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TBA Law Blog

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Tennessee Senators Propose Changes to Judicial Branch

Posted by: Katharine Heriges on Feb 4, 2019
Several State Senators are proposing a number of changes to the judicial branch, including another run at removing party labels from judicial elections in Davidson and Shelby counties and the creation of a new judicial district, The Nashville Post reports. A proposal from Sen. John Stevens, R-Huntingdon, would require elections for state trial court judgeships and county judicial offices to be conducted in a nonpartisan manner in Davidson and Shelby counties. Another newly filed bill from Sen. Kerry Roberts, R-Springfield, would establish a 32nd judicial district in Tennessee. Williamson County, which currently shares the 21st judicial district with Hickman, Lewis and Perry counties, would get its own district while the three smaller counties would remain together.

Lawmaker Revives 'MaKayla's Law' Firearms Bill

Posted by: Katharine Heriges on Feb 4, 2019
State Sen. Sara Kyle, D-Memphis, is renewing “MaKayla’s Law,” a bill designed to penalize adults who leave weapons out where children can use them to kill or injure other kids, The Daily Memphian reports. The bill would enable authorities to charge an adult with reckless endangerment if they fail to safely secure or lock a firearm, enabling a child under to 13 to use the weapon to kill or injure another child. If passed, it would make it a Class E felony for an adult if a child obtains their gun and injures another child, and a Class C felony if a child uses the gun to kill another child. Kyle has previously attempted to push MaKayla's Law through the legislature but failed.

TBA Today Legislative Update

Posted by: Berkley Schwarz on Feb 1, 2019
This week the House and Senate were both in session, and legislators were primarily focused on preparing bills to be filed before the Feb. 6 bill filing deadline next week. Committee meetings this week were mostly organizational, but next week they will start to consider legislation. The TBA is in the process of having the TBA legislative initiatives introduced. This year’s TBA legislation was drafted by the Adoption Law Section, the Creditors’ Practice Section, the Probate Study Group, and the Construction Law Section. We are also working closely with the Juvenile Court judges and the trial judges on a bill clarifying subject matter jurisdiction on family law matters before the trial courts. And finally we are working with the TBA Young Lawyers Division (YLD) to help introduce legislation drafted by Tennessee high school students participating in the YLD Civic Achievement Through Activism in the Legislature by Young Students in Tennessee (CATALYST) program.

TBA Legislative Agenda – Service of Process

Posted by: Macayla Woodall on Feb 1, 2019
Sen. John Stevens, R-Huntingdon, and Rep. Johnny Garrett, R-Goodlettsville, introduced a bill drafted by the TBA’s Creditors Practice Section, and supported by the TBA. SB 456/HB 393 allows for process to be valid if a private process server does not include a mailing or physical address on the service return. The TBA Governmental Affairs team is working with legislators to pass this bill and have it signed into law by Gov. Bill Lee.

House Rep. Challenges Ban on Livestreaming

Posted by: Katharine Heriges on Feb 1, 2019
A Democratic state representative says he plans to continue personally livestreaming committee meetings, despite a ban on the practice announced this week, The Tennessean reports. Standing on the House floor yesterday, Rep. G.A. Hardaway asked Speaker Glen Casada where in the rules adopted by the House a ban on livestreaming was referenced. "If they can't show me that, it's not a rule, and thus it does not apply to any member of this House," Hardaway said.

House Committee Chairs Move to Ban Livestreaming of Meetings

Posted by: Katharine Heriges on Jan 30, 2019

Members of the public are being forbidden from taking live video during some public House of Representatives legislative committee meetings, and the ban will be extended to the House chamber as well, The Tennessean reports. House Speaker Glen Casada said that the decision to ban live video is up to each individual chairman to implement and to what degree. Some are responding by not banning live video at all, while others are requiring that individuals and lawmakers request permission before beginning a livestream.

Legislators File Bills to Gain Control Over Tennessee Attorney General

Posted by: Katharine Heriges on Jan 30, 2019
State lawmakers are proposing various changes to the way they interact with the state attorney general, The Nashville Post reports. Rep. Mike Carter, the chair of the civil justice subcommittee, has filed a resolution proposing an amendment to the state constitution that would give the General Assembly confirmation authority over the attorney general. Currently the Tennessee Supreme Court appoints the attorney general for an eight-year term. Carter's bill would empower the legislature to veto the high court’s pick. Another proposal from Sen. Bo Watson and Rep. Bill Dunn would give the legislature the ability to intervene in legal proceedings to defend the constitutionality of a contested statute or to diverge from the advocacy of the attorney general or a district attorney general.

TBA Legislative Agenda – Adoption Law

Posted by: Berkley Schwarz on Jan 30, 2019
Sen. Ferrell Haile, R-Gallatin, and Rep. Mike Carter, R-Ooltewah, introduced two bills today, drafted by members of the TBA Adoption Law Section, and supported by the TBA. SB207/HB288 allows biological parents and adoptive parents to enter into an enforceable, written contract for post-adoption contact that permits continued contact between legal relatives and the child. SB208/HB287 is a Corrections/Clean up bill for the TN: First in Adoption Act, enacted in 2018. The TBA Governmental Affairs team will work with legislators to pass these bills and have them signed into law by Governor Lee.

Lawmakers Introduce Bills Targeting Election Laws

Posted by: Katharine Heriges on Jan 30, 2019
State lawmakers have introduced a wave of bills that could change the voting process for Tennesseans, The Nashville Scene reports. Two bills propose changes to voter registration deadlines - a Democrat-backed bill would allow for voter registration on Election Day, while a Republican-backed bill would push the deadline for registration even further from Election Day than the current 30 days. Another bill, sponsored by Republicans Frank Nicely and Ryan Williams, would eliminate open primaries in U.S. Senate elections, giving the authority to choose candidates to the state legislative caucuses. Also included is legislation sponsored by Rep. Jesse Chism and Sen. Brenda Gilmore would allow disenfranchised felons to apply for restoration of voting rights if they are engaged in a payment plan for court costs, restitution or overdue child support.

Paul Rose Wins Special GOP Primary

Posted by: Katharine Heriges on Jan 28, 2019
Covington businessman Paul Rose topped the results last week in the special Republican primary election for Tennessee Senate District 32, The Commercial Appeal reports. Rose will face Democrat Eric Coleman of Memphis in the special general election March 12 to fill the seat formerly occupied by Collierville Republican Mark Norris. The former Senate majority leader was recently confirmed as a federal judge. Rose beat out Shelby County Commissioners Heidi Shafer and George Chism, as well as former state Rep. Steve McManus.
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