GAL Training Videos

Updated GAL Training Videos now available ONLINE!
Click here to view the videos
The Child Advocacy Committee of The Mississippi Bar’s Young Lawyers Division, The University of Mississippi Judicial College, The University of Mississippi School of Law and Mississippi College School of Law have produced a series of on-demand videos for purposes of certifying guardians ad litem (GALs) to increase the number of available certified GALs and provide an affordable means for certification for solo practitioners and attorneys. The videos have been approved for six (6) hours of CLE credit, including one hour of ethics. Attorneys who view the GAL videos may utilize the training for both certification and CLE purposes. The attorney will then be placed on a list of lawyers willing to serve pro bono on one case. For those attorneys who watched the previous version of the videos, you can receive certification and CLE credit for viewing the newly updated videos. Click here for more information.
 

GAL Fees

On October 3, 2019 the Mississippi Supreme Court decided Garner vs. Fox located here.  The case clarified how the Court is to apportion the payment of guardian ad litem fees when abuse and/or neglect allegations are raised.  The case also found that a step-grandparent is not entitled to visitation under the Mississippi grandparent visitation statute.

Third Party Custody Case

On August 29, 2019 the Mississippi Supreme Court decided McDonald vs. Ballard located here.    This case redefined what a third party has to do to be on the same level as a natural parent for custody analysis.  From the opinion it appears that if a natural parent is not in the picture and someone has been acting in loco parentis, they may be on the same level as a parent.

Effect of Divorce from Another State

Sometimes, due to the difficulty of getting a divorce in Mississippi if the parties do not agree to one, a party will go to another state to get a divorce.  The issue arises though that while the party can get a divorce, that other state may not be able to divide the property up necessitating a second action in Mississippi.  The Mississippi Court of Appeals decided Crew vs. Tillotson on Tuesday located here.  Both the majority opinion and the dissent need to be read carefully to understand all the pitfalls on these cases.   

Tennessee Statute of Limitations

Tennessee’s one year statute of limitations for personal injury claims often forces plaintiffs to file suit before they even know the full extent of their injuries.  On the other hand, there are probably many meritorious cases that cannot be filed because the statute of limitations expires before the injury victims even think about filing a lawsuit.  Occasionally, plaintiffs cannot access critical evidence due a pending criminal investigation.  The Tennessee legislature has finally granted some relief in the latter situation by extending the statute of limitations from one to two years if:

“(A) Criminal charges are brought against any person alleged to have caused or contributed to the injury; (B) The conduct, transaction, or occurrence that gives rise to the cause of action for civil damages is the subject of a criminal prosecution commenced within one (1) year by: (i) A law enforcement officer; (ii) A district attorney general; or (iii) A grand jury; and (C) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct.”  T.C.A. § 28-3-104(a)(2).

So if criminal charges are brought against a defendant within one year after the wreck or other event causing injury, the one year SOL can be extended for another year, if all of the foregoing conditions are met.  This amendment to T.C.A. § 28-3-104 was effective July 1, 2015.  Unfortunately, not many lawyers will be willing to take the risk of waiting more than a year to file suit in a personal injury case where criminal charges are pending, so this provision will not be used often.  However, situations can be envisioned where a meritorious claim might be saved by the operation of this new law.

Book of Interest

I am reading a book of interest for appeal lawyers called:  The Family Law Guide to Appellate Practice by Matthew P. Barach.  It is really good so far and discusses both the legal and practical side of appeals for lawyers and the clients in family law matter.  A link to it is here.

Tax Sale Confirmation Statute Change

Mississippi Code 27-45-27 had several significant changes effective July 1, 2019. This was brought to my attention at the bar convention while lecturing on the topic.  A purchaser or owner of the tax deed who bought a property at tax sale can no longer challenge the validity of the sale. A copy of the bill is here.