TBA Law Blog


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Posted by: Azya Thornton on Sep 16, 2024

State Rep. William Slater, R-Gallatin, is proposing legislation that would allow Tennessee students to use the Classic Learning Test (CLT) as a third option for college entrance exams and qualifying for the state’s Hope Scholarship program. Similar to the ACT and SAT, the CLT assesses foundational logic and reasoning skills through classic and historical texts. Slater, dean of Adult and Online Studies at Welch College, believes the CLT offers a valuable alternative. The Moore County News has more on the proposal.

Posted by: Liz Slagle Todaro on Sep 12, 2024

The Division of State Audit in the Office of the Comptroller of the Treasury on Sept. 5 issued its performance audit report of the Tennessee Court System, which evaluated the "effectiveness and efficiency" of the current system of indigent representation, as well as other court programs. The audit recognized that Tennessee, "like many other states," continues to face obstacles, and recommended that the Administrative Office of the Courts (AOC) "continue to work with the Supreme Court, the governor and the state legislature to ensure all citizens are afforded their constitutional or statutory right to legal counsel." The report discusses the need to address capacity issues and compensation of lawyers who take these difficult cases. The TBA remains committed to working with stakeholders to secure additional resources to address these issues. Read more about the report.

Posted by: Stacey Shrader Joslin on Aug 29, 2024

State Sen. Todd Gardenhire, R-Chattanooga, was transported to a hospital in Nashville on Wednesday after experiencing a brief health episode. The Chattanooga Times Free Press reports that Gardenhire, 76, was taken from the Cordell Hull State Office Building "out of an abundance of caution." A spokesperson for the senator says he "was awake and alert when he left the building and is presently in good spirits." Gardenhire, who has represented Chattanooga in the Senate since 2013, said in a text he is recovering.

Posted by: Stacey Shrader Joslin on Aug 29, 2024

The Shelby County District Attorney's office has filed an emergency writ of certiorari against General Sessions Court Judge Bill Anderson's decision to release on his own recognizance a man who allegedly shot four people. In the unusual legal filing, the office is looking to reinstate bail for the defendant, the Commercial Appeal reports. Detawn Gunn was charged with shooting four at the Memphis entertainment district known as Railgarten. Anderson allowed Gunn out of jail without posting monetary bail, but did set conditions on his release. The district attorney’s office had proposed $500,000 in bail. WREG also reports that State Sen. Brent Taylor, R-Memphis, has weighed in on the matter, alerting the Board of Judicial Conduct to Anderson’s decision. He also says the judge's actions may violate a new state law requiring the safety of the community to be the first consideration of bail.

Posted by: Azya Thornton on Aug 28, 2024

West Tennessee District Attorney General Fred Agee has requested a state investigation into Sen. Brent Taylor, R-Memphis, for allegedly posting documents online containing a defendant's personal information, including a Social Security number, potentially in violation of state law. Agee's complaint, filed with the state Comptroller’s Office and Tennessee Bureau of Investigation, stems from Taylor's social media posts showcasing a plea agreement in a case Agee handled, which Agee says were intended to criticize him and potentially expose sensitive information. Taylor claimed the documents were shared to highlight what he perceived as lenient plea deals, and said he removed the documents when he became aware of privacy concerns. The request for investigation also explores whether the Gibson County Sheriff’s Office, where Sheriff Paul Thomas is indicted for a separate scheme, provided Taylor with the information. The Daily Memphian has more on this story.

Posted by: Julia Wilburn on Aug 27, 2024

The Tennessee Republican Party has postponed Oak Ridge Rep. John Ragan’s request to challenge his August primary loss to former Clinton police chief Rick Scarbrough, reports the Tennessee Lookout. A special-called meeting is tentatively scheduled for Sept. 7 and may take place virtually, pending approval from the Tennessee comptroller and secretary of state and despite Ragan's opposition to the "validity" of decisions made during virtual meetings. Ragan lost his Aug. 1 primary race to Scarbrough by 258 votes and days later alleged that Democrats cast "crossover" votes in the Republican primary with the purpose of defeating him.

Posted by: Julia Wilburn on Aug 27, 2024

One day after Tennessee legislators threatened to withhold sales tax revenue funds from Memphis and Secretary of State Tre Hargett said his office would not approve a ballot that included a city referendum on gun control, the Shelby County Election Commission announced it would not add those questions to the Nov. 5 ballot. The Commercial Appeal reports that county Election Commissioner Mark Luttrell said State Coordinator of Elections Mark Goins instructed the commission to not allow the ballot referendums on the ballot. The Memphis City Council previously had approved three ballot questions on gun control that, if approved, would amend the city's charter. Luttrell said that litigation is anticipated, and election commissioners would not be allowed to answer questions related to the matter.

Posted by: Azya Thornton on Aug 26, 2024

Several state leaders are threatening to withhold state sales tax revenue from Memphis and Shelby County if local officials proceed with a ballot referendum addressing gun-related issues, the Commercial Appeal reports. House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, issued a joint statement that the localities would pay a heavy financial penalty if the ballot measure goes through. Memphis is preparing to vote on measures that would impose stricter gun control within the city, which contradict state laws aimed at easing gun access and preventing local "red flag" laws, the article reports. In related news, Tennessee Secretary of State Tre Hargett says his office will not approve the Nov. 5 ballot for Shelby County if it includes a city referendum on gun-control measures, setting up a potential legal showdown with the Memphis City Council. The Daily Memphian has that story.

Posted by: Julia Wilburn on Aug 20, 2024

A new law took effect on July 1 that "requires, rather than authorizes" local law enforcement to report an individual’s immigration status to federal authorities when inputting individuals’ immigration status into databases shared with federal agencies. The Metro Nashville Police Department is opposed to the new measure, but others around the state may be less so, and given the broadness of the language, there could be considerable variation in how the measure is enforced, reports the Nashvile Banner. Chattanooga Sen. Todd Gardenhire, the only Republican to vote against the law, said he feared it could be interpreted to force school resource officers to report children to federal immigration officers.

Posted by: Julia Wilburn on Aug 20, 2024

Sen. Todd Gardenhire, R-Chattanooga, will appeal Chancellor I'Ashea Myles' ruling that the Covenant School shooter's writings are exempt from the Public Records Act and will not be released publicy. Gardenhire, who is chair of the Tennessee Senate’s Judiciary Committee, said he believes the records should be open to the public to help form policy as lawmakers consider gun-related legislation in response to the shooting, according to the Tennessee Lookout. “This case really boils down to the state law and how it affects the open records, at least in this particular courtroom. That’s why it’s so important to not set a bad precedent based on emotion and political influence in Davidson County,” Gardenhire said. “[I]f we’re going to craft legislation to help prevent these types of tragedies, we have to know what was going through the mind and motive of the person that did the shooting.”


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