TBA Law Blog


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Posted by: Suzanne Craig Robertson on Mar 20, 2012

Rep. Julia Hurley, R-Lenoir City, was asked to leave the Roane County Courthouse last week because she had a dog with her. Hurley, who says she simply didn't know dogs weren't allowed in the courthouse, says the 11-pound dog is a service animal and therefore permitted in public places according to the Americans with Disabilities Act. The dog was already registered as a service dog when she adopted it, she points out, saying that's why she got the dog so she could take it to the hospital to visit cancer patients. WATE reports

Posted by: Suzanne Craig Robertson on Mar 20, 2012

Rep. David Hawk returned to the state legislature on Monday afternoon, just hours after his first court appearance on a misdemeanor charge of domestic violence resulted in an order for the Greeneville Republican to have no contact with his wife. In a statement to reporters, he said that his wife, lawyer Crystal Goan Hawk, “had a gun and told me that she was going to put a bullet in my head while I was holding my baby.” This is contrary to the criminal complaint obtained by The Greeneville Sun, which describes Crystal Hawk saying her husband grabbed her by the arm, struck her in the face and knocked her to ground in an altercation at their home. The Tennessean reports

Posted by: Suzanne Craig Robertson on Mar 19, 2012

Doctors who perform abortions in Tennessee could see their names listed online, and women who undergo the procedures could be unintentionally identified under a bill pending in the state legislature. House Bill 3808, known as the Life Defense Act of 2012, sponsored by Rep. Matthew Hill, R-Jonesborough, is scheduled to come up Wednesday in a state House committee.  Read more in the Tennessean

Posted by: Suzanne Craig Robertson on Mar 19, 2012

According to the Greene County Sheriff's Department, Tennessee State Rep. David Hawk, R-Greeneville, was arrested Sunday morning and charged with domestic assault. Hawk remained in the Greene County Jail as of Sunday evening. Hawk pleaded not guilty to the charge this morning in an appearance in Greene County General Sessions Court. He told the Greeneville Sun that he is innocent and "did not do what has been alleged against me. I did not harm my wife."

Posted by: Suzanne Craig Robertson on Mar 19, 2012

Opponents of Republican-drawn lines for the Tennessee Senate are suing for the redistricting plan to be thrown out on the basis that it ignored proposals made by the Legislature’s Black Caucus, their lawyer, Bob Tuke, said Friday. Tennessee lawmakers in January approved new boundaries for the 132 seats in the Tennessee General Assembly and the state’s nine seats in the U.S. House. House Democrats had complained that the proposal, which placed five black incumbents into three seats, could reduce the number of African-Americans serving in the Legislature. The Leaf-Chronicle has the AP story

Posted by: Suzanne Craig Robertson on Mar 16, 2012

Legislation, characterized by backers as a “conversation starter” on judicial selection, quickly emerged and cleared its first hurdle this week. HJR 753 by Rep. Jon Lundberg, R-Bristol, proposes to amend the Tennessee constitution to explicitly establish merit selection, performance evaluation and retention elections as the method for selecting appellate judges in Tennessee. The proposal also inserts a requirement that judges nominated by a commission and selected by the governor also be confirmed by both houses of the General Assembly before facing the voters. The Tennessee Bar Association has consistently and firmly expressed the view that it is critical that extension of the present plan be accomplished while a constitutional amendment is under discussion and that legislative confirmation causes practical problems of delay in filling vacancies while adding little to the process other than unwanted political influence.

Posted by: Suzanne Craig Robertson on Mar 15, 2012

State Rep. Frank Niceley of Strawberry Plains said today he will seek the Republican nomination as successor to Sen. Mike Faulk of Church Hill. Faulk announced last week that he will not seek reelection to the Senate District 8 seat, which covers Claiborne, Grainger, Hancock, Hawkins, Jefferson and Union counties. Knoxnews has more

Posted by: Stacey Shrader Joslin on Mar 14, 2012

The House State and Local Government Subcommittee today advanced a Democratic proposal to change Tennessee's new voter ID law, but rejected a second bill and delayed a third. The panel voted 4-3 in favor of a measure that would allow people without government-issued identification to vote after being photographed at the polling place. House Minority Leader Craig Fitzhugh, D-Ripley, said the bill would eliminate the need for voters who don't have the proper ID to cast provisional ballots. The panel went on to reject another Fitzhugh proposal to move the responsibility for making voter IDs to local election commissions instead of the state Department of Safety, and delayed until a later meeting, another Fitzhugh bill that would exempt people over age 60 from the ID requirement. Memphis Daily News has more

Posted by: Barry Kolar on Mar 14, 2012

A compromise bill that would alter the handling of ethics complaints against judges won Senate Judiciary Committee approval Tuesday afternoon. The bill last week won approval from the House Judiciary Committee and was slated for action today at the House Government Operations Committee. The legislation would rename the Court of the Judiciary as the Board of Judicial Conduct, and would also change the appointing authorities and revise the standard for proceeding to a hearing. It would preserve the balance of 10 judges, three lawyers and three citizen members. Read more from the Tennessean

Posted by: Barry Kolar on Mar 13, 2012

A bill that would give hospitals and emergency room doctors an additional layer of protection from law suits is being criticized for setting such a high standard for negligent behavior that there would be no accountability or protection for patients. Tennessee Association for Justice President Keith Williams said that if the bill passes, “In effect, a doctor would have no responsibility for careless errors that could ultimately cost you your life.” Read more the Knoxnews’ Humphrey on the Hill blog.


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