TBA Law Blog


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Posted by: Julia Wilburn on Apr 2, 2024

Two bills with the potential to affect foster children are on their way to Gov. Bill Lee's desk for his signature. HB2169/SB1738 would block the Department of Children's Services (DCS) from excluding potential adoptive or foster parents who hold anti-LGBTQ beliefs for "religious or moral" reasons. Another bill, SB2359/HB1726, would prohibit DCS from requiring foster parents to get the flu or whooping cough vaccine, regardless of the medical vulnerabilities of the child. Republicans have claimed that both bills will widen the pool of prospective foster families, while Democrats have voiced concerns over the mental and physical well-being of vulnerable children. The Tennessean has the story.

Posted by: Julia Wilburn on Apr 2, 2024

State Sen. Steve Southerland, R-Morristown, experienced a medical emergency during a Senate floor session Monday and was taken to the hospital, WPLN reports. A spokesperson for the Senate speaker’s office stated that other senators came to Southerland's aid and removed him from the chamber, before emergency personnel attended to him. Southerland was alert when he was taken out. He represents District 9, which serves parts of Cocke, Greene, Hamblen, Sevier and Unicoi counties.

Posted by: Julia Wilburn on Mar 29, 2024

TBA’s Legislative Updates podcast is out with a new episode featuring attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin. This week they discuss HB2710/SB2254, the TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, the adoption clean-up bill. They also discuss the TBA's testimony on Tuesday to the Senate Judiciary Committee. After testimony from TBA's Executive Director Sheree Wright and Williamson County attorney David Grimmett, the committee approved a motion in support of adding $26.145 million to the governor's budget for the purpose of increasing indigent representation funding. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

Posted by: Stacey Shrader Joslin on Mar 27, 2024

Shelby County Criminal Court Judge Melissa Boyd’s bond was revoked today following a hearing where prosecutors argued she violated a number of bond conditions. Prosecutors said she failed two recent drug tests — one on March 12 and one on March 15 — and did not report for two additional drug screens on March 23 and 25. They also told the judge that she failed to report to Shelby County pretrial services or make weekly call-ins with the department. The Daily Memphian reports that Boyd will remain incarcerated until her trial begins on April 24, unless she pleads guilty before then. Boyd had been out on a $5,000 bond since Dec. 13, 2023. In related news, state legislators will vote on April 4 on whether to remove Boyd from office. The Daily Memphian has that story as well.

Posted by: Stacey Shrader Joslin on Mar 27, 2024

TBA's testimony before the Senate Judiciary Committee, by TBA Executive Director Sheree Wright and Williamson County attorney David R. Grimmett, is now available to watch online. The pair talked about the need to increase the hourly rate and cap for court-appointed attorneys representing the indigent, and expressed support for the Administrative Office of the Court’s budget request of $26.145 million to raise the hourly rate to $80 per hour. Following their testimony, the committee approved a motion in support of adding $26.145 million to the governor's budget for that purpose. The funds ultimately will be decided through budget negotiations between the administration and the legislature. Watch the TBA's testimony beginning at 17:08.

Posted by: Julia Wilburn on Mar 26, 2024

TBA Executive Director Sheree Wright and Williamson County attorney David R. Grimmett testified this week before the Senate Judiciary Committee about the need to increase the hourly rate and cap for court-appointed attorneys representing the indigent. In her statement, Wright said, “Tennessee’s court-appointed attorneys, who represent indigent citizens statutorily and constitutionally entitled to legal counsel, are the lowest paid in the country, and have not had their hourly reimbursement rate raised in 26 years.” Grimmett ended his testimony by stating, “On behalf of the juvenile court bar and every appointed counsel in this state, I am begging you to raise the rate for appointed counsel so that we can find a voice for these children and these families.” Wright and Grimmett agreed they support the Administrative Office of the Court’s (AOC) budget request of $26.145 million to raise the hourly rate for court appointed attorneys to $80 per hour, which was not included in the governor’s budget or his supplemental budget. However, Sen. Todd Gardenhire, R-Chattanooga, chair of the committee, made a motion after Wright and Grimmett’s testimony to amend the governor’s budget to add the $26.145 million in increased recurring funding to the AOC for indigent representation; this motion passed unanimously and will be signed by the members of the Senate Judiciary Committee. The funds will ultimately be decided through budget negotiations between the administration and the legislature. Watch the TBA's testimony beginning at 17:08 or see photos from the day.

Posted by: Julia Wilburn on Mar 26, 2024

A bill that would increase the penalty for making a threat of mass violence against a Tennessee school has passed the House 90-0. WCYB reports that the bipartisan HB2198/SB2263, introduced by Rep. Bo Mitchell, D-Nashville, and Sen. Jon Lundberg, R-Bristol, "increases the penalty from a Class A misdemeanor to a Class E felony," according to Mitchell. The Senate Judiciary Committee was set to take up the bill this week but deferred it to next week.

Posted by: Julia Wilburn on Mar 26, 2024

The Tennessee Senate on Monday passed SB2093, a bill that will allow records from the Tennessee Department of Tourist Development to be exempt from public records laws if the tourism commissioner and attorney general deem them “sensitive.” The Tennessean reports that the House passed a version of the bill in February, but the legislation has faced more debate in the Senate, where amendments were added to define how long documents could remain secret without being destroyed. The two chambers will have to work out their differences before the legislation can go to Gov. Bill Lee for his signature.

Posted by: Stacey Shrader Joslin on Mar 25, 2024

Two seats currently held by Memphis-based judges would be moved out of Tennessee's largest county and placed elsewhere in the state under a bill advancing in the state House, the Tennessee Journal reports. The measure would move the circuit court seat held by state Supreme Court designee Mary Wagner to the East Tennessee district composed of Cocke, Grainger, Jefferson and Sevier counties, while the criminal court seat held by Melissa Boyd would go to Montgomery and Robertson counties. Learn more in an amendment to HB2002/SB2517 that passed the House Civil Justice Subcommittee last week.

Posted by: Julia Wilburn on Mar 22, 2024

A nearly $2 billion tax and refund for businesses passed the Senate on Thursday on a vote of 25-6, the Associated Press reports. “This bill will put this issue behind us and address it in a responsible way,” said Sen. Ken Yager, R-Kingston, adding that doing so could make the state more competitive in attracting businesses to move to Tennessee. At issue are concerns that the state’s franchise tax violates a U.S. Constitution’s Commerce Clause provision, which bans states from passing laws that burden interstate commerce. Further adding to the legal woes is a 2015 case involving the U.S. Supreme Court striking down down Maryland’s tax that the justices ruled had the effect of double-taxing income residents earn in other states. The proposal is designed to prevent threats of a potential lawsuit. Speaker Cameron Sexton, R-Crossville, told reporters that the House version will be different.


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