The Tennessee Senate Judiciary Committee advanced the appointment of Judge Jill Bartee Ayers to the Court of Criminal Appeals following a hearing late last month. Ayers, who is currently a circuit court judge for the 19th Judicial District, was recommended for the Middle District seat by Gov. Bill Lee. Ayers was a partner at Batson Nolan PLC in Clarksville prior to being appointed to the bench by former Governor Bill Haslam. She has been on the bench since 2015 and has presided over 50 jury trials. Ayers’ confirmation will now go before the full state Senate. The state House can hold separate confirmation hearings. Read more from the Administrative Office of the Courts.

The state House today passed a resolution calling for a national constitutional convention to set term limits for members of Congress, TNJ: On the Hill reports. The measure, House Joint Resolution 8, was adopted on a 53-34 vote, only three more votes than the minimum needed to clear the chamber. It now heads to the Senate for consideration. U.S. Rep. Scott DesJarlais of Winchester and Rep. Chuck Fleischmann of Chattanooga, both on their sixth terms, are currently the longest serving Republicans. Among the Democratic congressional delegation, Rep. Jim Cooper of Nashville is in his 10th term, followed by Rep. Steve Cohen of Memphis who is in his eighth term.

Criminal justice reform bills from Gov. Bill Lee's agenda are moving closer to passage, the Tennessean reports. Bills that seek to curb the number of nonviolent people returning to prison and give inmates being released a better chance at succeeding both have cleared legislative committees. HB784/SB767 deals with bolstering alternatives to incarceration and HB785/SB768, also known as the “Reentry Success Act of 2021,” seeks to help former inmates find housing and take advantage of other state resources. Both measures will next go before the House and Senate finance committees, effectively the last hurdles before a floor vote to become law. Lee discussed justice reform yesterday during a virtual panel with former U.S. House Speaker Newt Gingrich and former Texas governor and U.S. Secretary of Energy Rick Perry, among others.

Gov. Bill Lee today signed the permitless carry bill into law, making Tennessee the 19th state to allow adults to carry a handgun without a permit, the Tennessean reports. In a tweet, Lee thanked members of the legislature and the National Rifle Association for their help in passing his top legislative priority of the year. The measure also boosts theft of a firearm from a misdemeanor to a felony and mandates six months of incarceration for the offense, up from the current 30-day sentence. It also bars felons convicted of possessing a firearm from early release. The new permitless carry law does not extend to those with stalking convictions, a recent DUI or individuals who have been committed to a mental institution by the court. Felons and those convicted of domestic violence offenses were already prohibited from receiving a permit. The Lee administration has estimated the legislation will cost the state as much as $20 million annually.

The Tennessee House of Representatives today passed legislation that would take state cases away from Nashville courts, the Nashville Post reports. House Bill 1196/Senate Bill 454 (HB1196/SB454), sponsored by Bone McAllester Norton attorney Rep. Johnny Garrett, R-Goodlettsville, was approved by the House in a 69-21 vote. It would move original jurisdiction for lawsuits against the state to the plaintiff’s home county. If plaintiffs are located outside the state, the case would be filed in Sumner County. Asked why he picked his home county for out-of-state cases, Garrett said, “The question should be why not.” The bill comes after the Republican-dominated legislature criticized a number of decisions by Nashville judges in state cases and after a failed attempt to remove Chancellor Ellen Hobbs Lyle earlier this session. 

As the Tennessee General Assembly begins to wind down for the year, TBA Public Policy and Government Affairs Director Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley discuss where several TBA-sponsored bills currently stand on today’s episode of the Legislative Updates podcast. The TBA, with much help from President Michelle Greenway Sellers, was able to work with sponsors on an amendment that removed a cap on attorney’s fees from House Bill 1386/Senate Bill 282. The bill to eliminate the professional privilege tax, SB884/HB519, is currently in budget discussions and Lampley is optimistic that the tax will see “some degree of reduction.” All that and more on today’s episode, which can be found on the TBA’s Facebook page, website and anywhere you listen to podcasts.  

The Tennessee Senate Judiciary Committee has approved legislation that would reduce the amount of time a person must serve before becoming eligible for parole, the Nashville Scene reports. Bill author Sen. Janice Bowling, R-Tullahoma, said that a person convicted of first-degree murder and sentenced to life with the possibility of parole must serve 51 years in prison before being considered for release. That is double the national average and means most will die before they get a chance at parole, she argued. The bipartisan bill, also sponsored by Rep. London Lamar, D-Memphis, would reduce that time to 25 years. The committee advanced the bill with seven senators voting for it, one not voting and one opposing. It now goes to the Calendar Committee to be scheduled for a floor vote.

Tennessee House Speaker Cameron Sexton, R-Crossville, on Monday reinstated fellow Republican Rep. Bruce Griffey, R-Paris, to his committee assignments, less than two weeks after stripping them from him. The dispute between Griffey and House leadership seemingly stemmed from Griffey’s unsuccessful effort to call a vote on an immigration bill that had previously failed in a subcommittee, the Nashville Post reports. “I’ve got a little bit of a temper,” Griffey reportedly said after apologizing to leadership. “If I got upset and said something to any members out of frustration or unhappiness, I told everybody I’m sorry if I offended anybody. I didn’t mean to offend anybody.” The speaker’s decision to strip him of his committees raised the ire of his home county Republican Party, which approved a resolution calling on Sexton to resign. Griffey said he was “grateful” for the support but did not coordinate with the group.

Tennessee Sen. John Stevens, R-Huntingdon, tells the Tennessee Star that his bill to remove a $400 annual “privilege tax” imposed on certain professions, including the legal profession, is still in play but likely will see changes as budget negotiations continue in the coming weeks. Stevens told the Senate Finance, Ways and Means Revenue Subcommittee last week that any decrease in state revenue resulting from SB 884 would have to be offset by programming cuts. The privilege tax was originally levied on 22 professions. The General Assembly approved legislation in 2019 to eliminate the tax for 15 of those. Nearly 200,000 professionals still pay the tax. Total elimination of the tax would cost the state about $67 million in revenue, Stevens said. The TBA has made eliminating the professional privilege tax one of its most important legislative priorities and is continuing to lobby the General Assembly on this issue. Legislators need to hear from their constituents that eliminating this discriminatory tax is important to them. Find your legislators and their contact info here.

On this week’s episode of the TBA’s Legislative Updates podcast, Director of Public Policy and Government Affairs Berkley Schwarz is joined by TBA staff member Kate Prince to discuss the latest developments at the state legislature. Schwarz details the TBA’s concerns over House Bill 1386, which, in cases of salary disputes among public employees, would require attorneys to take their case to trial within 90 days and would cap attorney’s fees at $15,000. A new episode of Legislative Updates drops every Thursday and can be found on the TBA’s Facebook page or anywhere you listen to podcasts.