TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 10, 2021

Freshman Rep. Todd Warner, R-Chapel Hill, did not appear at today’s meeting of the Tennessee Registry of Election Finance, the Tennessee Journal reports. The registry was set to hear Warner’s request to waive his campaign finance disclosure requirement due to an FBI raid on his home and office. Executive Director Bill Young said Warner had indicated he or his attorney would attend the meeting. In the absence of either, the registry agreed to send a letter to Warner saying the panel does not have the authority to waive filing requirements. The group also denied a similar request from Rep. David Byrd, R-Waynesboro, who missed filing his campaign finance disclosure while hospitalized for COVID-19.

Posted by: Stacey Shrader Joslin on Feb 8, 2021

Humanitarian, community leader and former state Rep. David Shepard died Feb. 4 at 73. He had been battling cancer for the past several months and recently contracted COVID-19, the Tennessean reports. A Democrat from Dickson, Shepard represented District 69 for 16 years. Among his legislative accomplishments were several bills that benefited veterans and supported local infrastructure. Shepard served on the Dickson City Council for 12 years and as vice-mayor for more than a decade. A private family service will be held with a celebration of life planned for a later date. Memorial donations may be made to the Clement Railroad Hotel Museum, the Dickson First United Methodist Church or Dickson County Habitat for Humanity.

Posted by: Kate Prince on Feb 2, 2021

Campaign vendor Phoenix Solutions — under scrutiny after an FBI probe of several state legislators last month — appears to have improperly filed its application to do business in the state, TNJ: On the Hill reports. Washington-based Northwest Registered Agents LLC was hired in November 2019 to register Phoenix Solutions in New Mexico. An electronic signature in the name of a Northwest employee was also used to register Phoenix with the Tennessee Secretary of State four days later. A spokesperson for Northwest, however, said the filing “was unauthorized.” The company said it was not hired for registration purposes in Tennessee. Republican legislators did $231,144 worth of business with Phoenix, mostly under the direction of Rep. Robin Smith, R-Hixson. Smith, alongside former House Speaker Glen Casada, R-Franklin, Rep. Todd Warner, R- Chapel Hill, and former Casada aide Cade Cothren, is now at the center of the FBI probe. An anonymous source told the Tennessean earlier this month that Phoenix Solutions is owned by Cothren.

Posted by: Kate Prince on Jan 28, 2021

Rep. London Lamar, D-Memphis, has filed a bill that would allow the possession of up to an ounce of marijuana without prosecution, Nashville’s NewsChannel5 reports. Two cities in the state have already agreed not to prosecute people caught with small amounts of drugs, but Lamar is calling for a statewide standard. "What we want to do is make sure there's a unified standard across Tennessee where no matter what county you're in, there's the same standard around criminalization and having the possession of marijuana," she said. HB0413 would not allow for the sale of marijuana.

Posted by: Kate Prince on Jan 28, 2021

One of the Republican legislators whose home and office were searched by FBI agents earlier this month says that agents confiscated all files and documents related to his campaign, the Associated Press reports. Rep. Todd Warner, R-Chapel Hill, divulged that information to the Tennessee Bureau of Ethics and Campaign Finance Ethics Commission in an email last week to explain why he couldn’t complete his latest campaign finance report on time. His correspondence gives the clearest indication to date that the federal investigation is at least partly campaign finance-focused. Federal authorities have not indicated what they are investigating after showing up to search the homes and legislative offices of Warner, former House Speaker Glen Casada, R-Franklin, Rep. Robin Smith, R-Hixson, and former Casada chief of staff Cade Cothren. Agents visited Warner’s business address as well.

Posted by: Stacey Shrader Joslin on Jan 22, 2021

The Tennessee General Assembly approved a $160 million package of bills last night and this morning aimed at tackling student learning loss during the pandemic, the state's stagnant literacy rates and how schools will handle standardized testing after a year of academic disruptions. The education initiatives, introduced by Gov. Bill Lee, were finalized in a four-day special session, the Tennessean reports. Critics argued that the action was being taken too hastily. Republican leaders countered that the issues being addressed were urgent and deserved quick consideration.

Posted by: Stacey Shrader Joslin on Jan 22, 2021

Former state Sen. Jim Tracy, R-Shelbyville, is joining the state Department of Commerce and Insurance as a senior advisor, the Tennessee Journal reports. Tracy gave up his senate seat in 2017 when President Donald Trump appointed him as a state director for USDA Rural Development in Tennessee. Other staffing changes at the department include Jennifer Peck, who assumes the role of chief of staff and chief operating officer, while continuing in her role as deputy commissioner. Prior to joining the department, she was the owner of Peck Legal Group, which specialized in domestic relations litigation and mediation. In addition, Patrick Merkel was promoted to director of insurance after having served as chief counsel for Insurance, Securities and TennCare Oversight. He first joined the department in 2007, working with the Division of Regulatory Boards and as chief counsel for Fire Prevention and Law Enforcement. He previously was in private practice.

Posted by: Stacey Shrader Joslin on Jan 21, 2021

Tennessee state Sen. Ed Jackson, R-Jackson, confirmed he has tested positive for COVID-19 since the start of the special session and other lawmakers and staffers may have been exposed. The Tennessee Journal reports that he is quarantining at home with mild symptoms. One additional senator is believed to be in quarantine, while another is remaining on duty because he already had COVID-19. Legislative officials declined to confirm or deny any infections due to privacy concerns. The news outlet later reported that the other senator in quarantine is Sen. Becky Duncan Massey.

Posted by: Stacey Shrader Joslin on Jan 20, 2021

Rep. Mike Carter, R-Ooltewah, is back in Nashville after battles with COVID-19 and pancreatic cancer, Chattanoogan.com reports. Carter, an attorney and former judge who was diagnosed with the cancer last fall, recently spent several days in the hospital after getting the coronavirus. He will serve as chair of the House Civil Justice Committee for the new session. Speaking about his return to Nashville, Carter said, “I feel blessed to be back in Nashville representing the people of District 29,” and “honored that Speaker Sexton has entrusted me to serve in this important role."

Posted by: Stacey Shrader Joslin on Jan 20, 2021

In a speech to lawmakers on Tuesday, Gov. Bill Lee asked the legislature to discuss three proposals this week: literacy, accountability and learning loss. But he also went after school districts that pivoted to online learning in the wake of the COVID-19 pandemic, WPLN reports. “Kids do better in school. We know that. Parents know that. And that’s why I’m so proud of our districts who have kids in schools,” Lee said. “And to those that remain closed, I would offer this simple encouragement: follow the science.” He continued, “… You can’t say you’re putting the needs of students first and keep schools closed.” Among the state’s school districts that have decided to stay online are Shelby and Davidson counties.


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