TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 14, 2016

The House Ethics Committee, which has not gathered in seven years, met today and unanimously dismissed a series of complaints filed against House Speaker Beth Harwell for actions related to the investigation and expulsion of former Rep. Jeremy Durham. The committee said the complaints, filed by Rep. Rick Womick, R-Rockvale, had no merit for moving forward. Prior to the panel taking up his complaints, Womick rescinded two of his five allegations, saying he was considering advancing them at a later date, the Tennessean reports.

Posted by: Stacey Shrader Joslin on Sep 14, 2016

In town for the special session this week, senators also are discussing another emerging controversy: how to regulate Airbnbs and other short-term rentals. The possibility of a new state law has localities watching closely, since many already have enacted regulations about tax collection, official permits and penalties for disruptive tenants. Sen. Jack Johnson, R-Franklin, says he is concerned there is a “hodgepodge” of laws across the state, Nashville Public Radio reports. The Senate will hold a hearing Thursday at 9 a.m. on the issue. According to NPR, only Arizona has taken statewide action. The legislation there stripped regulatory powers away from localities and imposed a single tax collection system.

Posted by: Stacey Shrader Joslin on Sep 14, 2016

Tennessee lawmakers today approved changes to a DUI law that will preserve the state’s access to $60 million in federal funding, the Tennessean reports. The Senate approved the measure on a vote of 31-1 this morning. During the debate, several senators entertained the idea of sending the federal government a bill to pay for the $25,000-a-day special session. The House later approved the bill on an 85-2 vote. Both chambers concluded their work around 10:30 a.m.

Posted by: Stacey Shrader Joslin on Sep 13, 2016

State Rep. Rick Womick, R-Rockvale, filed five ethics complaints against House Speaker Beth Harwell Monday, the Nashville Post reports. Each complaint alleges she violated the House Ethics Code in handling the investigation into Rep. Jeremy Durham’s workplace behavior. Rep. Steve McDaniel, chair of the House Ethics Committee, said legal counsel is reviewing the filings. “If [the complaints are procedurally] found to be compliant according to rules, we will have a meeting of the Ethics Committee in the next day or two and decide if they rise to the level of action,” he said.

Posted by: Stacey Shrader Joslin on Sep 13, 2016

Rep. Jeremy Durham was expelled from the Tennessee House of Representatives today during a special legislative session. Durham defended himself before his colleagues, noting that no formal complaint has been filed against him and he has never been charged with a crime. The bipartisan vote of 70-2 came after an hour of discussion. Reps. David Byrd, R-Waynesboro, Jimmy Eldrige, R-Jackson, Andy Holt, R-Dresden, and Antonio Parkinson, D-Memphis, voted present. As many as 12 members did not vote at all, the Tennessean reports. Lawmakers warned Durham against releasing the names of his alleged victims and pleaded with media outlets not to publish the names if he does. Durham had threatened to name his accusers if expelled.

Posted by: Stacey Shrader Joslin on Sep 13, 2016

The sponsor of the drunken driving law that forced state lawmakers to return to the Capitol this week for a special session says he is sorry. Rep. William Lamberth, R-Cottontown, tells Nashville Public Radio that his goal all along was to make it tougher on underage drivers convicted of DUIs. Though he still thinks 18 to 21 year olds should face up to 48 hours in jail if arrested for drunken driving, he is going along with the move to repeal the law given the time constraints. Federal authorities have given the state until the end of the month to fix DUI laws or lose $60 million in highway funds.

Posted by: Stacey Shrader Joslin on Sep 12, 2016

Knox County Commission Chairman Dave Wright says he will wait until hearing from the state that the position held by outgoing state Rep. Joe Armstrong is vacant before calling a commission meeting to decide whether to fill the seat before the Nov. 8 election. Armstrong announced his departure last Thursday. Knox County Democrats have selected Rick Staples to replace Armstrong on the ballot. Armstrong faces a sentencing hearing Nov. 30, Knoxnews reports.

Posted by: Stacey Shrader Joslin on Sep 12, 2016

Embattled Rep. Jeremy Durham, R-Franklin, sent an eight-page letter to his House colleagues yesterday in advance of possible action on his expulsion this week. In the letter, a copy of which was obtained by the Tennessean, he denies all accusations, defends himself, attacks the women who alleged sexual misconduct and blasts House leadership for its handling of the investigation. Durham also threatens to release a document that would name the 22 women who accused him of inappropriate conduct and release text messages he says could prove his innocence.

Posted by: Stacey Shrader Joslin on Sep 9, 2016

The Republican lawmaker who has announced plans to try to unseat Beth Harwell as speaker of the House will not be attending next week’s special session, the Tennessean reports. Rep. Jimmy Matlock, R-Lenoir City, informed his colleagues yesterday that he will be absent from the three-day session due to business commitments. “When I announced my run for Speaker, I began taking steps to transition the day-to-day operations of my business to my family. The business trip I will be attending next week has been planned for some time and is one of the final steps in this transition process,” he said.

Posted by: Stacey Shrader Joslin on Sep 9, 2016

State Rep. Joe Armstrong, D-Knoxville, gave up his seat in the General Assembly yesterday following conviction for filing a false tax return, the Tennessean reports. A federal jury found Armstrong, a 28-year veteran of the legislature, guilty of hiding profits of roughly $321,000 from a 2007 cigarette tax-stamp sale. The conviction rendered him unable to hold public office. Armstrong won re-nomination for his seat while on trial. Local Democrats have nominated Rick Staples to seek the seat in his place.


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