Tennessee House of Representatives Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, each appointed five-member committees to consider removing Shelby County Criminal Court Division 9 Judge Melissa Boyd, which the Board of Judicial Conduct recommended in a Jan. 26 letter to the leaders. The Daily Memphian reports that removal is not an impeachment, which would begin with a vote by the House and proceed with a trial in the Senate. She would be removed with two-thirds votes by both the House and the Senate, but she would not be banned from running for reelection. Impeachment and conviction would prohibit her from running for office again with a two-thirds vote by the Senate.

A bill sponsored by Sen. Brent Taylor, R-Eads, and Rep. John Gillespie, R-Memphis seeks transparency from progressive criminal-justice reform groups that work with local district attorneys. SB2561/HB2618 would require those groups, and other nonprofits that have contracts or memoranda of understanding with prosecutors, to disclose all of their donors from the previous calendar year, reports the Daily Memphian. “These restorative-justice outfits have an outsized role in our district attorney’s office," Taylor said in a committee hearing. They "are fundamentally changing how our judicial system operates in Shelby County.” Sen. Jeff Yarbro, D-Nashville, said he supported greater transparency for nonprofits working with governments but noted that the 2021 Personal Privacy Protection Act protects donors to all nonprofits. The act says state agencies cannot “require an entity exempt from federal income tax under § 501(c) of the Internal Revenue Code to provide the names or other personal information of persons who have provided financial or nonfinancial support to the exempt entity."

House Bill 1605 passed Monday with a vote of 70-24. The bill, sponsored by Rep. Gino Bulso, R-Brentwood, would prohibit the display of any flags that “represent a political viewpoint, including but not limited to, a partisan, racial, sexual orientation, gender or other ideological viewpoint.” The bill does not explicitly prohibit the display of the Nazi or Confederate flags, reports the Tennessean. Bulso confirmed that he sponsored the bill on behalf of parents in his district who are concerned about display of the pride flags in Williamson County Schools classrooms. A companion bill could be up for a final vote in the Senate as early as Thursday, having passed the Senate Education Committee in a 5-4 vote last week. HB1183/SB0503, a wide-ranging amendment that would overhaul Tennessee's standardized testing requirements for public school students and make sweeping changes to teacher and principal accountability procedures, was filed Monday. The Tennessean reports that the new, 39-page House amendment is vastly different from a 17-page Senate version and Gov. Bill Lee's seven-page bill that more narrowly deals with school choice. A first committee hearing on the bill was scheduled for today in the House K-12 Subcommittee, and the Senate Education Committee is set to take up the bill on Wednesday afternoon.

TBA’s Legislative Updates podcast is new with TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin. This week they discuss HB1804/SB1690 which establishes a presumption of joint custody; HB2710/SB2254, the TBA conservatorship bill; and HB2644/SB2633, which cleans up some current laws relating to adoption and foster parents. 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.

A bill sponsored by state Rep. Johnny Garrett, R-Goodlettsville, passed the House State Government Committee on Wednesday, despite legislative attorney Matt Munday cautioning that it might be unconstitutional. The bill in question would prevent local governments from sending General Assembly members who are expelled “for disorderly behavior” back to the same seat, reports the Daily Memphian. State Rep. Bryan Richey, R-Maryville, is sponsoring a resolution proposing a constitutional amendment that is similar to Garrett’s bill. Richey’s resolution would go further, preventing the expelled member from holding office for four years after the expulsion. That resolution is expected to be heard next week.

Gov. Bill Lee and state Senate leadership this week announced differing proposals to introduce universal school vouchers to Tennessee. The key difference in the two plans is testing accountability. Chalkbeat reports that the governor's plan does not require participating students to take annual tests to measure whether the Education Freedom Scholarship Act leads to better academic outcomes. The Senate’s proposal requires recipients in grades three to 11 to take some type of norm-referenced tests approved by the state Board of Education. It also favors open enrollment across school systems. The House has released a third version, which would allow well-performing public schools to see more flexibility on student testing requirements, while the state would take on more costs to pay public school teachers and staffers’ health-insurance benefits, reports the Tennessee Journal.

Two bills proposed by the TBA passed in legislative committees this week. Today, the House Civil Justice Committee passed a bill drafted by the Tennessee Probate Study Group and sponsored by Rep. Johnny Garrett, R-Goodlettsville, in the House and Sen. John Stevens, R- Huntingdon, in the Senate. HB2710/SB2254 allows a medical or psychological report, required by the court to appoint a conservator, to be either notarized or declared under penalty of perjury as set forth in Rule 72 of the Tennessee Rules of Civil Procedure. The reasoning behind the bill is that doctors’ offices do not always have access to a notary public. This bill would make the process of setting up a conservatorship faster and less expensive.

On Tuesday, the Senate Judiciary Committee passed a bill drafted by TBA adoption law attorneys and sponsored by Sen. Ferrell Hail, R- Gallatin, in the Senate and Rep. Tom Leatherwood, R-Arlington, in the House. HB2644/SB2633 was amended by the TBA and those changes passed as the new bill. The TBA Adoption Law Section’s Executive Council drafted HB2644/SB2633 to ensure that changes made to the adoption code last session work better in practice and to clean up sections of the code addressing putative fathers and child witnesses. These changes will result in expediting adoptions, saving court resources, creating uniformity across the state in courts that hear adoption cases and avoiding delays in permanency.

Committees in both the state House and Senate have advanced a proposed constitutional amendment to the state’s bail law, setting up floor votes in both chambers, the Tennessean reports. In the Senate, SJR919 passed the Judiciary Committee by a vote of 6-3 despite opposition from Chair Todd Gardenhire, R-Chattanooga. He argued the change — which would expand the list of crimes for which a judge could deny bail — would pack county jails and put local governments in a financial bind to expand or build new facilities. In the House, the Criminal Justice Committee passed HJR859 on a voice vote. If approved by both chambers, the resolution still would have to pass in the 114th General Assembly before being placed on the next ballot involving a gubernatorial race. It would then have to receive a majority vote of those participating in the governor’s election.

Tennessee House Majority Leader William Lamberth, R-Portland, has filed a resolution to condemn neo-Nazism after a march in downtown Nashville that included swastika flags, WKRN reports. The proposed resolution states that “racism and hatred in any form are repugnant and sinful.” It also calls for rejecting those who promote “anti-Semitism, xenophobia, discrimination and racial intolerance in all forms.” The group that marched is believed to have been comprised of members of the extremist groups Blood Tribe and the Vinland Rebels. In a statement about the resolution, Lamberth said, “Tennesseans will never accept or normalize evil, and we denounce any ideology or group motivated by sick hatred and racial intolerance of any human being.”

State Sen. Brent Taylor, R-Memphis, is suggesting that Memphis-area suburbs split off from the Shelby County court system and hire their own district attorney, Local Memphis reports. Taylor argues that such a move is necessary, alleging that Shelby County District Attorney Steve Mulroy is soft on crime and citing problems with three judges who have been reprimanded in recent years. Mulroy responded to Taylor’s suggestion, saying: “I don’t think reprimands of judges affect the backlog. The judge is still able to rule on cases as before. I don’t anticipate that any reprimands of late would slow down the processing of cases.” On the backlog of cases, Mulroy says, “We’ve been trying cases at a faster rate in 2024 to date than last year. More importantly, the courts can set trials only a few months out, which is better than it has been in the past. What we need to focus on is the number of cases which are pending for more than a year and a half. That is unacceptably high, and we’re working on reducing that number.”