TBA Law Blog


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Posted by: Azya Thornton on Oct 7, 2024

The Tennessee Senate Energy, Agriculture, and Natural Resources Committee met last Thursday to discuss proposed changes to state wetlands regulations. David Salyers, commissioner of the Tennessee Department of Environment and Conservation, told lawmakers that allowing unchecked development on Tennessee’s wetlands — which serve to absorb floodwaters and replenish aquifers — could lead to flooding that will cost taxpayers “millions and millions of dollars down the road." Developers, by contrast, criticized the department's recommendations for not going far enough to remove restrictions that increase project costs and timelines. Tennessee Lookout reports on the hearing.

Posted by: Stacey Shrader Joslin on Oct 3, 2024

Democratic state House candidate Bryan Goldberg of Knoxville has filed a lawsuit seeking to block what he says are "defamatory attacks" against him and his wife, Knox News reports. Goldberg says the ads "have escalated beyond the bounds of acceptable political discourse." He is asking a Knox County chancellor to issue an injunction against his opponent, incumbent Rep. Elaine Davis, R-Knoxville, the state Republican Party, House Republican Caucus and Parthenon Strategies. The ads center on claims that Goldberg did not timely pay his property taxes. Goldberg says he was the victim of identity theft and a check for the taxes was modified and cashed by the thief. Goldberg says he appreciates that Davis publicly condemned the ad and asked her party leadership to stop running it.

Posted by: Stacey Shrader Joslin on Sep 26, 2024

The Tennessee Supreme Court has one case set for its Oct. 4 docket. It will hear oral arguments in the case of Gary Wygant and Francie Hunt v. Bill Lee et al. beginning at 9 a.m. CDT at the Tennessee Supreme Court building in Nashville. The arguments also will be live streamed on the court’s YouTube page. The case arises from a challenge to the maps of state legislative districts implemented after the 2020 census. Learn more about the case.

Posted by: Azya Thornton on Sep 23, 2024

Tennessee lawmakers will revisit wetland protection regulations in a summer study session next week. The original bill, proposed by state Rep. Kevin Vaughn, R-Collierville, sought to reduce state oversight on nearly half a million acres of wetlands and give developers and landowners a break from needing state permission to build on or fill in low-quality wetlands and up to four acres of “moderate” quality wetlands, according to Moore County News. Vaughn's legislation focused on isolated wetlands, those with no direct connection to rivers or lakes, which comprise nearly half of Tennessee's wetlands. In the months since the bill was sent to a study committee, the Tennessee Department of Environment and Conservation has held meetings with builders, environmental groups, lawmakers and state agencies in an effort to achieve consensus on how to regulate wetlands. Last week, the department issued a report recommending a number of changes.

Posted by: Azya Thornton on Sep 16, 2024

State Rep. William Slater, R-Gallatin, is proposing legislation that would allow Tennessee students to use the Classic Learning Test (CLT) as a third option for college entrance exams and qualifying for the state’s Hope Scholarship program. Similar to the ACT and SAT, the CLT assesses foundational logic and reasoning skills through classic and historical texts. Slater, dean of Adult and Online Studies at Welch College, believes the CLT offers a valuable alternative. The Moore County News has more on the proposal.

Posted by: Liz Slagle Todaro on Sep 12, 2024

The Division of State Audit in the Office of the Comptroller of the Treasury on Sept. 5 issued its performance audit report of the Tennessee Court System, which evaluated the "effectiveness and efficiency" of the current system of indigent representation, as well as other court programs. The audit recognized that Tennessee, "like many other states," continues to face obstacles, and recommended that the Administrative Office of the Courts (AOC) "continue to work with the Supreme Court, the governor and the state legislature to ensure all citizens are afforded their constitutional or statutory right to legal counsel." The report discusses the need to address capacity issues and compensation of lawyers who take these difficult cases. The TBA remains committed to working with stakeholders to secure additional resources to address these issues. Read more about the report.

Posted by: Stacey Shrader Joslin on Aug 29, 2024

State Sen. Todd Gardenhire, R-Chattanooga, was transported to a hospital in Nashville on Wednesday after experiencing a brief health episode. The Chattanooga Times Free Press reports that Gardenhire, 76, was taken from the Cordell Hull State Office Building "out of an abundance of caution." A spokesperson for the senator says he "was awake and alert when he left the building and is presently in good spirits." Gardenhire, who has represented Chattanooga in the Senate since 2013, said in a text he is recovering.

Posted by: Stacey Shrader Joslin on Aug 29, 2024

The Shelby County District Attorney's office has filed an emergency writ of certiorari against General Sessions Court Judge Bill Anderson's decision to release on his own recognizance a man who allegedly shot four people. In the unusual legal filing, the office is looking to reinstate bail for the defendant, the Commercial Appeal reports. Detawn Gunn was charged with shooting four at the Memphis entertainment district known as Railgarten. Anderson allowed Gunn out of jail without posting monetary bail, but did set conditions on his release. The district attorney’s office had proposed $500,000 in bail. WREG also reports that State Sen. Brent Taylor, R-Memphis, has weighed in on the matter, alerting the Board of Judicial Conduct to Anderson’s decision. He also says the judge's actions may violate a new state law requiring the safety of the community to be the first consideration of bail.

Posted by: Azya Thornton on Aug 28, 2024

West Tennessee District Attorney General Fred Agee has requested a state investigation into Sen. Brent Taylor, R-Memphis, for allegedly posting documents online containing a defendant's personal information, including a Social Security number, potentially in violation of state law. Agee's complaint, filed with the state Comptroller’s Office and Tennessee Bureau of Investigation, stems from Taylor's social media posts showcasing a plea agreement in a case Agee handled, which Agee says were intended to criticize him and potentially expose sensitive information. Taylor claimed the documents were shared to highlight what he perceived as lenient plea deals, and said he removed the documents when he became aware of privacy concerns. The request for investigation also explores whether the Gibson County Sheriff’s Office, where Sheriff Paul Thomas is indicted for a separate scheme, provided Taylor with the information. The Daily Memphian has more on this story.

Posted by: Julia Wilburn on Aug 27, 2024

The Tennessee Republican Party has postponed Oak Ridge Rep. John Ragan’s request to challenge his August primary loss to former Clinton police chief Rick Scarbrough, reports the Tennessee Lookout. A special-called meeting is tentatively scheduled for Sept. 7 and may take place virtually, pending approval from the Tennessee comptroller and secretary of state and despite Ragan's opposition to the "validity" of decisions made during virtual meetings. Ragan lost his Aug. 1 primary race to Scarbrough by 258 votes and days later alleged that Democrats cast "crossover" votes in the Republican primary with the purpose of defeating him.


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