TBA Law Blog


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Posted by: Josie Beets on Mar 21, 2014

An attempt to change the selection process for Tennessee's attorney general failed again on the Senate floor Thursday. Brought by Sen. Mae Beavers, R-Mt. Juliet, the proposed constitutional amendment sought popular election of the AG. Currently, the AG is appointed to an eight-year term by the state Supreme Court. This was the second vote on the measure, and the AP reports Senate rules prohibit Beavers from bringing the measure to the floor again this session.

Posted by: Brittany Sims on Mar 20, 2014

Dozens of murder victims’ loved ones packed Nashville’s Legislative Plaza yesterday, supporting a bill to allow a living picture of a victim to be shown during a murder trial — currently, the jury only sees autopsy photos and gruesome crime scenes. Critics of the bill argue it could jeopardize the entire outcome of the trial, along with current judicial rules that are already in place. Judges often rule that a living photo of the victim is not relevant when presenting the facts of the case. The House Civil Justice Committee decided to move the bill to a summer study session. WRCBTV has more.

Posted by: Josie Beets on Mar 19, 2014

A bill banning "mass picketing" by unions is unconstitutional, according to Tennessee Attorney General Robert Cooper. The bill is scheduled for a vote in the House Consumer and Human Resources Subcommittee next week. The Chattanooga Times Free Press reports that House Democratic Caucus Chair Mike Turner asked for the opinion, citing potential "invalid" restrictions on speech. The AG's opinion confirms Rep. Turner's concerns, saying the bill raises First Amendment issues in the form of "content-based restriction on speech."

Posted by: Josie Beets on Mar 18, 2014

The next two weeks could be crucial for the General Assembly, the Tennessean suggests, as big issues such as meth abuse, school vouchers, free tuition for community college students and in-state tuition for undocumented immigrants still face decisions in the House and Senate before they shut down. The TBA's package of bills continues to progress towards passage. The five-year statute of repose for legal malpractice passed the House Monday and is now headed to the Governor, as is the TBA's family law bill. However, the TBA has concerns about bills regarding patent litigation, employment discrimination, and confidentiality for victims of sexual offenses and has communicated these concerns to the legislature. These measures continue to move forward without changes. A bill on the issue of bad faith patent infringement (SB1967/HB2117) is ineffective, since any litigation would likely not survive a preemption challenge and existing case law effectively addresses these issues. Another bill (SB2126/HB1954) would gut protections for whistleblowers in employment discrimination cases, and only protects against retaliation if a report was in writing or email. Under the guise of keeping crime victim information confidential, SB2254/HB2361 would make it more difficult for defense attorneys to discuss identifying information about the victim with their client. TBAImpact has more.

Posted by: Brittany Sims on Mar 14, 2014

The Tennessee Senate yesterday unanimously approved a bill by Sen. Mark Norris, R-Collierville, to end the statute of limitation on rape cases, WREG reports. Rape cases currently must be prosecuted within eight years; aggravated rape within 15 years. If the House approves the bill and the governor signs it into law, it will go into effect July 1. An amendment to the bill requires victims to report rapes within three years.

Posted by: Josie Beets on Mar 13, 2014

A proposal that would result in a constitutional amendment for the popular election of the Attorney General was delayed again today. The sponsor of SJR123, Sen. Mae Beavers, R-Mt. Juliet, rolled it to next Thursday's Senate floor calendar. The resolution failed to gain support in the Senate last month when it fell two votes short of a majority. Yesterday, the Associated Press reported that Sen. Jim Kyle, D-Memphis, and Sen. Mark Green, R-Clarksville, were considering putting their support behind the measure. Currently, the AG is appointed to an eight-year term by the Tennessee Supreme Court. The TBA supports the current selection process, and urges members to express their support through TBAImpact, the TBA's legislative advocacy tool.

Posted by: Brittany Sims on Mar 12, 2014

The Senate Judiciary Committee voted 7-1 yesterday evening to pass Gov. Bill Haslam’s plan to combat meth labs by capping pseudoephedrine purchases at two 20-tablet boxes a month and six boxes a year, the Tennessean reports. That measure is competing with several others in both the House and Senate, where some members favor making pseudoephedrine available only by prescription. Many see that as the harshest proposal to regulate the drug, which is found in many cold and allergy medicines but also is essential to making methamphetamine.

Posted by: Brittany Sims on Mar 12, 2014

The “Big Four” mayors of Chattanooga, Knoxville, Memphis and Nashville signed a joint letter expressing their “united opposition” to a bill that would block Nashville from proceeding with its plans for a bus rapid transit line known as "the Amp," without approval from the state legislature, the Commercial Appeal reports. The letter — signed by Mayors Andy Berke of Chattanooga, Madeline Rogero of Knoxville, A C Wharton of Memphis and Karl Dean of Nashville — notes that while the current bill is limited to a bus system in Nashville, “it sets a dangerous precedent for future intervention by the General Assembly in the selection of regional transportation projects across the state.” The Senate Transportation Committee later dropped language from the bill that would have required the General Assembly to sign off on the Amp, the Tennessean reports.

Posted by: Josie Beets on Mar 12, 2014

Senate Minority Leader Jim Kyle and Sen. Mark Green told the Associated Press today they may put their support behind a constitutional amendment for the popular election of the Attorney General. The resolution, sponsored by Sen. Mae Beavers, failed to gain support in the Senate last month when it fell two votes short of a majority, but it is scheduled for a re-vote tomorrow. Sen. Green's competing proposal for gubernatorial and legislative appointment of the AG has stalled in the House this session. Currently, the AG is appointed to an eight-year term by the Tennessee Supreme Court. In her February President's Perspective column, TBA president Cynthia Wyrick argued the current selection process works and should not be changed. Use TBA Impact now to let your Senators know where you stand in advance of tomorrow morning's vote.

Posted by: Suzanne Craig Robertson on Mar 11, 2014

The Tennessee Senate today passed a bipartisan bill 27-2 by Sen. Brian Kelsey, R-Germantown, that will "help reformed former felons find employment and lead lawful lives as productive members of society," a news release from the Senate Republican Caucus says. The House companion, HB1109, is sponsored by Rep. Karen Camper, D-Memphis. Senate Bill 276 will help spur job creation, reduce crime, and protect businesses from needless lawsuits by allowing individuals to petition courts for a certificate of employability, it says. These certificates operate to protect employers who hire new job-seekers from claims of negligent hiring. Knoxblogs.com carried the news.


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