TBA Law Blog


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Posted by: Amelia Ferrell Knisely on Feb 3, 2016

A proposal set before the state House Civil Justice Committee would allow the general assembly to set the term limits for trial court judges. Tennessee main trail court judges currently serve a term of eight years. Gavel to Gavel reports that no other states give the legislature “unrestricted power” to set judicial terms.

Posted by: Amelia Ferrell Knisely on Feb 3, 2016

Lawmakers on Tuesday debated a bill (SB1618) that would give judges the discretion to determine whether to allow courtroom facility dogs in courtrooms, The Tennessean reports. Bill sponsor Sen. Jack Johnson, R-Franklin, said there is currently no state code on the practice, so some judges are hesitant to allow the dogs into their courtrooms. The courtroom facility dogs are used to provide comfort to children who may be apprehensive to testify in court. “Who is losing in that whole process of waiting are the children,” said Marianne Schroer, executive director of Williamson County Court Appointed Special Advocates (CASA).

Posted by: Amelia Ferrell Knisely on Feb 3, 2016

The Senate Judiciary Committee unanimously approved a bill that would make three or more convictions for simple possession or casual exchange of marijuana a misdemeanor rather than a felony, The Tennessean reports. The Republican-sponsored bill’s fiscal note says the changes to prosecution are expected to decrease the state’s incarceration costs by as much as $2 million. The changes are part of a bill package that includes enhancing Tennessee’s DUI laws.

Posted by: Amelia Ferrell Knisely on Feb 1, 2016

House Republicans elected Rep. Timothy Hill, R-Blountville, as their new House Majority Whip, The Tennessean reports. The position was previously held by Rep. Jeremy Durham, R-Franklin, who stepped down in January following allegations that he sent inappropriate text messages to women. Hill defeated Rep. Ron Travis, R-Dayton, with a 38-33 vote.

Posted by: Amelia Ferrell Knisely on Feb 1, 2016

The sexual harassment advisory committee established last week by House Speaker Beth Harwell met privately this morning, The Tennessean reports. Harwell tasked the committee with reviewing the legislature’s sexual harassment policy. Committee member Frank Gibson, public policy director for the Tennessee Press Association, said that the group did not make any formal decisions today. “All meetings going forward will be substantive in nature and will be open to the public.” Harwell, R-Nashville, said.

Posted by: Amelia Ferrell Knisely on Feb 1, 2016

Bibles in prison and “fancy eggs” are the focus of the Office of the Repealer during the 2016 legislative session. The Knoxville News Sentinel reports the office suggests eliminating a "fancy fresh egg marketing program" established in 1951; two Republican lawmakers have introduced a bill that would dissolve the program. The office also suggests doing away with an 1829 mandate for providing a Bible to every prison inmate.

Posted by: Amelia Ferrell Knisely on Feb 1, 2016

A measure approved by the House State Government Committee would allow Tennessee to call for a national convention on amending the U.S. Constitution to limit the federal government’s power. If the bill passes, Tennessee would join legislatures in four states – Alabama, Georgia, Florida and Alaska – to adopt resolutions calling for a “convention of states,” a movement led by the Citizens for Self-Governance. Read more from the Knoxville News Sentinel

Posted by: Amelia Ferrell Knisely on Jan 29, 2016

“How do we reconcile one’s right to bear arms with another’s right to govern his or her property?” It’s a question The Trace explores in an article about a Tennessee bill that would hold business owners liable for injuries suffered by concealed permit holders who are not allowed to bring firearms onto the premises. Bill sponsor Rep. Jeremy Faison, R-Cosby, argues, “If you deny me the chance to protect myself, you’re assuming the responsibility to protect me.”

Posted by: Amelia Ferrell Knisely on Jan 28, 2016

House Speaker Beth Harwell asked state Attorney General Herbert Slatery III to investigate Rep. Jeremy Durham following allegations that Durham had an affair with a former representative. "Additionally, I have asked (the Attorney General) to issue a report with their findings. If and when an expulsion resolution comes before the House of Representatives, the report could be part of that process," Harwell, R-Nashville, said. Harwell's request comes after Lt. Gov. Ron Ramsey earlier today claimed Durham, R-Franklin, had an affair with an unnamed representative and then forced that representative to resign. Three state representatives have resigned in the last year: Rep. Mike Harrison, Rep. Ryan Haynes and Rep. Leigh Wilburn. Read more from the Nashville Post.

Posted by: Brenda Gadd on Jan 28, 2016

Judicial confirmation legislation implementing the 2014 Amendment to the Tennessee Constitution was signed into law Jan. 28 by Gov. Bill Haslam. Earlier that day, the House of Representatives adopted the Conference Committee report for SB1, HB142 with a vote of 86-5 completing the last of the needed legislative actions. Read the full process.


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