TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jan 12, 2017

The Tennessee General Assembly adjourned its biannual organizational session today after speakers appointed committee chairs and members in their respective chambers. For the first time in 10 years, all three key committees dealing with legal issues will be chaired by lawyers. Sen. Brian Kelsey, R-Collierville, returns as Senate Judiciary Committee chair. House Criminal Justice Committee Chair William Lambreth, R-Cottontown, will continue to head that panel. And Rep. Andrew Farmer, R-Sevierville, will take the helm of the House Civil Justice Committee. Humphrey on the Hill has more.

Posted by: Stacey Shrader Joslin on Jan 11, 2017

As the legislature convenes in Nashville this week, a bipartisan group of lawmakers, juvenile court officials, judges, district attorneys and academics are pushing for a major overhaul of state sentencing laws for juveniles who commit serious crimes. The Juvenile Justice Realignment Task Force met Monday to finalize recommendations that members hope will set the agenda for the legislature in the coming year. The Tennessean looks at the proposals.

Posted by: Stacey Shrader Joslin on Jan 11, 2017

All legislative staff, interns and lawmakers are being required to watch a 15-minute sexual harassment training video at the start of the new legislative session, the Tennessean reports. The video reportedly covers all aspects of the law along with examples of the types of circumstances that might create a hostile discriminatory practice. The move is part of the leadership’s effort to address cultural issues identified in last year’s report on the activities of then-representative Jeremy Durham.

Posted by: Stacey Shrader Joslin on Jan 10, 2017

The Tennessee General Assembly reconvened today for the 110th session. In the Senate, Randy McNally was elected the state’s next lieutenant governor. The move was largely ceremonial, with Senate Republicans selecting McNally as their nominee during a caucus meeting in November. McNally, 72, is the longest serving current member in the legislature. Handing off the gavel to McNally was Ron Ramsey, the East Tennessee Republican who helped the party obtain supermajorities in both chambers. Ramsey announced his retirement last year. In the House, Nashville Republican Rep. Beth Harwell was formally re-elected as speaker today. That move was also ceremonial as she survived a challenge from Rep. Jimmy Matlock, R-Lenoir City, last November for the post. The Tennessean has more on both stories.

Posted by: Stacey Shrader Joslin on Jan 9, 2017

A bill filed Friday in the state House aims to eliminate a step in death penalty appeals, sending cases directly to the Tennessee Supreme Court, the Tennessean reports. The legislation, filed by Rep. William Lamberth, R-Cottontown, would provide for direct appeal to the state Supreme Court of any death penalty case heard by a trial court. Lamberth notes that Tennessee is just one of a handful of states that requires intermediate appellate courts to hear these cases. He says defendants and victims’ families alike deserve an expedited process.

Posted by: Stacey Shrader Joslin on Jan 9, 2017

Tennessee lawmakers are set to return to Nashville tomorrow to officially convene the 110th General Assembly. According to analysts with the the Tennessean, there are several issues likely to dominate the session. They include: increasing the gas tax with a possible offsetting reduction in food tax; tackling criminal justice reform; allowing marijuana for medical conditions but cracking down on cities that try to reduce penalties for possession; pay raises for teachers; and expanded use of school vouchers. The USA Today network reporting also looks at legislators to watch in the new session.

Posted by: Stacey Shrader Joslin on Jan 6, 2017

Tennessee House Chief Clerk Joe McCord is stepping down from the position to “pursue a new opportunity,” House Speaker Beth Harwell announced today. He will be succeed by Tammy Letzler, who has been serving as assistant House clerk. Harwell appointed McCord, a former Republican state representative, as chief clerk after she became speaker in 2011. Last year, McCord faced controversy when then-state Rep. Billy Spivey, R-Lewisburg, alleged he had used foul language and made an obscene gesture to a female staffer. Humphrey on the Hill has more on the news.

Posted by: Stacey Shrader Joslin on Jan 5, 2017

The state’s four largest chambers of commerce have joined forces to push the legislature to impose a tax on Internet sales, the Tennessean reports. A joint legislative agenda from the Chattanooga, Knoxville Memphis and Nashville chambers lists the tax among their top priorities for the 2017 legislative session. Tennessee currently charges a sales tax, but lacks enforcement for out-of-state retailers that do not pay it according to the paper.

Posted by: Stacey Shrader Joslin on Jan 3, 2017

Several medical groups want Tennessee lawmakers to replace the state’s malpractice system with one similar to that being used to settle workers’ compensation claims, Nashville Public Radio reports. One of these groups, the North Carolina-based organization Medical Justice, says it would like to make Tennessee the first state to do away with its medical malpractice system. On the other side of the issue, Andy Spears with Tennessee Citizen Action says the current system works fine and the threat of lawsuits forces doctors to take extra precautions.

Posted by: Stacey Shrader Joslin on Dec 27, 2016

Beginning in 2017, Tennessee’s public high school students will have to pass a civics test using questions administered by the U.S. Citizenship and Immigration Services to those seeking citizenship, the Johnson City Press reports. The General Assembly passed legislation this year requiring students to answer correctly at least 70 percent of between 25 to 50 questions from the 100 within the test. At this point, passing the test is not a requirement for graduation, but some lawmakers have expressed an interest in making that the case. Only eight other states require statewide testing in civics and only two of those – Ohio and Virginia – require students to pass the test to graduate.


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