A resolution to add Tennessee’s Right to Work law to the state constitution was given final approval from the Senate on Monday night, Chattanoogan.com reports. Senate Joint Resolution 2, sponsored by Sen. Brian Kelsey, R-Germantown, received more than the two-thirds vote required to pass. Now the measure goes to the House. Today, the House Banking and Consumer Affairs Committee was scheduled to discuss House Joint Resolution 72 sponsored by Rep. Chris Todd, R-Jackson. If approved by the House, the amendment would be put to voters in 2022. Tennessee’s Right to Work statute has been state law since 1947. 

A resolution to remove Davidson County Chancellor Ellen Hobbs Lyle from the bench has failed in a Tennessee House subcommittee, the Tennessean reports. After more than an hour of debate in the House Civil Justice Subcommittee, House Resolution 23 (HR23) failed on a voice vote. The resolution was sponsored by Rep. Tim Rudd, R-Murfreesboro, who said he filed the bill in response to Lyle’s ruling to expand absentee voting in the state—a move he called judicial overreach. The TBA issued a statement in opposition of HR23 last week. “We’ve heard from TBA members from all political persuasions and views expressing concern about the impact this resolution would have on the concepts of separation of powers and a fair and impartial judiciary,” TBA President Michelle Greenway Sellers said of today’s vote. “We were pleased that the subcommittee arrived at the conclusion it did.” 

The Tennessee Senate on Monday evening passed a resolution that will allow voters to change the way the state attorney general is selected, the Chattanoogan reports. In a 25-7 vote, legislators passed Senate Joint Resolution 1 (SJR1) which calls for a transparent nomination process by the Tennessee Supreme Court in selecting the State Attorney General, followed by a confirmation vote of the nominee by a majority of both houses of the Tennessee General Assembly. Once the nomination is made, the legislature would have 60 days to go through the confirmation process. In the event that the candidate is rejected, then the court would have 60 days to make another nomination. SJR1 will now go before the House where it must receive a two-thirds majority. If the resolution clears the House, it must then be passed by the majority of Tennessee voters in the 2022 gubernatorial election.

The Tennessee Historical Commission today voted 25-1 in favor of removing the bust of early KKK leader and Confederate Gen. Nathan Bedford Forrest from the state Capitol, the Tennessean reports. Historians, pastors, activists and other interested citizens were among the 30 speakers who testified during the meeting, which lasted more than five hours. Commissioners voted to relocate the bust to the Tennessee State Museum. It is unclear when the relocation process will begin or whether last month’s request from the House and Senate speakers for an attorney general’s opinion will cause delays.

A statewide coalition of concerned citizens has formed the Committee for an Independent Judiciary in response to a legislative effort "to unseat a prominent Tennessee judge and change the balance of power in the state." The effort is being coordinated by Nashville attorneys Bob Boston, Aubrey Harwell and Billye Sanders; Chattanooga attorney Roger Dickson; Memphis attorney Lucian Pera; and Knoxville attorney Wayne Ritchie. According to a press release issued Friday, the committee is dedicated to educating the public and elected leaders about the perils of the HR23, which would swiftly deconstruct the state’s system of justice by allowing the legislature to influence the decisions of Tennessee judges. The group also has drafted a sample op ed and is inviting any concerned Tennessean to support the effort by learning more and signing an online petition. In related news, on Friday the Memphis Bar Association joined other legal organizations in issuing a statement “strongly condemning” the resolution. Last week, the Tennessee Bar Association issued a statement, as did the Nashville and Knoxville bar associations and the Tennessee Trial Lawyers Association.

The Tennessee Senate reopened to the public today after shutting down most access during the COVID-19 pandemic, the Tennessee Journal reports. The public now can access the Cordell Hull Building through the main entrance on Rep. John Lewis Way. Elevator access to the 7th floor is allowed but will be monitored by General Assembly staff. Senate Hearing Room I and the Senate Gallery are open with limited and socially distanced seating. Other hearing rooms remain closed. The public may access the Capitol through the tunnel for Senate floor sessions but no group meetings or tours will be allowed. Members of the public must wear face masks at all times and are encouraged not to enter a legislator’s office without an appointment. Finally, committee chairs may continue to choose whether to hold in-person or remote meetings.

The House Finance, Ways and Means Subcommittee on Wednesday will consider HB519, which would completely eliminate the professional privilege tax. HB519, sponsored by Rep. Ron Gant, R-Rossville, in the House, and the Senate companion bill, SB884, sponsored by Sen. John Stevens, R-Huntingdon, have a great chance of passing this year if elected officials hear from their constituents. Please take a few minutes to reach out to your legislators and ask them to support these bills. Tennessee has more than 100 licensed professions; yet only seven professions, including attorneys, are still being singled out to pay a $400 professional privilege tax. Tennessee lawyers must help members of the General Assembly understand that forcing a small sliver of professionals to pay a $400 tax is both burdensome and discriminatory.

Following the TBA’s statement of opposition to House Resolution 23 (HR23) on Tuesday, the Nashville and Knoxville bar associations and the Tennessee Trial Lawyers Association have issued their own statements regarding the resolution and the importance of an “independent judiciary.” HR23 seeks to remove Davidson County Chancellor Ellen Hobbs Lyle from the bench. In its statement, the Nashville Bar Association wrote that removing Lyle “is dangerous because it threatens our independent judiciary and undermines the rule of law. The Knoxville Bar Association in its statement wrote that without an independent judiciary, there “are no checks and balances” or separation of powers. Tennessee Trial Lawyers Association president, John Griffith, told the Tennessee Lookout that “The stance of our organization is we strongly support an independent judiciary even when we disagree with the judge’s ruling,” Read the TBA’s statement on HR23.

A new episode of the TBA’s Legislative Updates podcast is now streaming. TBA’s Public Policy and Government Affairs Director Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley discuss House Resolution 23 that would remove Chancellor Ellen Hobbs Lyle from the bench, Senate Join Resolution 1 that would change the way the state Attorney General is selected and confirmed, and more. You can watch the full video of Legislative Updates on the TBA’s Facebook page. It is also available as a podcast on the TBA’s website or anywhere you listen to podcasts.

A state legislator under federal investigation received a federal pandemic business loan, but has said he did not use it for his legislative race, the Tennessean reports. In April, Rep. Todd Warner, R-Chapel Hill, received a $149,630 Paycheck Protection Program loan from the U.S. Small Business Administration for his business PCS of TN LLC, which provides grading and utility services at construction sites. Warner says he used the PPP loan for allowable expenses at the business and financed his campaign with a personal loan from a local bank. Warner ousted former Rep. Rick Tillis in an August Republican primary, a bitter race that ultimately resulted in a complaint filed with state campaign finance officials about who funded attack ads against Tillis and how Warner paid for his campaign.