TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 7, 2024

Former Republican lawmaker Scott Campbell is claiming he was forced to resign as part of a cover-up for a Republican leader, WKRN reports. Campbell quit the legislature in 2023 after sexual harassment allegations came to light. A state investigation found Campbell violated harassment policy in his interaction with an intern. Campbell defended the interactions as “consensual” conversations. Now he is suing for records he says will help clear his name.

Posted by: Stacey Shrader Joslin on Feb 7, 2024

State Rep. Gloria Johnson, D-Knoxville, has confirmed that she plans to run for her current state House District 90 seat in addition to running for the Democratic nomination to challenge Republican U.S. Sen. Marsha Blackburn. The Tennessee Journal reports that Johnson says she is aware of attempts to block that ability. Legislation that would bar candidates for state and federal offices from appearing on primary or general election ballots for two or more offices is being promoted by two Knoxville Republicans: Senate State and Local Government Chair Richard Briggs and Rep. Dave Wright. The bill would allow for a few exceptions, including if the candidate already holds two offices and for purely political offices such as party state executive committees.

Posted by: Paul Burch on Feb 6, 2024

Gov. Bill Lee outlined his $52.6 billion state budget proposal to lawmakers during his annual State of the State address Monday evening, the Tennessean reports. House and Senate members will consider budget legislation over the coming months. Big-ticket items in the proposed budget include $410 million in recurring funding and $1.2 billion in nonrecurring funding to simplify the franchise tax in Tennessee. While the current franchise tax has been in place for roughly 90 years, a change was necessitated by the threat of litigation, thus prompting the administration to address the issue now so the state can move forward. The budget also includes a $141 million appropriation to establish Education Freedom Scholarships. While specific details of the plan have yet to be revealed, Gov. Lee emphasized that it should be parents — and not the government — who decide where their children go to school and what they learn.

On the judicial front, it appears that many areas of the judicial system are slated to be funded at the same levels as the current FY 23-24 budget, including indigent representation. Increased funding for indigent representation remains a top priority of TBA, which is committed to working alongside the Tennessee Supreme Court, Administrative Office of the Courts and others on this important issue. In related news, the executive committee of the Tennessee Judicial Conference, which represents all state judges, sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly stressing the need to increase funding for indigent representation in the state. Other legal organizations, including the TBA, also have written similar letters, which are posted here. For more information, and to join TBA’s grassroots efforts to support funding for indigent representation and other issues important to Tennessee attorneys, please visit TBA’s Government Affairs webpage.

Posted by: Stacey Shrader Joslin on Feb 5, 2024

According to the Tennessean, federal prosecutors are investigating Cade Cothren, former House Speaker Glen Casada’s aide, for allegations of cyberstalking. The information was disclosed in court filings last week when prosecutors asked to delay the impending trial of both Cothren and Casada, The Tennessee Journal reports. Law enforcement subsequently obtained a search warrant and seized several phones from Cothren’s house. Cothren's attorneys have asked the judge to quash the warrant. Prosecutors now say "in an abundance of caution," they have not extracted any information from the phones and will not do so before a hearing set for this afternoon.

Posted by: Julia Wilburn on Feb 2, 2024

A bill introduced last year that continues to be debated in the House Agriculture and Natural Resources Subcommittee would remove protections for more than half of the state’s wetlands. The Daily Memphian reports that currently, developers must get approval from the state environmental agency before disturbing wetlands, but Rep. Kevin Vaughan, R-Collierville — the bill's sponsor and a developer in West Tennessee — called that “bureaucratic overreach” that inflates construction costs for developers and landowners. In Sackett v. Environmental Protection Agency, the U.S. Supreme Court determined that a wetland isn’t federally protected unless it connects to a permanent body of water, such as a river, lake or ocean, on the surface. In other House action, WSMV reports that Rep. Chris Todd, R-Madison County, has introduced a bill to allow certain members of the public — law enforcement officers, retired law enforcement officers, and active and retired members of the armed forces — to openly carry a gun on any school campus.

Posted by: Julia Wilburn on Feb 2, 2024

Speaker Cameron Sexton, R-Crossville, has introduced an amendment to the state constitution that would allow judges to deny bail to defendants accused of certain violent offenses. The Daily Memphian reports that the amendment prohibits the consideration of the defendant’s ability to pay in setting bail and expands the discretion judges currently have to approve or deny bail for the crimes covered by the 2022 “truth in sentencing” law, a mandatory-minimum law for violent offenses. It would require the judge to explain in the case record why they decided to grant or deny bail. The change would have to be approved by a simple majority of both chambers this year and by two-thirds of both chambers in 2025 before being placed on the November 2026 ballot as a yes/no question. “This is the extra added option judges need now,” House Majority William Lamberth, R-Portland, said. “Right now, a judge absolutely should not set a bond so high with the purpose of making sure somebody can’t get that. That is absolutely unconstitutional and wrong. If any judge is doing that, they’re going to get overturned.” The move comes after Sexton and other leaders announced a new effort in Memphis last week.

Posted by: Paul Burch on Feb 1, 2024

On Tuesday of this week, the House Criminal Justice Subcommittee passed “Jillian’s Law,” WKRN reports. The bill, HB1640, is sponsored by Majority Leader William Lamberth in memory of Jillian Ludwig, a freshman at Belmont University who was shot and killed on Nov. 7, 2023, while walking in a Nashville park. Her killer, Shaquille Taylor, was a repeat violent offender prosecuted in April 2023 for a separate crime of aggravated assault with a deadly weapon. “Jillian’s Law” would require defendants like Taylor to be committed to an appropriate treatment facility, something current law does not mandate, WSMV reports. It also would require that those deemed incompetent to stand trial to be entered into the National Instant Criminal Background Check System, which serves as a database of people prohibited from buying or owning firearms. Jillian’s parents, Jessica and Matt Ludwig, testified before the subcommittee, calling on lawmakers to close what they say is a loophole in the law.

Posted by: Paul Burch on Feb 1, 2024

State Rep. Johnny Garrett, R-Goodlettsville, filed HB 2716 today to prevent a state lawmaker expelled for "disorderly behavior" from being tapped to fill their own seat, reports the Tennessean. Currently, under the state constitution and state law, local governing bodies have full latitude to fill a legislative vacancy as they see fit, so long as the person is an eligible voter in the district that is being filled. In addition, Rep. Brian Richey, R-Maryville, has introduced House Joint Resolution 706, which would amend the state constitution to prohibit an expelled lawmaker from qualifying for office for four years following an expulsion. That resolution passed out of its first subcommittee this week. Tennessee's constitutional amendment system requires two rounds of legislative approval, with an election in between, before questions go to a popular vote during a gubernatorial election year. That means the soonest either of these measures could go before voters would be November 2026.

Posted by: Stacey Shrader Joslin on Jan 31, 2024

Former state Rep. Robin Smith, who resigned after being indicted on federal wire fraud charges, has had her sentencing delayed again, Chattanoogan.com reports. The sentencing was to have occurred on Feb. 12 but has been delayed until April 5. Smith is set to testify against former House Speaker Glen Casada and his aide Cade Cothren in a trial that will begin on March 5 in Nashville. The motion noted that the trial in that case had been continued, necessitating the extension for Smith’s sentencing.

Posted by: Stacey Shrader Joslin on Jan 31, 2024

Tim Jester, a Nashville financial planner newly appointed to the Metro Arts Commission, is considering a bid for state House District 60, the Nashville Post reports. Jester recently named LaTanya Channel, former Metro director of economic growth and small business development, campaign treasurer in paperwork filed with state regulators. He filed to run as a Democrat for the seat that will be vacant after Rep. Darren Jernigan, D-Nashville, moves to a position in Nashville Mayor Freddie O'Connell's administration. Former Metro Councilmember Kevin Rhoten also had filed paperwork appointing a treasurer for the race, but he has since landed a job with Metro and removed himself from the race. Other potential candidates who have expressed interest in possibly running for the seat, according to the paper, include education policy expert Indira Dammu and gun control advocate Shaundelle Brooks.


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