TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 14, 2024

A pair of legislative measures that would reshape the bail system in Tennessee moved forward in a state House of Representatives subcommittee Tuesday with near unanimous "aye" votes for both, the Tennessean reports. The first measure, filed by House Speaker Cameron Sexton, R-Crossville, would enable Tennessee judges to deny bail for a broader set of charges, including acts of terrorism, second-degree murder, aggravated rape of a child, aggravated rape and grave torture. The measure was amended to also include any offense that requires the convicted individuals to serve at least 85% of their sentence. The second measure would prohibit judges from considering a defendant’s ability to pay when setting bail and expand the discretion judges currently have to approve or deny bail for the crimes covered by the 2022 “truth in sentencing” law. Both measures now move to a full committee vote. 

Posted by: Liz Slagle Todaro on Feb 14, 2024

Plan now to take part in the Tennessee Bar Association’s Day on the Hill on March 20. The event gives TBA members an opportunity to meet with their legislators and talk to them about issues important to the profession, including funding for indigent representation. Activities begin with a luncheon, followed by meetings with legislators in the afternoon and the annual Big Shrimp legislative reception that night. Sign up now to take part.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

Shaundelle Brooks has officially announced her bid for the Tennessee House of Representatives. Brooks will run in the Aug. 1 primary to seek to represent District 60 in Old Hickory, where Democrat Darren Jernigan is not seeking reelection. In 2018, Brooks’ son Akilah DaSilva was killed during a shooting at a Waffle House, which left four people dead. Later, Brooks’ eldest son was shot in the head and seriously injured while leaving a music venue. Since then, she has become a passionate advocate for gun reform. “For five, six years I’ve been going up to the capitol, begging and pleading and trying to bring change,” she said, “And, it hasn’t happened. So I just decided that I have to be the change that I need to see.” WPLN has more on her campaign as well as two other first-time candidates who are running for the General Assembly.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

Knoxville City Councilwoman Seema Singh has suspended her campaign in the Democratic primary for the Tennessee House seat currently held by Gloria Johnson, D-Knoxville. Singh, who represents the city’s Third District and is in her second term, explained her decision saying, “… when Gloria announced her candidacy for U.S. Senate, I decided to run for House District 90 to protect this seat, in the name of the same principles for which Gloria stands. Now that Gloria has decided to run for both U.S. Senate and the District 90 seat, I know it is in everyone’s best interest for me to suspend my campaign.” Singh said she would seek the seat again if Johnson is elected to the U.S. Senate, Knox Focus reports.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

U.S. District Judge Eli Richardson last Thursday rejected motions to dismiss a federal bribery and kickback case against former House Speaker Glen Casada and his onetime chief aide Cade Cothren. The trial was rescheduled for Nov. 6, more than two years after the indictments were handed down, Tennessee Journal reports. It was last scheduled to begin on March 5.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

Administrative Office of the Courts (AOC) Director Michelle Long testified before the House Finance Committee last week, telling lawmakers it has been nearly 27 years since Tennessee boosted pay for court-appointed attorneys, who often handle difficult cases involving children and families. The current situation, she said, is approaching a crisis point, the Tennessee Journal reports. Long asked the committee to restore at least some of the funds needed. She also asked the committee to fund a new human resources staff member and a full-time staff member to manage the Supreme Court’s “Justice Bus” program. The committee is conducting hearings on Gov. Bill Lee’s proposed 2024-2025 budget, which did not include funding requested by the AOC for these expenses. The TBA continues to support the AOC’s request to increase the reimbursement rate for indigent representation. Watch her tesimony beginning at 1:40:50. Please visit the TBA Government Affairs webpage for more information and to get involved with its grassroots efforts.

Posted by: Stacey Shrader Joslin on Feb 12, 2024

U.S. Rep. Tim Burchett will not face a primary opponent this year, Tennessee Journal reports. Lenoir City tire dealer Jimmy Matlock, a former state House member who lost to Burchett in the Republican primary for the 2nd Congressional District in 2018, announced last week he would not challenge him again.

Posted by: Paul Burch on Feb 9, 2024

The state House on Thursday passed HB1644/SB1679, legislation that would require all schools, public or private, to develop emergency procedures to determine the cause of an activated fire alarm, reports the Tennessean. Majority Leader William Lamberth, R-Portland, filed the bill in response to the Covenant School shooting, and the House first passed a version during the August special session. After the legislation failed to advance during a House and Senate stalemate, Lamberth refiled a new version earlier this year. In other news, Rep. Gino Bulso, R-Brentwood, is sponsoring a bill to ban all but a narrowly defined list of flags from display in Tennessee public schools. Two heated committee meetings drew protestors on both sides of the issue. Broadly, HB1605, bans displays that “represent a political viewpoint, including but not limited to, a partisan, racial, sexual orientation, gender, or other ideological viewpoint.”

Posted by: Julia Wilburn on Feb 8, 2024

The Tennessee House of Representatives today passed a bill that requires the “safety of the community” be a magistrate’s first consideration in determining whether a defendant is released on bail. According to the Daily Memphian, the bill, HB1642/SB2562, sponsored by House Majority Leader William Lamberth, R-Portland, and Sen. Brent Taylor, R-Memphis, is one of several related to bail under consideration in the General Assembly this session. Present law requires a magistrate to consider several factors in determining bail in order to ensure the defendant’s appearance in court. Those factors include the amount of time they’ve lived in the community, their employment status and financial condition, the severity of the alleged offense and the probability of conviction. “All the other factors will still be considered by the judge or the magistrate, but it makes public safety the first factor,” Lamberth said Thursday. The bill passed by a vote of 80-13, with three abstaining. “The safety of the community is already the priority of the criminal justice system,” said Rep. John Ray Clemmons, D-Nashville. State Rep. Justin J. Pearson, D-Memphis, said that “instead of attacking bail, we need to address the root causes of the problems, such as poverty, the lack of opportunity, gun violence."

Posted by: Julia Wilburn on Feb 8, 2024

More than a year after a report was released that was highly critical of Tennessee State University's (TSU) senior leaders, Republican lawmakers are moving to remove and replace the members of its governing board. Axios Nashville reports that the Senate Government Operations Committee approved a bill Wednesday that would vacate the board. Lt. Gov. Randy McNally, R-Oak Ridge, said, "It has been made abundantly clear over the past few years that Tennessee State University is in need of a reset. A new board and a new president working in tandem will give the university the fresh start it needs." Sen. Charlane Oliver, D-Nashville, countered, saying many of the problems at TSU are tied to historic underfunding. A federal review found that TSU has been underfunded by billions of dollars. "We have wronged this university," Oliver said. "As a result of our failures, TSU's operations are in the state of affairs that they're in now."


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