TBA Law Blog


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Posted by: Suzanne Craig Robertson on Apr 2, 2012

The Tennessee House of Representatives passed a new tax this week that will require people to pay to have their name cleared upon the completion of diversion. HB 2774, sponsored by Rep. Eric Watson, R-Cleveland, introduces the new tax, which includes $100 that must be paid to the court when requesting diversion. Chattanoogan columnist and lawyer Lee Davis calls the new measure “a bad idea.” Read more

Posted by: Suzanne Craig Robertson on Mar 30, 2012

Tennessee senators voted on Thursday 30-0 to replace the Court of the Judiciary with a new 16-member board called the Board of Judicial Conduct, which would be appointed by judges, legislative leaders and the governor. The board would be comprised of 10 judges and 6 non-judges. The measure, SB 2671, also sets up a procedure for investigating complaints against judges and requires the board to report regularly to the legislature on how grievances are resolved. A companion bill is being scheduled for a vote on the House floor. 
Get details on how the panel would be appointed
The Tennessean has more

Posted by: Suzanne Craig Robertson on Mar 30, 2012

In an editorial, the News Sentinel says that the U.S Supreme Court’s decision about the Affordable Care Act will affect Tennesseans either way it goes and that the state legislature must be poised to act. “The Legislature has put off setting up a health care exchange, with the Republican majority betting on the law's demise,” the paper says. “But if it passes, lawmakers must act before the end of the year or allow the federal government to create one. And if the law is struck down, it must be replaced with a law that addresses the failures of the health care system that gave birth to the law in the first place.” Read the editorial

Posted by: Suzanne Craig Robertson on Mar 30, 2012

Governor Bill Haslam says lawmakers’ alternative to how the state picks judges still does what he wants, which is avoid subjecting judges in Tennessee to popular election. WPLN has more

Posted by: Stacey Shrader Joslin on Mar 29, 2012

Local school boards would be required to let students in leadership positions voluntarily express their religious viewpoints at football games, school assemblies and graduation ceremonies under a bill moving in the House. The bill, HB 3616, passed the House Education Committee this week on a voice vote after a motion to refer it to a summer study committee was tabled. The Times Free Press reports

Posted by: Stacey Shrader Joslin on Mar 29, 2012

Two gun rights bills advanced in the Senate this week with the Judiciary Committee passing SB 3002, which prohibits employers from banning the storage of firearms in cars on company lots, and the Commerce Committee passing SB 2992, which prohibits employment discrimination based ownership, storage, transportation or possession of a firearm. Both bills are sponsored by Sen. Mike Faulk, R-Church Hill. As expected, SB 3002 was amended to only cover gun carry permit holders. Sen. Stacey Campfield, R-Knoxville, further amended the bill to include licensed hunters over 21. Another amendment added exemptions for single-family homes, nuclear facilities and U.S. Department of Energy sites, such as one in Oak Ridge. TN Report has the story

Posted by: Stacey Shrader Joslin on Mar 29, 2012

A subcommittee of the House Education Committee approved a bill yesterday to allow the creation of municipal school districts in Shelby County. A similar bill was approved last week by the Senate Education Committee. The legislation is designed to overturn rulings by the courts and the state’s attorney general that localities may not take action on municipal school districts until merger of the county’s two public school systems is complete. The Memphis Daily News reports

Posted by: Stacey Shrader Joslin on Mar 29, 2012

The Senate Education Committee unanimously approved a bill yesterday that would prevent state schools from applying nondiscrimination rules to faith-based organizations. The bill, SB 3597, comes in response to a controversial policy at Vanderbilt University, which requires on-campus organizations to include any student who wants to be a member or leader of the group, even if they disagree over central beliefs. The committee briefly considered applying the rule to private schools but rejected that as an overreach of state authority. Learn more from WBIR

Posted by: Stacey Shrader Joslin on Mar 29, 2012

A proposal to repeal Tennessee's new voter ID law was killed by a Senate panel on Tuesday. Members of the Senate State and Local Government Committee voted 3-6 against the measure sponsored by Senate Democratic Caucus Chairman Lowe Finney of Jackson. Memphis Daily News has more

Posted by: Stacey Shrader Joslin on Mar 29, 2012

Legislation permitting health care providers to gain access to the medical records of anyone filing a medical malpractice claim was considered by the House Judiciary Committee this week. The bill, HB 2979, would supersede federal HIPAA laws and allow an attorney, representing a health care provider, to access a plaintiff's medical history, including mental health and past drug or alcohol abuse treatments, according to the Murfreesboro Post. The Tennessee Association for Justice called the bill an outrageous invasion of privacy and a tool for defense attorneys to intimidate victims of medical negligence and abuse. The Post has more


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