fritz at 527.3575; [email protected]

or article submitted for publication. MBA STAFF

Anne FritzExecutive Director

Lesia BeachCLE/Sections

Director

Charlotte GeanExecutive Assistant/

Membership Coordinator

Katherine NewsomCommunications and Membership

Director

.

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

E-mail Katherine Newsom at [email protected].

Mike Adams Jeremy AlpertMegan Arthur Lara Butler Betsy Chance Annie Christo� Jennifer HagermanDoug Halijan Jonathan HancockMaureen Holland Earl HoustonCarrie KerleyAndre Mathis

Gigi Gaerig McGownAsia Diggs MeadorElijah Noel, Jr. Lisa OverallJill Steinberg

Section Representatives Imad AbdullahStuart Canale Maggie CooperAnne DavisSean Hunt Toni Parker

ABA DelegateDanny Van Horn

AWA RepresentativeJodi Runger

NBA Representative Felisa Cox

Law School Representative Elizabeth Rudolph YLD PresidentJonathan May















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COLUMNby SHEA SISK WELLFORD

PRESIDENT'S

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

― Desmond Tutu

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

Consider the story of Juror Number 4. When seating a jury, one of our federal court judges, like a number of judges, engages the venire in an e�ective exercise designed to uncover implicit biases. Before the attorneys address the venire, the judge asks them a series of questions. One of those questions involves assigning a number to each party and attorney, and asking a poten-tial juror to identify, by number, lead counsel for the plainti� and lead counsel for the defendant. In my case, Juror Number 4 identi�ed my younger, male associate as lead counsel for our client. �e judge then asked lead counsel for each side to stand. Surprise registered on the potential jurors’ faces when I stood instead of my colleague, and the episode was fodder for some good-natured joking within my �rm after trial. It also caused me to think about how the language we use rea�rms or challenges implicit biases that we all hold.

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

Devising a means to force the use of bias free language is one way to address the issue, and likely the only e�ective avenue available to African American attorneys at the time. Today, how do we continue to a�rm or negate implicit biases in our conversations and writings? An excellent example of suggested usage to ensure that communications are inclusive, rather than exclusive, is set out in the Memphis Bar Association’s Guidelines for Bias-Free Conduct, which can be found at memphisbar.org/build-your-practice. By consistently using inclusive language, we enforce a conscious and subconscious bias towards inclusiveness. Another avenue to address implicit (and explicit) bias is to talk about those issues in open dialogue among ourselves and the public, both on an individual basis and on a larger scale. During Law Week, the Memphis Bar Foundation is providing such an opportunity to Memphis attorneys and the public. On May 2, 2016, the Foundation will host a luncheon with featured speaker Bryan Stevenson, American lawyer, professor, social justice activist, founder of the Equal Justice Initiative, and author of the best-selling book, Just Mercy, who will give a talk titled “�e Memphis Massacre: Precursor to the Fourteenth Amendment.” I hope you will join me for the luncheon as well as other Law Week events scheduled that week. For more information on Law Week, visit memphisbar.org/blog/law-week-2016.








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Law Week2016

April 29 Law Week Launch Party 5:00-7:00 pm, Court Square (rain date: May 6)�is free event features music, Central BBQ, beer, wine & soft drinks - and an ice cream truck and face paint-ing for the kids! All members of the legal community are welcome - bring your kids and dogs.

May 2Naturalization Ceremony 10:00 am, Cannon Center May 2The Memphis Massacre: Precursor to the 14th Amendment11:30 am - 1:00 pm, Peabody Continental BallroomLuncheon sponsored by the Memphis Bar Foundation featuring Bryan Stevenson commemorates the 150th anniversary of the Memphis Massacre, which resulted in the passage of the 14th Amendment. Tickets are $75 per person; a table of 10 is $750. Proceeds bene�t the MBA’s Summer Law Intern Program for minority high school students.

May 3 “How to Do Good When You Don’t Have a Clue” 1:30-4:45 pm, MBA O�cesSponsored by the MBA Access to Justice Committee. Learn how to handle the most common issues arising at the Saturday Legal Clinic.

May 5 Annual Memorial Service 12:00 noon, Calvary Episcopal Church�e Memorial Service honors lawyers and judges who have died during the past year. For a list of honorees, memphisbar.org/blog/memorial-service-honorees.

History of Law Day

President Dwight Eisenhower established the �rst Law Day in 1958 to mark the nation's commitment to the rule of law. In 1961, Congress issued a joint resolution designating May 1 as the o�cial date for celebrating Law Day, which was subsequently codi�ed (U.S. Code, Title 36, Section 113). Every presi-dent since then has issued a Law Day proclamation on May 1 to celebrate the nation's commitment to

the rule of law and every year, the Memphis Bar Association celebrates with an entire week of events!

Bench Bar Reminiscences by Joe Duncan

�e �rst meetings of the Bench and Bar were less organized, much smaller in attendance, and only for the “hard core” trial bar. I would estimate that only 35 to 50 people attended the �rst one at Pickwick. Since we had no CLE requirements, we just had some sessions devoted to issues that were of interest of all of us, i.e. increasing the speed at which a case could advance from �ling to trial, improving discovery, trial practice, and, of course, camaraderie. Keep in mind that we were just getting accustomed to the transition from the “common law” form of pleadings to the codi�ed form found in the Tennessee Rules of Civil Procedure. �e older lawyers (yes, older than I) did not accept the new rules well. I had attended a seminar at the Peabody Hotel on the new civil procedure rules that were about come into e�ect, and just about ALL of the trial bar was in attendance, many kicking and screaming that the legislature had “legislated them into ignorance.” Even the sitting judges and chancellors were violently opposed to the changeover. At the beginning of the seminar, Chancellor Charles Rond was asked to say the open-ing prayer (yes, we prayed back in those days). He stood up and said, “If it all the same to you, I would just as well have the Lord not know I was here.” �en, he sat down. �at was our prayer! Back to Pickwick. �ose in attendance were Jim Causey, David Caywood, Jim Manire, Tom Prewitt, Frank Glankler, Max Shelton (I think), Joel Porter, John McCarroll, Joe Duncan and another few lawyers who had a pretty fair trial practice. �e judges who attended were �arpe (who came to all of them), VorderBruegge, Charles Nearn (Court of Appeals), Will Doran (Chancellor).

We went to the seminars in the morning, and in the afternoon, we sat by the pool, played golf, hiked, or just drank. �ere was a lot of drinking back in those days. While I am not much of a drinker now, all of us imbibed to a large extent back then. As a group, we were extremely close with each other. Now, through the passage of time, the trial bar has gotten so large that we don’t know everyone AND we are not as friendly with each other as we once were. Back then, we handled everything over the phone. �ere were no faxes or emails, and we did not need to con�rm our conversa-tions with a letter. In a pro bono case I had recently, I �led an answer for a pro bono client and appeared ready for the jury trial only to �nd that the other lawyer had appeared without any notice to me about one month earlier and non-suited the case. I showed up with the client and witnesses for nothing. Needless to say the judge and I were “chapped.” When I asked the lawyer about it the next day, she said that she did “not think about telling me.” Is the Bench Bar Conference still relevant? Absolutely. Had this lawyer attended the B&B conferences, she would have learned that we lawyers may practice law with di�erent styles, but we are expected to treat others lawyers with respect and with the Golden Rule in mind. �e B&B conferences promote a closeness among lawyers whether 35 or 200 attend. In my opinion, the CLE training is only secondary, and the camaraderie is primary.

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

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

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

Where was it held?Be the �rst to email Anne Fritz at [email protected] and receive $25 o� the

Bench Bar registration fee. Watch out for more opportunities to win!

10

Memphis Bar FoundationIn Practice:

MAARS

MARRS is a faith-based intervention program that inter-venes in the lives of juvenile o�enders by providing mediation services, community service & service learning projects, character development and leadership classes, mentoring opportunities, career planning, education enrichment, and expungement assistance. �e program is a collaborative initia-tive between MARRS of the Memphis Leadership Foundation and Juvenile Court of Memphis and Shelby County.

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

A recent study conducted by the National Institute of Justice found that at least 57% of juvenile o�enders will continue to o�end 7 years after their 18th birthday without intervention. Our program model o�ers opportunities of forgiveness and reconciliation through mediation services, community service, and service learning projects to restore faith in the community and rebuild damaged relationships. �e character development and leadership classes, education enrichment, career planning, and mentoring opportunities rescue the youth from environmental habit forming agents. �ese agents usually guide their decision making until protective factors within the program components of the MARRS program are implemented.

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

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

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

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

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The CLC & Its Clientsmake pro bono experience priceless

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

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

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

Over the years, I’ve taken other CLC cases and have found all of them educational and personally rewarding. Ms. Byrd was severely abused by her husband, to the point of leaving her face dis�gured. I’ll always remember the relief and gratitude she felt when we were able to �nalize her divorce. Ms. Conley got some security for herself and her children when we got her divorced from her absent, long-distance trucker husband.

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

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

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

Volunteering with the CLC has also helped me professionally. �e cases I’ve taken through the CLC have dealt with family law issues, an area I don’t practice in professionally. �is provid-ed the opportunity to expand my professional network, reaching out and getting advice from friends and colleagues in the Association for

Women Attorneys who practice in the area. I’ve seen how generous other lawyers are with their time and expertise.

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

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

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

If someone is said to be the judge, jury, and execution-er, it means that they are in charge of every decision made.1 If you select a judge to serve as your juror, he or she may likely become the judge, jury, and executioner in your case! �at was my experience. On June 15, 1995, I was appointed as a United States Magistrate Judge for the Western District of Tennessee and have served in that position for the past 20 years. Since the time I was selected to be a United States Mag-istrate Judge, I have had the opportunity twice to perform my duty as a citizen and serve as a juror, once in April 1995 and again in November 2009. Both were civil trials in Circuit Court, the �rst a slip-and-fall case against Walmart and the second an automobile accident case. Both times I was elected foreperson. In 1995, I had been selected as a judge but not yet sworn in, but at the time of my service in 2009, I had been a federal judge for over fourteen years. Federal judges are not exempt from jury service in state court in Tennessee. When I received the summons for jury service in 2009, like every seasoned lawyer, I chose �anksgiving week, thinking that there would be no jury trials set for the three days before �anksgiving even though I was ever mindful of my civic duty to serve. As it turned out, there were two jury trials set that week – one criminal and one civil. Although there were over 200 prospective jurors assembled that Monday morning, I was called for the �rst panel for the civil case. Our then jury Commis-sioner Kit Carson assured me that I would not be chosen because I was a judge and would soon be dismissed. Little did he know! Upon arriving in Judge Kay Robilio’s courtroom, I was again lucky enough to be called as one of the twelve jurors to be seated in the jury box. Still thinking that the lawyers would quickly strike me, I eagerly answered all their questions during voir dire. Yes, I knew all the lawyers. Yes, I knew Judge Robilio; she and I had gradu-ated from law school together in the same class. I even knew the court reporter; she often covered hearings in my courtroom. And yes, despite knowing the lawyers and judge, I could still be fair and impartial because that’s what I did every day for a living. To my surprise, none of the lawyers struck me. (To this day, I still

wonder what the lawyers were thinking!) �e case arose out of a three-car rear-end collision where cars heading west on Poplar merge o� Poplar to enter Union Avenue. �e plainti� was in the �rst car and had come to a stop to wait for tra�c to clear in order to merge onto Union. He was struck by car number two at some point, which, in turn, was struck by car number three at some point. As the trial progressed, it quickly became apparent to me from testimony read into evidence and bench conferences (that I tried not to listen to but still overheard) that this was an appeal from General Sessions court. It was also clear to me that the plainti� had prevailed in the lower court, and the real dispute was between the two defen-dants as to which one was at fault. After the case was submitted to the jury on the second day of trial and we retired to the jury room, the �rst order of business was selection of a foreperson. Other than to remind my fellow jurors of our task, I tried to remain silent to see how the process evolved. In both cases, however, one or more of my fellow jurors quickly suggested that I serve as the foreperson because I was more knowledgeable than anyone else about the law and how to proceed. In the second case, because it was two days before �anksgiving, I quickly agreed to serve as the foreperson thinking that I could structure the deliberations in order to expedite the process. After all, I had out-of-town company arriving the next day, and, like every other juror, I would rather have been at home preparing for �anksgiving. �e �rst hurdle I encountered was convincing the jury to begin deliberations before taking an early lunch break. It was my thought they we could reach a verdict in a relatively short time before lunch which, in the end, proved to be true. Next, I had to decide whether to have a brief or extended discussion before polling the jurors or just to take an initial vote. I chose to have a brief discussion �rst in order to give jurors an opportunity to express their views, if they wished, and then proceeded to take a vote. After the initial vote, it was clear that our jury agreed the plainti� was not at fault and was entitled to damages.

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�e more di�cult question was not the allocation of fault between the two defendants but deciding the amount of damages to award the plainti�. Several jurors did not want to award any damages because the plainti� was not seen or treated by a doctor before contacting an attorney. (By the way, the same issue arose in the �rst jury case.) One or two other jurors wanted to award an amount substantially higher than the plainti�’s medicals. By using mediation techniques, I managed to facilitate reaching a range of damages. (I must confess I did share my belief that this was a general sessions appeal and by �ling initially in General Sessions court, the plainti� was not seeking more than $25,000.) Even though we had been instructed not to reach a “quotient verdict,” at some point, one juror suggested that we each just write down an amount and determine the average amount. I quickly vetoed that suggestion but wondered if the jurors under-stood the term “quotient verdict.” Ultimately, the jurors agreed to award the plainti� his medicals on the theory that the doctor would not have treated the plainti� if the plainti� did not need the treatment. Before taking a lunch break, we reached a verdict and awarded the plain-ti� approximately $8,000 and allocated fault between the defendants. After we returned our verdict and were discharged, the lawyers were waiting for us with questions, and, in turn, I had questions for them. As I had surmised, the plainti� had prevailed in General Sessions Court, and the defen-

dants had appealed. According to the plainti�’s attorney, the General Sessions judge had awarded the plainti� approximately $10,000. My jury was not far o� the mark. In general, all the jurors in both cases actively partici-pated in the deliberations with one exception. In my �rst case, one juror immediately announced that he had worked all night, he thought the defendants were liable, and he asked me to wake him up when we were ready to decide how much money to give the plainti�. Do jurors understand the judge’s instructions on the law? Not all the time. In my �rst jury case, the slip and fall case, one juror insisted that the judge had said that premise owners were insurers of their premises. She also claimed that she had written it down somewhere just to be sure. After much discussion, I was able to convince her and the other jurors that she had not heard correctly and that the judge had said that premise owners were NOT insurers of the premise. Overall, serving as foreperson of two juries gave me the unique opportunity to have an insider’s view of jury deliberations. But, respectfully, in my opinion, having a judge serve as juror results in basically a bench trial.

1www.usingenglish.com/reference/idioms/judge%2c+ju-ry+and+executioner.html).

14

ELECTRONIC SURVEILLANCEThe Limits of

LAW & GOOD TASTEBy The Honorable Bobby Carter and The Honorable John W. Campbell

A marriage is on the rocks. �ings may not be going as smoothly as they once did. Suspicions arise. Maybe the bonds of matrimony have become frayed to the point that the parties are now obtaining legal counsel. Or possibly, a divorce has been �led and months of negotia-tion have not produced an agreeable resolution. Increas-ingly, individuals are looking at anything to give them an “edge” or a “bargaining chip” in the dissolution of their marriage. Electronic eavesdropping, spying or just plain snooping around are seen as a means of self-help to some individu-als who �nd themselves in these situations. If we are lucky, the client will come to us for advice before employing such drastic measures. When they do, we need to be prepared to answer their questions. Many attorneys who regularly practice family law already incor-porate admonishments or instructions on a variety of behaviors as part of their standard client intake instruc-tions. If not, they should probably consider doing so. How did we get here?At one time electronic surveillance was not regulated and was not deemed a violation of the 4th Amendment unless the government actually intruded on the defendant's premises.1 Over time Congress and the courts began to increase protec-tions against electronic surveillance. At �rst these restrictions only applied to actions in federal court.2 �en in 1967 the United States Supreme Court reversed a state conviction under New York law and found that the wiretap violated the 4th Amendment.3 After Berger, and Katz v. United States, 389 U.S. 347 (1967), Congress acted to create legislation regulat-ing electronic surveillance. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 is the framework for all electronic surveillance legislation adopted by the states. Title 39 Chapter 13 Part 6 of the Tennessee Code Annotated sets out the criminal parameters of electronic surveillance.4 One of the most frequently asked questions is, “Can I record my own phone calls with my ex (or soon to be ex)?” Having a record of statements or agreements or possibly even threats is a useful tool at times. �e simple answer is, “Yes”. In the case of Stroup v. State, 552 S.W. 2d 418 (Tenn.Crim.App. 1977),

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

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

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

Two Tennessee cases illustrate what is and what is not legal. In Mims v. Mims, 780 S.W.2d 739 (Tenn.App. 1989), the husband in a divorce proceeding followed his wife out to the garage and proceeded to listen to her have a phone conversa-tion. �e husband took a tape recorder and taped his wife's side of the conversation. As the conversation continued, the husband pushed another tape recorder under the chair his wife was sitting in and taped her side of the conversation. During the divorce proceeding the husband sought to intro-duce a transcript of the wife's conversation. �e wife objected saying that the secret taping of her conversation was an illegal wiretap.

15

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

What about computers and electronic mail? After 1986, Title III was amended to include computers and electronic mail. Tennessee's statute has also been expanded to cover this material. With the expansion of the use of computers by practically everyone and the proliferation of spyware, persons have the ability to eavesdrop on computer communications. �is will show up in court cases involving divorce, business disputes, patent cases and such. In Klumb v. Goan, 884 F.Supp. 2d 644 (E.D. Tennessee 2012), a former husband sued his former wife for violating Title III. �e plainti� found that his former wife had installed spyware on his computer and was accessing his email and also monitoring his computer usage by a keylogger and brought suit alleging that his electronic information had been "intercepted" in violation of Title III and the Tennessee statute. �e defendant argued that his was not an interception of the material in transit over the Internet and therefore was not a violation of Title III. �e Court held that the defendant violated Title III by using the router switching analysis in that when an email is automatical-ly routed by spyware to a third party computer, an illegal wiretap has occurred.6 It is not a violation of the law for parents to monitor the computer usage of minor children.7

T.C.A. §39-13-606 covers the electronic surveillance of motor vehicles. Under the statute it is illegal to attach a tracker to a car to monitor where that car travels unless all the owners of the vehicle consent. �ere are exceptions including parents monitoring where their minor children are going in the family car and trackers whose sole purpose is to aid in theft recovery.

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

Notes: 1 Olmstead v. United States, 277 U.S. 438 (1928). 2 Nardone v. United States, 302 U.S. 379 (1937), Benanti v. United States, 355 U.S. 96 (1957). 3 Berger v. New York, 388 U.S. 41 (1967). 4 T.C.A. §39-13-601- 610. 5 T.C.A. §39-13-601. 6 T.C.A. §39-13-602.7 Klumb at page 661. 8 T.C.A.§39-13-601(d).

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

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

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

Tennessee’s DFZL (TENN. CODE ANN. § 39-17-432) aims to deter drug activity away from youth by requiring enhanced and mandatory minimum sentences for criminal drug-law violations within one thousand feet of any school, child care agency, public library, recreational center, or park. On its face, such a law seems perfectly reasonable and suitable for provid-ing special protection to our youth. But in this general-ized assumption lays a problem. Statistical research demonstrates that when the “bu�er zones” employed under DFZLs are not adequately tailored to a state’s needs, the primary deterrent value of the law is often rendered ine�ective and disparate impacts on minority and lower-income communities are furthered. For example, consider urban areas or other densely populated sections of a municipality. �ese areas generally retain more schools, parks, and the like, meaning more drug-free zones per square mile. As the zones per square mile increase, the super-criminal-ized areas begin to overlap until entire communities are turned into giant, unbroken, drug-free zones. �e over-lapping zones create a blanket so large that any incentive to avoid participating in drug activity near the

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

So, what should we do? Tennessee needs to investigate for shortcomings in its DFZL. �e state’s legal commu-nity has voiced and continues to voice opposition to the current construction of the law, and with recent �ndings calling into question substantively similar DFZLs in jurisdictions akin to Tennessee, the concern is well warranted. Many other states already reviewed their drug-free zone legislation, found substantial defects, and made bene�cial corrections to their law. �at path, if taken by Tennessee, can provide the bene�t of ensuring our DFZL adequately protects our vulnerable youth. Such a realization however, is impossible without proper investigation. How to �x our DFZL is a fact-speci�c question, and while other jurisdictional studies provide guidance on the issue, the answer depends upon the types of defects unearthed by a thorough statistical anal-ysis and practical consideration of Tennessee and its DFZL. Ultimately, the circumstances demand that the Tennessee General Assembly and social engineers of this state take legislative and investigative action to ensure the children of our community are as safe from illegal drug activity as possible.

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

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

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

by Devon C. Muse




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17

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

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

What was the appointment process like for you?

�e appointment process was one �lled with learning. I would encourage anyone who is interested in taking the bench to read the application for appointment. I realized when answering the questions that my desire was to shift my career back to one that is service driven. Having left the District Attorney’s o�ce more than ten years ago, I am happy to be back in a service role. In all, I very much enjoyed the process. �e Gover-nor’s Council for Judicial Appointments was diligent while also being kind. I can say the same for his o�ce. I conveyed to Governor Haslam in my interview that I was grateful to have been considered regardless of his choice. Obviously, I am very pleased with his decision.

What has the transition been like for you?

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

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

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

di�erent personalities and ideas, I am prepared to do all I can to accommodate both lawyers and litigants in a timely fashion. �at will increase access to justice for everyone.

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

Having been a law clerk and practiced extensively in Circuit Court, I can’t say that I am necessarily surprised by anything. Obviously making decisions rather than acting as an advocate for one side is di�erent. I have learned thus far that many lawyers have di�erent styles than I might have had or that I

have seen before. �ere are many ways to be an e�ective advocate.

How important is the Circuit Court to the community?

�e Circuit Court is enormously import-ant in the community. Decisions made here through both jury and bench trials a�ect the lives of citizens throughout Shelby County. It is essential that all jurists in Shelby County take serious the responsibility associated with making

life-changing decisions and presiding over trials that do the same.

Prior to your appointment, where were you practicing?

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

Do you have any suggestions for young lawyers?

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

Q&A: Judge Valerie Smith




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

18

THECOURT REPORT

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

by DEAN DECANDIA

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

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

1. STATE V. MARIO CORADO: Trial from Feb 22 to 24. Indicted for Statutory Rape. Verdict: Guilty as indicted. Prosecution: Muriel Malone. Defense: Robert Amann.

No jury trials to completion this period.

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

1. STATE V. KATHERINE TAYLOR: Trial from Feb 29 to Mar 4. Indicted for Criminal Attempt: 1st Degree Murder. Verdict: Guilty as indicted. Prosecution: Marianne Bell. Defense: Leslie Ballin.

No jury trials to completion this period.

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

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

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

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

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

COURT JUDGE VERDICT

DIV. I

DIV. II

DIV. III

DIV. IV

DIV. V

DIV. VI

DIV. VII

DIV. VIII

DIV. IX

DIV. X

SKAHAN

WRIGHT

CARTER

BLACKETT

LAMMEY

CAMPBELL

COFFEE

CRAFT

WARD

BEASLEY

19

In the spring of 1866, Memphis was a powder keg wait-ing to explode. Freed slaves had swelled the city’s popula-tion to 40,000; white citizens were cha�ng under the control of the federal government and uncertain about their future; and pro-Confederate newspapers stoked their fear by highlighting every instance of crime or violence committed by the newly freed slaves. All of this was a backdrop to the burning question of the day: “How and under what conditions were the former Confederate states to be re-admitted to the Union?” �e powder keg exploded on May 1, 1866 when four white police o�cers were sent to break up a group of black soldiers of the �ird United States Colored Heavy Artil-lery Regiment, who had just been mustered out of the army on April 30. Tension escalated as the soldiers refused to disperse; the four o�cers retreated and called for reinforcements. �e soldiers gave chase and gun�re broke out. A force of city police o�cers, most of them Irish immigrants, and angry white Memphians assembled to engage the soldiers, but by then, the soldiers had been ordered back to Fort Pickering. Finding no soldiers, the mob burned black homes, schools and churches as well as attacking black men, women and children. �e violence continued until the afternoon of May 3 when General George Stoneman, commander of the federal forces in Memphis, declared martial law and restored order by force. When the violence ended, 46 blacks and two whites had been killed, 75 persons (mostly black) injured, over 100 persons robbed, 5 black women raped, and 91 homes (all but two held by blacks) and all black schools and churches burned. In the aftermath, investigations were held by the Freedmen’s Bureau and Congress. However, no criminal

proceedings took place against the instigators or perpetra-tors of the atrocities as the United States Attorney Gener-al, James Speed, ruled that judicial actions associated with the riots fell under state jurisdiction. State and local o�cials refused to take action, and no grand jury was ever convened. News of the riot and massacre spread across and horri-�ed the nation. As a result of the riot and massacre, the black population of Memphis decreased by 25% between 1865 and 1870 as many freedman permanently relocated from the city. �e events in Memphis and a similar incident in New Orleans in July 1866, increased support for Radical Reconstruction. Radical Republicans swept the congressional elections of 1866, obtaining a veto-proof majority, and subsequently passed several key pieces of legislation including the Reconstruction Acts, Enforcement Acts and the 14th Amendment to the U.S. Constitution. Memphis is playing a leading role in commemorating the 150th anniversary of these events. While the Ameri-can Civil War has been commemorated for over a century, and the 150th anniversary celebration was completed last year, Reconstruction has never been commemorated, according to Timothy S. Good, Superintendent of the Ulysses S. Grant National Historic Site, National Park Service, in St. Louis. “Starting this year, at Memphis, that changes,” he continues. “For the �rst time in American history, a Reconstruction event will be commemorated and the �rst one to receive that attention will the 1866 Memphis Massacre. When historians write of the sesqui-centennial of Reconstruction, the �rst chapter will be entitled ‘Memphis’”.

�e National Park Service, the Memphis Branch NAACP, the Ben F. Jones Chapter of the National Bar Association, and the Memphis Bar Foundation have joined together to o�er several commemorative events:

May 1, 2016 – Historical marker dedication service 3:30 pm at the National Civil Rights Museum

May 2, 2016 – Luncheon sponsored by the Memphis Bar Foundation from 11:30 am to 1:00 pm at the Peabody Hotel: “�e Memphis Massacre: Precursor to the 14th Amendment” featuring Bryan Stevenson, Founder & Executive Direc-tor of the Equal Justice Initiative and Professor of Law at New York University School of Law. Tickets are $75 per person or $750 for a table of 10. Proceeds bene�t the Memphis Bar Association’s Summer Law Intern Program for minority high school students. For more information, contact [email protected].

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

Commemorating The Memphis Riot and Massacre of 1866

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20

Text Approved by Tennessee Historical Commission

Memphis Race Riot of 1866“�e Memphis Massacre”

On May 1, 2, and 3, 1866, an estimated 200-300 white people, the great majority of whom were Irish immigrants, including many policemen, attacked recently-emancipat-ed black people. At least 40 blacks were murdered, dozens more wounded, several black women were raped, and many others robbed. Rioters burned numerous black churches, schools, and houses. Federal troops still stationed in the city restored order on May 3. No one was prosecuted in connection with the riot, which was characterized by several newspaper accounts and a Congressional committee report as a “massacre.”

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

Memphis Branch NAACP’s Proposal

1866 Memphis Massacre

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

“The past is never dead. It’s not even past.”

– William Faulkner

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

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







(501) 850 - 8888 | (501) 850 - 8889 fax


(901) 201-9668(501) 850 - 8888



Pembroke Square

Commemorating the 1866 Memphis Massacreby Phyllis Aluko

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

When I discovered that no historical marker had been erected to honor the victims of the massacre whose sacri�ces helped our nation to realize that citizenship by birth; the privileges and immunities of citizenship; due process and equal protection of the laws are all worthy of constitutional protection, I decided to remedy that omission before the 150th anniversary of the Memphis Massacre. I immediately found a ready partner in the Memphis Branch NAACP and later in the National Park Service. �e initial application for the historical marker was submitted to the Tennessee Historical Commission in July 2015 and later approved by its Historical Monuments and Markers Committee with one dissenting vote. However, the dissenter substantially rewrote the proposed marker text and carried his objections to the October meeting of the full commission. �e full commission decided to adopt the dissenter’s substantial rewrite over the objections of the Memphis NAACP. �e Memphis NAACP lodged an o�cial written objection to the Commission’s actions along with letters of support from two noted historians—Dr. Beverly Bond and Dr. Stephen Ash. Several months later, we were noti�ed that during its upcoming February meeting, the full commission would be...

Characterizing the Deplorable: Riot or Massacre? by Sam D. Elliott

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

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

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

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







(501) 850 - 8888 | (501) 850 - 8889 fax


(901) 201-9668(501) 850 - 8888



Pembroke Square

Memphis Branch NAACP’s Proposal

1866 Memphis Massacre

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







(501) 850 - 8888 | (501) 850 - 8889 fax


(901) 201-9668(501) 850 - 8888



Pembroke Square







(501) 850 - 8888 | (501) 850 - 8889 fax


(901) 201-9668(501) 850 - 8888



Pembroke Square

23

MALSCORNER

At the end of each year, the MALS Board, sta� and volunteers re�ect upon the organization’s challenges and successes. In an e�ort to ensure transparency in our operations, we welcome every opportunity to communicate with our donors, support-ers and stakeholders. �e attorneys, paralegals, and other professionals who read this publication make up our largest constituent with whom we are excited to share our accomplish-ments.

Although securing funding for our programs is always a prior-ity, MALS has excelled at utilizing �nite resources to accom-plish meaningful outcomes. As the largest provider of civil legal services to primarily low-income individuals in its service area, our �rm has been adept at providing opportunities to the private bar to participate in pro bono and other volunteer activ-ities. Legal professionals in Shelby, Fayette, Lauderdale and Tipton counties, through their volunteerism, complementing the work of our dedicated and talented sta� have enabled us to assist thousands of clients that would otherwise go unrepre-sented without a robust private attorney involvement program. During 2015, MALS has been involved in several pro bono initiatives including a faith-based summit at Christ United Methodist Church, the Alternative Spring Break pro bono outreach program with the University of Memphis Cecil C. Humphreys School of Law, and the Tennessee Bar Association’s (TBA’s) Corporate Counsel Pro Bono Initiative. MALS has also continued to co-host Saturday Legal Clinics with the Memphis Bar Association (MBA) and the Tipton County Bar Association. MALS and the MBA also sponsor the Courthouse Advice and Counsel Clinic near General Session Court in the Bailey Courthouse.

In addition, we continued to expand our capacity to serve special populations. �e Supportive Services for Veteran Fami-lies (SSVF) program helped more than 130 veteran households gain housing stability. We also assisted those families with a number of legal issues including securing bene�ts to which they are entitled, addressing mortgage and landlord/tenant disputes, and resolving child custody and consumer issues. MALS’ Partnership for Educational Advocacy and Parity (PEAP) program, funded with an Assisi Foundation grant, provides training to lay advocates in the areas of special educa-tion and disability law. One of MALS’ highest pro�le cases

originated from this program. Our attorneys successfully argued this case before the Sixth Circuit Court of Appeals. Fair housing, foreclosure mitigation and landlord/tenant law are among the priority areas in the Memphis Fair Housing Center (MFHC). Attorneys in this practice unit provide repre-sentation to clients who are facing the loss of their homes and rental apartments. In two separate cases, MALS provided repre-sentation to two large groups of tenants who were being displaced from their respective apartment complexes. �e sta� worked tirelessly to interview a�ected families and attain legal remedies that would place them in the best position to main-tain their housing or relocate in an orderly and less disruptive fashion. As the enforcement agency of the City of Memphis and Shelby County, the MFHC employs numerous advocacy tools to address discrimination but as a preventative strategy, provide education and outreach to landlords and tenants alike. As a result of funds that have been allocated through the Tennessee Attorney General’s o�ce, MALS will continue to dedicate itself to preserving families’ most valuable assets, their homes and places to live. MALS is a partner in two additional important resources in our community. MALS has two sta�- an attorney and paralegal, assigned full time in the Shelby County Family Safety Center, which is a one-stop location to address domestic violence and abuse. Similarly MALS has an attorney fully involved in the Plough Foundation initiate to eliminate elder abuse in our community.

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

Because MALS strives to be a good steward of its �nances, the �rm continues to receive unquali�ed (clean) audit opinions annually from its independent auditors �e Legal Services Corporation (LSC), a chief funder of our services, conducted a comprehensive visit and a�rmed that MALS’ operational standards, client legal assistance and representation, and programmatic integrity were of a high quality. Similarly, the LSC O�ce of Inspector General echoed a similar �nding that MALS was one of the best �scally- managed grantees in the country.

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

MALS CONTINUES ITS MISSION OF PROVIDING EXECELLENCE IN LEGAL

ADVOCACY FOR THOSE IN NEEDBy HARRISON D. MCIVER III, EXECUTIVE DIRECTOR/CEO

To continue this article, visit memphisbar.org/news-publications/memphis-lawyer-magazine

co unseloncall.com I 866.487.7319

Experienced Lawyers On Demand

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We are a proud supporter of the Memphis legal community.







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VISIONARIESContributions of $25,000 or more

LEADERSContributions from $400-$

Gary E. Veazey, Esq.999 Geoffrey and Marci Hirsch

Tillman Carroll, Esq. Timothy A. Beacham, Esq.

Norah and Mary Payne; Sell andJessie Mae Jackson

S. Newton Anderson, Samuel T. Ivy, Esq.

Baker Donelson Bearman Caldwell & Andrew C. Branham, Esq. George Petkoff, Esq.Berkowitz PC Autumn B. Chastain, Esq. George S. Sullivan, Esq.

Glenn D. Everton, Esq. - In Mem.DIFFERENCE MAKERS Ben G. Sissman, Esq. - In Mem. of Hon. Hosea T. Lockard

Tipton County Bar Association James A. Cohen, Esq. Sandra SlaughterWilliam H.D. Fones, Jr., Esq. James B. Jalenak, Esq. Sapna Raj, Esq.

of William L. Gibbons, Jr., Esq. James D. Gentry, Esq. Sarah E. Black, Esq.William S. Solmson, Esq. James O. Parker, Esq. - In Hon. of Sarah E. Boren

Memphis Area Legal Services Thanks the Following Contributors to

the 2015 Campaign for Equal Justice

Esq.

Firms of 2 or more contributing $350 or more per attorney

Bass Berry & Sims PLCBourland Heflin Alvarez Minor &

Matthews PLCBurch Porter & Johnson PLLC Butler Snow LLPEvans Petree PC Farris Bobango PLC Ford & Harrison LLPGatti Keltner Bienvenu & MontesiHarkavy Shainberg Kaplan &

Dunstan PLCJackson Shields Yeiser & Holt LawLaw Offices of David E. Caywood Law Office of J. Houston Gordon Law Offices of Ricky E. Wilkins Lewis ThomasonLittler Mendelson PCMagids Cottam PLCMartin Tate Morrow & Marston PC Memphis Area Legal Services Inc. Morgan & MorganMorton & Germany PLLC Prochaska Quinn & Ferraro PC Rosenblum & Reisman PCThe Hunt Law FirmThe Wharton Law FirmWaller Lansden Dortch & Davis LLP Wolff Ardis PCWyatt Tarrant & Combs LLP

ADVOCATESContributions from $5,000-$15,000

Association for Women AttorneysAutoZoneGlankler Brown PLLCHon. Diane K. Vescovo and Mike

McLaren, Esq. International PaperMary L. Wolff, Esq.Shepherd D. and Sandy W. Tate

GUARDIANSContributions from $1000-$4999

Alan G. Crone, Esq.Alan L. & Susan M. KostenAlex & Debra Saharovich Alison B. Smith, Esq. Amber G. Shaw, Esq. Apperson Crump, PLCBen C. and Kathy B. Adams, Jr.Ben F. Jones Bar Association Corey B. and Mary W. Trotz Eugene J. Podesta Jr., Esq.Harris Shelton Hanover Walsh PLLC Harrison D. McIver III, Esq. - In Mem.

of Clifford Stockton Sr., Frances L.McKenzie & Mary L. Wolff, Esq.; In Hon. of LaSandra A. Jefferson, Justice Janice M. Holder & Lauryce McIver

Hon. Janice M. Holder Jeffrey D. Germany, Esq. Jonathan C. Hancock, Esq.Kathy and J.W. Gibson FoundationKevin N. Graham, Esq. Lee J. Bloomfield, Esq. Littler Mendelson PC Lucian T. Pera, Esq. Max Shelton, Esq.Memphis Bar Association - Probate &

Estate Planning Section & Health Law

Michael and Sharon GoldsteinMichael D. Kaplan, Esq.Paul H. and Mary Morris, Esq. Priority Insurance Agency Randall Noel, Esq.Rice Admunsen & Caperton PLLC Richard and Susan Glassman, Esq. Shea Moskovitz & McGhee PLC Spicer Rudstrom, PLLCThe University of Memphis Foundation Timothy R. and John R. Holton, Esq. Wanda B. Shea, Esq.Yuletide Office Solutions

Jim MauierBlack McLaren Jones Ryland &

GriffeeBoyd L. Rhodes, Jr., Esq. Bradley E. Trammell, Esq. Buckner P. Wellford, Esq. Charles A. Brasfield, Esq. Charlie F. Morris, Sr.Clayton C. Purdom, Esq.Community Foundation of Greater

MemphisDaniel F. CaseDonna K. Fisher, Esq.E. Franklin and Cynthia B. ChildressFrank S. Cantrell. Esq. Godwin Morris Laurenzi &

BloomfieldIdlewild Presbyterian Church J. William Pierce, Jr. , Esq. Jackie G. Prester, Esq.James MooreJames P. and Ellen J. Barry, Esq. Jill M. Steinberg, Esq.Jim R. Mulroy, Esq. John E. Kruger, Esq. Kristine L. Roberts, Esq. Leitner Williams Dooley &

Napolitan PLLC Lenard P. Hackel, Esq. Mark Vorder-Bruegge, Esq. Mary C. Mayham, Esq.Matthew L. and Jodi E. BarronMutual of AmericaRajiv Singh, Esq.Robert L. Crawford, Esq.Ronald L. Coleman, Esq. Sarah L. Hall, Esq. Shannon L. Toon, Esq. Thad S. Rodda, Jr., Esq.Hon. David S. Kennedy - In Hon. of

Hon. W. Homer Drake, Jr.Hon. Donn and Faye Southern Hon. Kathleen N. GomesHon. Robert L. ChildersThomas and Kimbrough MullinsThomas L. Parker, Esq.W. Paul Tuberville, Esq. - In Mem.

of Mary L. Wolff, Esq.Whitney M. Harmon, Esq. William R. O'Connor, Esq. SUPPORTERSContributions from $150-$399

Africa Gonzalez-McCloyAllen Summers Simpson Lillie &

Gresham PLLC Amber D. Floyd, Esq.Ami P. and Mark V. KelleyAnna L. Phillips, Esq.Annie T. Christoff, Esq. - In Hon. of

Jo-An HambickBallin Ballin & Fishman PC Barbara and Tim Cook Brasfield & Associates LLC Brasfield & BrasfieldBrian E. Heim, Esq. Bruce M. Kahn, Esq. Byron B.Winsett, III, Esq. C. Anne Fritz, Esq.Carl B. Ward, Esq.Carl E. and Linda C. Seely, Esq. Charles M. Key, Esq.Cindy C. Ettingoff, Esq. Courtney LillyRep. Craig C. Fitzhugh Cynthia J. Tobin, Esq. David J. Brown, Esq. David L. Bearman, Esq. David W. Caywood, Esq. Dennis NortonDevon L. Gosnell, Esq.Douglass M. and Elizabeth S. AlrutzEarle J. Schwarz, Esq. Edwin E. Wallis, Esq. Elizabeth B. Ziarko, Esq. Erin M. Shea, Esq. Eugenia R. McGown, Esq. Frances L. Paulson, Esq.Carl and Gail Schledwitz, Esq.

Greg D. Allen, Esq. Gregory G. Fletcher, Esq. Harry A. Johnson III, Esq.Henry P. Doggrell, Esq. - In Mem. of

Mary L. Wolff, Esq.Hope Christian CommunityFoundation Howard & Delisa Eddings Fund Howard B. Manis, Esq.J. Michael Fletcher, Esq.J. Richard Buchignani, Esq. J. Steven Anderson, Esq. Jackson Lewis PCJackson W. Moore, Esq. Jacob A. Dickerson, Esq. James B. Summers, Esq. James T. RiordanJames W. Curry, Esq. Janese PerryJaniece J. LeeJeff Weintraub, Esq. Jimand Lucia Gilliland Jimmy E. McElroy, Esq.Joe M. Kirsch, Esq. - In Mem. of

James D. Causey, Esq. John C. Pekar, Esq.John E. McManus, Esq. Juni S. Ganguli, Esq. Justin M. Ross, Esq. Kasey A. Culbreath, Esq.Katherine B. Anderson, Esq. Kavita G. Shelat, Esq. Keating C. Lowery, Esq. Kenneth P. Jones, Esq.Kevin J. Mencke, Esq. - In Mem. of

Mary L. Wolff, Esq. Kimberly K. Schreiber, Esq. Lauran G. Stimac, Esq.Law Office of Kasey A. Culbreath PC Lenal Anderson, Jr., Esq.Linda Nettles Harris, Esq. Lloyd C. and Ann Kirkland Lucie K. Brackin, Esq.Lynn A. Landau, Esq.M. Anderson and Pamela Cobb Mark E. and Amy Pepke Marion Boyd, Jr., Esq.Marlinee C. Iverson, Esq.Mary Ann Jackson, Esq. - In Hon. of

Harrison D. McIver III, Esq. Mary L. Aronov, Esq.Mary M. Whitfield, Esq. Matthew and Nina Thornton Matthew S. Mulqueen, Esq. Michael B. Neal, Esq.Paul I. Mendelson, Esq. Paul W. Brown, Esq. Philip E. Mischke, Esq. Philip G. Kaminsky, Esq.R. Christopher Gilreath, Esq. Raymond and Tracie Webber Reva M. Kriegel, Esq. Richard H. Allen, Esq. Richard S. Goldaber, Esq. Rita L. Gibson Rayford, Esq. Robert and Geraldine Allen Robert H. Harper, Esq. Robert L. Green, Esq.Robert Q. and Catherine M. WilsonRobyn W. Diaz, Esq. Rodrick D. Holmes, Esq. Rose M. BensonSam F. Cole, Jr., Esq. Sara C. Brasfield, Esq. Sharon L. Petty, Esq. Shayla N. Purifoy, Esq.Sheila J. Cunningham, Esq. Shelvie S. RoseSusan M. Callison, Esq. T. Robert Abney, Esq. Taurus M. Bailey, Esq. Hon. Daniel BreenHon. George H. Brown, Jr.Hon. George W. Emerson, Jr.Hon. J. Weber McCrawHon. Martha B. Brasfield Hon. Robert A. Lanier Hon. Sheryl H. Lipman The Williams Law Firm

William W. Dunlap, Jr., Esq. FRIENDSContributions from $149 and below Adam H. Johnson, Esq. Adrienne BaileyAhsaki E. Baptist, Esq. Alan J. Wade, Esq. Albert M. Phillips, Esq.Alexander W. and Karen L. WellfordAllison Wannamaker, Esq. Amelia N. Blanton, Esq. Amy Campbell, Esq. Andrew S. Deshazo, Esq. Angela CopelandAngela Wynn- In Mem. of Percy H.

Harvey, Esq. Anidra Lomax, Esq. Annie Edwards Anita I. Lotz, Esq.Anna M. Vescovo, Esq. Anne B. Mathes, Esq. Anu Tanya, Esq. Arthur E. Quinn, Esq.Arthur Ray Law Offices Aubrey L. Brown, Jr., Esq. Balch & Bingham LLP Barbara GriffinBelinda Winston Beunca Jones Birdiana ErivesBradley E. Trammell, Esq. Bruce A. Ralston, Esq. Byron N. Brown IV, Esq. Carla Peacher-Ryan, Esq. Carlos A. Bibbs, Esq. Carolyn MillsCarolyn Somerville– In Mem. of Percy

H. Harvey, Esq. Catherine Randolph Cathy Bellehumeur, Esq. Charles S. Blatteis, Esq. Chris Williams Christopher S. Williams Cindy HazenConstance A. Alexander, Esq. Craig P. Barnes, Esq.Cuba WestbrooksDanny Van Horn, Esq. - In Mem. of

Mary L. Wolff, Esq. David E. Burkhart, Esq.David M. and Mona E. DunlapDavid S. Walker, Esq. Debbie PratherDenise S. McCrary, Esq. Donald W. Pemberto, Esq. Donna S. Harkness, Esq. Dora Holmes-HareE. H. Morreim, Esq. Eboney Ingram WareEdward Waugh Elizabeth RoaneEric A. McEnerney, Esq. Eric L. Elms, Esq.Eric PorterFelisa Cox, Esq.Frank and Lisa Primm Frankie E. Wade, Esq. Freda M. Turner, Esq. Garry M. Burgoyne, Esq.George and Jessica M. Thomas George W. and Debra L. Singleton Gladys Harvey Brock - In Mem. of

Percy H. Harvey, Esq.Glenda Harvey - In Mem. of Percy

Henderson Harvey, Esq. Gloria WoodsGrady M. and Mary H. GarrisonHolly HazlettIdella C. Davis - In Mem. of Percy H.

Harvey, Esq.Irvin L. Tankersley, Esq. Isabel SantoyoJ. Barney Witherington, Esq. J. Frank Hall, Jr., Esq.Jack L. Payne, Jr., Esq. - In Mem. of

Clifford Stockton, Sr. & In Hon. of

Justice M. Janice HolderJames R. and Melinda N. WilliamsJana Snyder, Esq. Jeannie Kosciolek, Esq.Jessica A. and Charles C. NealJessica L. Indingaro, Esq. John L. Ryder, Esq.John R. Marek, Esq. Joseph GriffithJudy H. Self, Esq. Justin L. Bailey, Esq. Justin N. Joy, Esq. Justin SteeleKaren A. and Steven J. SkretkowicaKaren WestKelly ChismKevin and Regina YarboughKimbrough Gregory, Esq. L Don Campbell, Jr., Esq. Laura K. Bible, Esq. Laura L. Deakins, Esq. Lauren EzellLaurinda T. Ingram, Esq. - In Mem.

of Mary L. Wolff, Esq.Law Office of M.O. Eckel IIILeslie R. Isaacman, Esq. Lesley GlasperLisa A. Lichterman, Esq. - In Mem.

of Mary L. Wolff, Esq.Lodie V. Biggs, Esq.Rev. Dr. Louis-Charles Harvey- In

Mem. of Percy H. Harvey, Esq. Lowell D. FriendLuke P. Cantrell, Esq. Lydia WalkerLynn Buhler, Esq.M. Jean Holbert, Esq. Marie DodsonMargo Germany, Esq. Marguerite McGowan, Esq. Maria Q. Wood, Esq.Marietta Harvey Collins, M.D. - In

Mem. of Percy H. Harvey, Esq. Marilyn K. Dunavant, Esq.Matthew Jones, Esq.Matthew Lubozynski, Esq. - In Mem.

of Mary L. Wolff, Esq.Megan E. Arthur, Esq. Melinda M. Russell, Esq.Michael and Robbie Weinberg - In

Mem. of Mary L. Wolff, Esq. Michael B. and Elizabeth E. Chance Michael H. Wills, Esq.Michael HowardMichael K. Chapman, Esq. Michael T. Moore, Esq. Midsouth ProcessMike and Beth Stengel, Esq. Milandria King, Esq.Mitzi C. Johnson, Esq. Ndidi Gbulie, Esq.Neil and Hannah HillsNelson Jr. and Carole J. Freeburg Nena Faye Anderson, Esq. Nicholas L. Vescovo, Esq.Nina M. Hale Pamela Kubisiak Patriot BankDean Peter V. Letsou Phillip J. Maloney Prestar BootfePrince C. Chambliss, Esq. Raven IcazaRebecca A. SpringfieldRebecca Adelman, Esq. - In Mem. of

Ben C. Adams, Sr.RedRover Sales & Marketing - In

Mem. of Mary L. Wolff, Esq. Richard Joseph Leibovich, Esq. Richard R. and Christina C. Roberts Richard R. and Patricia W. SporeRobert C. Liddon, Esq.Robert E. Royal, Esq. Robert P. Blumenthal, Esq.Roy H. and Sherri T. Chockley - In

Mem. of Mary L. Wolff, Esq. Ryan A. Strain, Esq.S. Kelly Robinson, Esq.

Sarah L. Pazar, Esq. Sarah SmithScottie Wilkes, Esq. Sean Kelly Robinson Serena Jones Sharman K. MurleySherrill S. Lemmi, Esq.Steven M. Dorius, Esq. - In Mem. of

Jerome WoodSteven W. Fulgham, Esq. Stone Higgs & Drexler Sylvia Ford Brown, Esq. Teresa D. Jones, Esq.The Buhler Law Firm Hon. Chris B. Craft Hon. Dan H. Michael Hon. Donna M. Fields Hon. Joe H. WalkerHon. John R. McCarroll, Jr.Hon. Lyle ReidHon. Paulette J. Delk Hon. William A. Peeler Hon. William D. Bond III Thomas Coupe, Esq. Thomas SemmesThomas W. Reynolds, Esq. Tonnie GordonW. Grady McDonald, Esq.W. Hickman Ewing, Jr., Esq. W.H. Ewing, Esq.Will and Ginny Bozeman William G. Whitman IV, Esq.William K. Self, Jr., Esq. William T. Terrell, Esq.Wilma Harvey - In Mem. of Percy

Henderson Harvey, Esq. Zachary A. Kisber, Esq. Zachary B. Busey, Esq. GRAY KNIGHTSSenior attorneys giving $100 or more

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

Donations made throughThe United Way

may not be reflected here due to unavailability of contribution

list.



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Thank You for YourCommitment to

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MARJORIE S. BAKER and DAVID L. SWILLEY have been named partners in the law �rm of Wyatt Tarrant & Combs, LLP. Both are on the law �rm’s trust, estates and personal planning team. Baker practices in the areas of probate, trust administration and elder law and is a past chair of the MBA’s Probate & Estate Plan-ning Section. Swilley practices in the areas of estate plan-ning, taxation and business advisory issues. He is certi-�ed as an estate-planning specialist by the Estate Law Specialist Board and is a CPA.

PATRICIA E. ADRIAN and PATRICK G. WALKER have become members of the law �rm of Farris Boban-go, PLC. Adrian's practice concentrates in the areas of commercial transactions, residential and commercial real estate, mergers and acquisitions, economic develop-ment and general corporate law. She obtained her Bach-elor of Science in Business Management from the University of Alabama and Juris Doctor from the University of Memphis. She served on the Board of Directors of the MBA Young Lawyers Division in 2012 and 2014. Walker has acted as lead litigation counsel and supporting member of a litigation team advising diverse corporate and individual clients on complex contract disputes and intellectual property matters. In addition, he has obtained a number of trademarks for a variety of businesses. In addition, R. SCOTT EVANS and PENINA K. WENDER have become associates with the law �rm. Both received their J.D. from the University of Memphis Cecil C. Humphreys School of Law. Evans’ practice focuses in commercial transactions, mergers and acquisitions and corporate law. Wender’s practice areas include corporate and commercial transac-tions.In addition, JOHN BOBANGO, chief man-ager/partner at the �rm, has been named to the Mem-phis Development Foundation, the nonpro�t organiza-tion that operates �e Orpheum �eater and the Hallo-ran Centre for Performing Arts & Education.

�e law �rm of Burch Porter & Johnson, PLLC is pleased to announce that WILLIAM A. JONES has become a member of the �rm, e�ective January 1, 2016. Jones’ practice focuses on taxation of corporations, part-nerships, individuals and trusts and estates. Prior to join-ing the �rm in 2013, he was a shareholder with Rosen Harwood in Tuscaloosa, Alabama. He received his Mas-ters of Law in Taxation in 2001 from New York Univer-sity, his J.D. in 2000 from the University of Alabama, and his Master of Public Administration in 1997 and B.S. in 1995 from Auburn University at Montgomery. Jones currently serves on the Board of Directors for Orion Federal Credit Union.

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

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

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

Patricia E. Adrian • John O. Alexander, IV • Megan Arthur • Marjorie S. Baker • John Bobango R. Scott Evans • Monice Hagler • William A. Jones • Barbara Robbins • Jack Shelton

Elizabeth Stengel • David L. Swilley • Oscar L. �omas • Patrick G. Walker Penina K. Wender • A C Wharton, Jr.

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MONICE HAGLER, a longtime Memphis lawyer who served as city attorney during the administrations of Mayors Dick Hackett and Willie Herenton, has founded a new law practice. �e Hagler Law Group PLLC is focused on real estate-related economic development as well as small and minority business development. During her career, she has served as lead counsel on the development of the city’s �rst major tax increment �nancing district and as counsel for redevelopment of major mixed-use developments, such as Uptown Mem-phis, University Place, Legends Park and McKinley Park.

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

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

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

A C WHARTON, JR. has joined the Agape Child & Family Services Board of Directors. �e former Mem-phis mayor is now the principal lead in �e A C Whar-ton Group, a consultant �rm providing strategic coun-seling to businesses, governments, nonpro�ts and phil-anthropic organizations.

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

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

Patricia E. Adrian R. Scott Evans Patrick G. Walker Penina K. Wender

If you have moved, become a partner or associate, or received a promotion or an award, let us know. Talks, speeches, CLE presentations and political announcements are not accepted. In addition, we will not print notices of honors deter-mined by other publications (e.g., Super Lawyers, Best Lawyers). �ey are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to [email protected]. Deadline to submit for our May/June Issue: May 15

How to Place Your Announcement

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Allen BLAIR(901) 581-4100

George BROWN(901) 523-2930

John CANNON(901) 328-8227

Michael CODY(901) 524-5124

Fred COLLINS(731) 686-8355

David COOK(901) 525-8776

Hayden LAIT(901) 527-1301

Jim LOCKARD(901) 523-2930

Jerry POTTER(901) 525-8776

Jocelyn WURZBURG(901) 684-1332

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

TENNESSEE CHAPTER

Trey JORDAN(901) 526-0606

Minton MAYER(901) 312-1640

Check preferred available dates or schedule appointments online

directly with the state’s top neutralswww.TennesseeMediators.org is free, funded by members



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CLASSIFIEDadver t i s ement s

OFFICE SPACEDOWNTOWN LAW OFFICES—EXECUTIVE OFFICE CENTER AT PEABODY PLACE. 119 S. Main Street, Suite 500, Memphis, TN 38103. Our lease terms are �exible allowing you to rent by the hour, day, month or year. All the services that you need are available including: administrative/secretarial service, T1 high-speed Internet access, notary, telephone service, furniture, information technology services/consulting and conference rooms. �e executive suite concept allows you to do business in a cooperative environment without having �xed monthly overhead, by eliminating the distractions and time-consuming business decisions such as o�ce administration and equipment leases. If you want to create a professional appearance for your business, but you are not ready to lease an o�ce, take a look at our business identity packages. For as little as $150 per month you can have the appearance of a professional o�ce. Contact Beverly Johnson, 901.312.5500, beverly@executiveo�cecenter.com.

OFFICE SPACE. 2157 Madison Two-o�ce suite available in highly visible, conveniently located building adjacent to Overton Square. Other solo and small law �rms in building. Plenty of parking, shared reception, conference room printer/copier/fax/internet, kitchen. www.memphisexecsuite.com Sharon Younger 901-276-9323

LAW OFFICE SPACE AVAILABLE. 1850 Poplar Crest Cove #200. 2-3 o�ces available with amenities: 24/7 access; (2) conference rooms; well-appointed lobby; kitchen/break room; copy/fax machines; telephone; fax; Internet. Share space with 5 other independents as a small �rm or solo practitioner. Monthly cost: $950/o�ce. Tarry tarry@beasleylaw�rm.org, Sandy sandy@beasleylaw�rm.org or call 901.682.8000.

PROFESSIONAL SERVICESATTORNEY SHEREE L. HOFFMAN, ALL MEDIATION SERVICES— Tennessee Supreme Court Rule 31 Listed for Civil and Family Law Mediations. Will travel to Counties adjacent to Shelby County. www.memphisdivorcehelp.com. 901.754.9994.

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

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

GLENDA MOORE, RN, CERTIFIED LEGAL NURSE CONSULTANT. Over 30 years of nursing experience in critical care and med-surgical nursing. �e most cost-e�ective Medical Expertise available on your side. Call for a FREE initial consultation. www.glendamooreclnc.com 901.626.9490.

ATTORNEYS/LAW CLERKS LOOKING FOR A LAW CLERK OR AN ASSOCIATE ATTORNEY? �e University of Memphis School of Law has great students and graduates, and we can help you with your employment career needs. Contact Career Services O�ce with your job listing or to schedule an on-campus interview. 901.678.3217. No charge for our services.












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David COOK(901) 525-8776






TENNESSEE CHAPTER







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TENNESSEE CHAPTER







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�e Magazine of the Memphis Bar Association145 Court Avenue #300Memphis, TN 38103www.memphisbar.org

The Courtroom Advantage

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David COOK(901) 525-8776






TENNESSEE CHAPTER







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ATTORNEYS/LAW CLERKS LOOKING FOR A LAW CLERK OR AN ASSOCIATE ATTORNEY? �e University of Memphis School of Law has great students and graduates, and we can help you with your employment career needs. Contact Career Services O�ce with your job listing or to schedule an on-campus interview. 901.678.3217. No charge for our services.SR. DIRECTOR OF BUSINESS AFFAIRS Broadcast Music, Inc. (BMI) seeks a Sr. Director of Business A�airs in Nashville, TN to provide legal support for the general licensing division. �is role will support licensing nego-tiations and prepare and review license agreements and amendments. �is position requires a strong knowledge of copyright law, a J.D. and eight years of relevant experi-ence. Interested candidates should apply via www.bmi.com/jobs for immediate consideration.



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David COOK(901) 525-8776






TENNESSEE CHAPTER







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

30 North Second at Court Square901.316.2186

MEMBER FDIC

www.banktennessee.com



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TENNESSEE CHAPTER









Memphis Lawyer April/May

Documents

Transcript of Memphis Lawyer April/May