TBA Law Blog


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Posted by: Josie Beets on Feb 25, 2015

A bill in front of the General Assembly would eliminate the 10-day revocation period when there is a surrender of parental rights in an adoption proceeding. Sponsored by Sen. Ferrell Haile, R-Gallatin, and Rep. Jeremy Faison, R-Cosby, SB 440/HB445 goes on to say that a judge must inform the person surrendering that there is no right to revoke the surrender. The bill allows a judge to revoke or invalidate a surrender if shown by clear and convincing evidence that the surrender involved duress, fraud, or intentional misrepresentation, or if the revocation is in the child's best interest. Weigh in using TBAImpact.

Posted by: Brittany Sims on Feb 25, 2015

The Senate Judiciary Committee unanimously supported a bill sponsored by Sen. Mark Green, R-Clarksville, to create a new post in the 19th judicial district that will be filled by an appointment from Gov. Bill Haslam. The 19th judicial district is currently served by three circuit court judges and one chancery court judge: Judge Ross Hicks, Judge Bill Goodman, Judge John Gasaway and Chancellor Laurence McMillan. The new position will be on the August 2016 ballot. The Leaf Chronicle has more.

Posted by: Josie Beets on Feb 25, 2015

A bill eliminating a judge's authority to release domestic violence suspects before the end of a 12-hour cooling off period is likely to be changed by amendment, according the Tennessean. In the House Criminal Justice subcommittee meeting yesterday, bill sponsor Rep. William Lamberth, R-Cottontown, asked that the issue be tabled for a week to allow for amendment. The bill is widely seen as a response to a controversial Nashville case. Real estate developer David Chase was arrested after police said he assaulted his girlfriend, but was released when his attorney called a judge, who in turn made a call resulting in Chase's release before the 12-hour hold expired. The judge was reprimanded by the Board of Professional Conduct for those actions. Weigh in on this and other legislative issues using TBAImpact.

Posted by: Allan Ramsaur on Feb 24, 2015

The TBA bill (SB144/HB 620) to make housekeeping changes to last year’s Nonprofit Corporation Act and the Business Corporation Law moved out of the state Senate Commerce Committee today by a vote of 9 to 0. The bill is sponsored in the Senate by Jack Johnson, R-Franklin, and in the House by Rep. Andrew Farmer, R-Sevierville.

The Senate Judiciary Committee also met today and recommended passage of amendments to the Rules of Appellate Procedure (SR13) and Rules of Criminal Procedure (SR12), which previously were adopted by the Tennessee Supreme Court.

Posted by: Stacey Shrader Joslin on Feb 24, 2015

A number of bills filed in the legislature this year propose to open more meetings and information to the public, Knoxnews reports. Among those affecting the judicial system are HB1306 by Rep. Ron Travis, R-Dayton, and Sen. Ken Yager, R-Harriman, which would require the Tennessee Supreme Court to meet in public when selecting the state’s attorney general and SB174 by Bill Ketron, R-Murfreesboro, and Rep. Susan Lynn, R-Mount Juliet, which would make public some information on businesses’ workers compensation insurance coverage. A bill from Sen. Mike Bell, R-Riceville, which would have required the state to disclose the death of any inmate in its custody within 10 days, was withdrawn after no House companion was filed. One bill, HB1033 by Rep. Martin Daniel, R-Knoxville, and Sen. Brian Kelsey, R-Germantown, moves in the other direction, allowing notaries who do not charge for their services to avoid having to keep a record of signings they certify.

Posted by: Barry Kolar on Feb 23, 2015

Activity in the Tennessee General Assembly is now in full swing. Keep track of the action by following the TBA Action List for news about bills the TBA has a direct interest in -- those it has initiated, taken a position on, or has a policy on -- or the TBA Watch List, which offers a broader list of bills of interest to the Tennessee legal community.

Posted by: Brittany Sims on Feb 17, 2015

Sen. Mark Green, a physician and vice-chairman of the Senate Commerce and Labor Committee, and Rep. Jeremy Durham, House Majority Whip, have introduced legislation to create the Tennessee Option, a free market alternative to state-mandated workers’ compensation insurance, The Chattanoogan reports. The proposal would create a way for employers to provide traditional workers’ compensation benefits — medical, wage replacement, etc. — under an injury benefit plan.

Posted by: Stacey Shrader Joslin on Feb 16, 2015

John Jay Hooker tells Frank Daniels with the Tennessean that after a long and very public career, he wants his final legacy to be giving Tennesseans the right to choose how they die. “It is the ultimate civil right,” Hooker says, “to be able to die with dignity, while you still have some choice in the matter.” Last week, Hooker began telling friends that he has been diagnosed with cancer and wants to dedicate his remaining time to passing a Tennessee Death with Dignity law. Last Thursday, Rep. Craig Fitzhugh, D-Ripley, filed a bill to start the process. Though he has deep misgivings about such laws, Fitzhugh said he did it out of respect for Hooker and his lifelong fight for civil rights.

Posted by: Stacey Shrader Joslin on Feb 16, 2015

Less than a week after a state attorney general’s opinion declared that commercially available exploding targets used for shooting practice are illegal under current Tennessee law, legislators have introduced a bill to specifically allow their recreational use. The bill filed Thursday by Rep. Judd Matheny, R-Tullahoma, and state Sen. Frank Niceley, R-Strawberry Plains, would create a new exception to the general ban allowing possession and use of an exploding target in “lawful sporting activity.” Knoxnews has more on the measure.

Posted by: Brittany Sims on Feb 13, 2015

The Tennessee General Assembly has come out swinging at uninsured drivers after one of them killed an insured Memphis driver last summer, News 5 reports. Rep. William Lamberth, R-Cottontown, and Sen. Bill Ketron, R-Murfreesboro, introduced companion bills that would triple the misdemeanor fine ($100 to $300) on drivers who violate the state's financial responsibility law (proof of insurance). If passed, the legislation would also require those drivers to pay reinstatement fees on top of the fines once they secure insurance.


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