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TBA Law Blog

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TBA Opposes Bill Moving Judgeships from Shelby, Davidson Counties

Posted by: Katharine Heriges on Mar 5, 2018
A proposal at the legislature would transfer one judgeship from Davidson County and one judgeship from Shelby County into other districts, the Nashville Post reports. The Tennessee Bar Association (TBA) is opposed to the measure. Sen. Bill Ketron, R-Murfreesboro, and House Majority Leader Glen Casada, R-Thompson’s Station, are sponsoring the bill, which would transfer the positions into districts that include Rutherford and Williamson counties. The TBA notes a Tennessee Comptroller of the Treasury report that shows courts in Davidson and Shelby counties are understaffed. “There’s no surplus in Nashville and Memphis to transfer to those districts,” said Executive Director Emeritus Allan Ramsaur. “We'd be more for a more comprehensive look at the allocation of resources.”

Legislation Would Make Autopsy Reports Secret

Posted by: Katharine Heriges on Mar 5, 2018
Two Republican lawmakers have presented a bill in the General Assembly that would make autopsy reports conducted by state and county medical examiners secret, The Tennessean reports. Rep. Eddie Smith, R-Knoxville, and Sen. Joey Hensley, R-Hohenwald, say that public forensic findings can be difficult for the families of the dead, but critics of the bill say those records are vital to those in the criminal justice system. "It's important autopsy reports remain open in cases when there are questions about the death," said Deborah Fisher, executive director of the Tennessee Coalition for Open Government. "This bill closes everything. Things that can be used for accountability." 

Bill to Arm Teachers Passes House Subcommittee

Posted by: Katharine Heriges on Feb 28, 2018
A bill which would allow teachers to carry guns on school campuses across Tennessee passed the House Civil Justice Subcommittee today, The Tennessean reports. The proposal would allow one school employee to carry a gun for every 75 students enrolled at the school. The bill is sponsored by Rep. David Byrd, R-Waynesboro, and co-sponsored by Sen. Joey Hensley, R-Hohenwald.

Bill Codifying Common Law Creation of Joint Tenancy Passes Subcommittee

Posted by: Berkley Schwarz on Feb 28, 2018
Today TBA member Jim Romer testified before the House Civil Justice Subcommittee in support of HB1924, a bill he drafted and was sponsored by Rep. Kelly Keisling. The bill codifies common law creation of joint tenancy with right of survivorship through express language in a conveying instrument and prevents unilaterally severing a joint tenancy with right of survivorship. It amends TCA 66-1-107. The bill passed the subcommittee by a voice vote and will now be considered by the House Civil Justice full Committee. The Senate version, SB2001 sponsored by Sen. Ken Yager, has been referred to the Senate Judiciary Committee.

Medical Cannabis Bill Passes in House Subcommittee

Posted by: Katharine Heriges on Feb 27, 2018
A bill that would permit medical cannabis in Tennessee passed the House Criminal Justice Subcommittee today in a 4-3 vote, The Tennessean reports. Voting in favor were Reps. Sherry Jones, D-Nashville, Raumesh Akbari, D-Memphis, and Tilman Goins, R-Morristown, with Speaker Beth Harwell stepping in to break a tie. The bill is sponsored by Sen. Steve Dickerson, R-Nashville, and Rep. Jeremy Faison, R-Cosby, and it would allow access to cannabis oil-based products for those with serious illnesses.

TBA Members Press for Support of Indigent Representation Reform

Posted by: Barry Kolar on Feb 23, 2018

Tennessee state senators and representatives this week received several hundred emails from TBA members urging their support for Indigent Representation Reform and an increase in funding for attorneys providing the service. The action follows an alert the Tennessee Bar Association sent to members. Nearly 2,000 attorneys responded to the TBA IMPACT Action Alert. "Reform is crucial to make sure that our poorest and most vulnerable citizens and children are provided much-needed legal representation in an efficient and cost-effective way," TBA Director of Public Policy and Government Affairs Berkley Schwarz said in the alert. Use the alert to express your support for reform today.

Funding for Indigent Representation Reform Now Under Review

Posted by: Berkley Schwarz on Feb 16, 2018

With the Tennessee General Assembly in full swing, committees and subcommittees are now conducting budget hearings. One budget being considered would fund indigent representation reform, which is an important issue to the TBA and its members. The TBA is working with lawmakers to ensure that indigent representation reform receives adequate and complete funding, and members are being asked to weigh in on this timely topic as well. Be on the lookout for an email from TBAImpact with details of how you can contact your elected legislators and tell them to support indigent representation reform.

Proposal Would Expand Legislators Review of Budget, Finances

Posted by: Barry Kolar on Feb 8, 2018

Legislation that would give Senators and House members a bigger voice in state financial matters has been introduced by House Majority Leader Glen Casada and Sen. Ken Yager, who chairs the Fiscal Review Committee and the Senate State and Local Government Committee. WKRN.com reports that the bill (HB 2096/SB 2122) requires fiscal review staff to cite sources in making estimates for fiscal notes, calls for establishment of an appeals process for members and requires top agency officials to testify about any financial information that has been provided by their agencies. It would also give legislators more input in the budget process, by adding dedicated budget staff and empowering the body to create its own budget.

State of the State: Education, Job Growth, Employee Cuts

Posted by: Suzanne Craig Robertson on Jan 30, 2018

See photos from the Tennessee Journal and read the full text of Gov. Bill Haslam's State of the State address, delivered Monday. His final budget proposal calls for more than $200 million in new state funding for K-12 education, $128 million in job-growth investments and $30 million for a previously announced effort to address the opioid epidemic. Meanwhile, the Leaf-Chronicle reports, the budget calls for $108.1 million in cuts, including a total of 335 positions eliminated across state government.

Haslam to Talk Education, Job Growth in Final State of State Address

Posted by: Katharine Heriges on Jan 29, 2018
Gov. Bill Haslam will address the Tennessee General Assembly for the final time tonight, when he is expected to reflect on progress made in job creation and public schools, as well as discuss his new plan to fight the opioid epidemic, the Times Free Press reports. The address will begin at 6 p.m. CST and will be streamed online.
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