TBA Law Blog


Posted by: Kate Prince on Oct 27, 2021

Rep. Tim Rudd, R-Murfreesboro, has proposed new legislation that would require any district attorney general refusing to enforce state law be replaced by a court-appointed attorney, the Tennessean reports. House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, also co-sponsored similar bills that would fine or replace district attorneys who refuse to enforce state law. Rudd’s bill would directly affect Nashville District Attorney General Glenn Funk, who has publicly said he will not prosecute teachers for requiring masks and, earlier this year, announced he would not enforce a state law requiring businesses to post signs if they provide gender-friendly bathrooms to transgender people. “Prosecutorial discretion is part of our constitution,” Funk told The Tennessean upon learning the bill was filed.