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TBA Law Blog

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Conservative Group President Says He Has New Sponsor for Bathroom Bill

Posted by: Katharine Heriges on Jan 25, 2018

The head of a conservative group says he's found a new House sponsor for a bill to require the Tennessee Attorney General's office to either defend school systems sued over their transgender bathroom and locker room policies or fund the costs of outside counsel, the Times Free Press reports. David Fowler, president of the Family Action Council of Tennessee, said last week that he would not disclose the name of the legislator until "he's ready for us to do so." Rep. Gerald McCormick, R-Chattanooga, pulled a previous version of the bill when he said he was satisfied with the response from Attorney General Herbert Slatery's office. Slatery wrote a letter to top leaders in response to similar legislation brought by another lawmaker last year.

Senate Committee Moves to Have Legislators Appoint AG

Posted by: Allan Ramsaur on Jan 23, 2018
By a party-line 7 to 2 vote, the Senate Judiciary Committee today recommended to the full Senate a plan (SJR-88, from Sen. Ken Yager, R-Kingston) to allow the legislature to appoint the Tennessee Attorney General and Reporter. The measure requires a constitutional amendment. Observers believe the measure may see a rockier road on the Senate floor, where some members have expressed reservations about partisan politics in the process. The TBA supports the present method of selection of the AG by the Tennessee Supreme Court.

With Assurances from AG, Lawmaker Pulls Bathroom Bill

Posted by: Katharine Heriges on Jan 19, 2018
After its resurrection in the Tennessee General Assembly at the start of the 2018 session, the school “bathroom bill” has been dropped by its sponsor, House Rep. Gerald McCormick, the Times Free Press reports. McCormick said the bill is no longer necessary after he had assurances from state Attorney General Herbert Slatery that he can and will step in with legal aid for school systems facing lawsuits over LGBT access policies. A version of the bill first appeared in 2016, but did not pass.

TBA Government Affairs Team Gears Up for Session

Posted by: Katharine Heriges on Jan 19, 2018
The Tennessee General Assembly got down to real work this week with a first round of committee meetings, subcommittee meetings and hearings. So far, about 200 of the expected 1,500 bills have been introduced. More are expected by the cut-off for bill filing, which is Feb. 1. The TBA Governmental Affairs team is reviewing legislation that has been introduced, asking sections and committees for recommendations and meeting with lawmakers. The group includes Executive Director Emeritus Allan Ramsaur, Executive Director Joycelyn Stevenson, Legislative Counsel Gif Thornton and Brad Lampley. Effective Feb. 5, the team will also include Director of Public Policy Berkley Schwarz, who comes to the TBA from the Tennessee Secretary of State's office.  Watch TBA Today for updates on legislation of interest to lawyers, including TBA’s most important initiative this year, Indigent Representation. Use TBA Impact to contact lawmakers regarding your view on issues important to the bar. 

Republicans Introduce Medical Marijuana Bill

Posted by: Katharine Heriges on Jan 18, 2018
Two Republican lawmakers today filed a bill that would allow medical marijuana in Tennessee, The Tennessean reports. The bill, introduced by Sen. Steve Dickerson, R-Nashville, and Rep. Jeremy Faison, R-Cosby, would only allow oil-based products and would not permit the sale of raw cannabis. Twenty-nine states so far have laws permitting the use of cannabis for medical purposes.

Lawmakers Change Policy to Allow Small Signs at Legislature

Posted by: Katharine Heriges on Jan 18, 2018
After a House representative asked Attorney General Herbert Slatery for an opinion on the issue, state lawmakers are backtracking on a decision to prohibit hand-held signs at the new legislative office building, The Tennessean reports. Despite forbidding such materials in a policy approved on Dec. 14, the director of legislative administration confirmed today that small letter-sized signs will be allowed. The December policy change was allegedly because the signs “represent a serious safety hazard.” Rep. Sherry Jones, D-Nashville, requested the opinion from Slatery, asking whether the rules violated the First Amendment.

Interim Successor to Pody Chosen for House District 46

Posted by: Katharine Heriges on Jan 11, 2018
Clark Boyd, a Lebanon man who unsuccessfully challenged former Sen. Mae Beavers in a Republican primary in 2014, has been chosen by the Wilson County Commission to replace Mark Pody as the District 46 representative in the House, Humphrey on the Hill reports. Pody won the District 17 Senate seat in a special election last month. 

Norris to Remain in Legislature for Now, Doubts Confirmation

Posted by: Katharine Heriges on Jan 11, 2018
Senate Majority Leader Mark Norris said yesterday that he questioned his chances to be confirmed by the U.S. Senate as a new U.S. District Court Judge for Western Tennessee, The Tennessean reports. He said he would continue in his position in the legislature until he is confirmed. "I don’t trust the United States Senate to follow through on this," he said during a state Senate GOP caucus meeting. "I’m not going to resign the seat which my constituents have elected me or this leadership for which you elected me."

Lawmakers Crack Jokes During First Sexual Harassment Training

Posted by: Katharine Heriges on Jan 11, 2018
During the first-ever sexual harassment training for members of the Tennessee State House, lawmakers made jokes and blamed provocative clothing for harassment, The Tennessean reports. Rep. Courtney Rogers, R-Goodlettsville, said she “had to fight the urge to laugh” at the clothing of female lobbyists and interns, saying women have a “responsibility” to maintain decorum. Rep. Joe Towns, D-Memphis, and Rep. John Mark Windle, D-Livingston, joked with each other, one claiming the other had harassed him and asking for his colleague to be removed. Former Rep. Jeremy Durham’s conduct was one of the triggers for the new training, and Rogers was one of only two House members to not vote for Durham’s expulsion. 

Mark Pody Wins Senate Special Election Victory

Posted by: Katharine Heriges on Dec 20, 2017
In an election decided by just 300 votes, Mark Pody has won the special election for Tennessee’s District 17 seat, The Tennessean reports. Pody, a current state House representative, defeated attorney Mary Alice Carfi to win the seat left vacant by Mae Beavers’ resignation. District 17 includes Wilson, Cannon, DeKalb, Smith, Clay and Macon counties.
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