TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 19, 2024

A new opinion from Tennessee Attorney General Jonathan Skrmetti finds that a ticketing system being utilized by the Tennessee House of Representatives for public access to the chamber is allowable under the state’s constitution. The system, introduced at the beginning of the session, allocates one ticket for every lawmaker to give to a member of the public during each House session. Establishing a ticketing system falls within the authority of the General Assembly to regulate and manage access to the Capitol building, Skrmetti said. The system “would not run afoul of the 'open door' provision of [the Tennessee Constitution] because it would not close the doors to the public; it would merely manage public access to the limited space that is available," he wrote.

Posted by: Stacey Shrader Joslin on Feb 19, 2024

State Rep. Caleb Hemmer, D-Nashville, is seeking a legal opinion from Tennessee Attorney General Jonathan Skrmetti as to whether state Education Commissioner Lizzette Reynolds meets the statutory requirements to hold the job. The Tennessee Journal reports that Hemmer wrote to Skrmetti saying that Reynolds does not possess a teacher license, which he argues is required by law. Gov. Bill Lee’s office says a teaching degree is not “explicitly required” by the statute. Lee previously told reporters that a “full vetting process” occurred at the time Reynolds was hired and determined she met the qualifications.

Posted by: Julia Wilburn on Feb 16, 2024

Franklin Republicans Rep. Jake McCalmon and Sen. Jack Johnson have introduced HB1906/SB1801, which would extend the statute of limitations for minor victims of child sexual abuse by 15 years. Fox 17 Nashville reports that the bill would give minor victims of trafficking for a commercial sex act up to 30 years after they turn 18 to sue for injuries or illnesses that occurred during the abuse. Currently, victims are able to file civil actions against alleged perpetrators for up to 15 years after their 18th birthday.

Posted by: Julia Wilburn on Feb 16, 2024

Several bills have been moving through the legislative process this week. A House panel has advanced a bill that would make it illegal for an adult to help a minor get an abortion without parental consent. The TN Ledger reports that, if enacted, the measure would make it illegal for an adult who "recruits, harbors or transports" a pregnant minor within the state to get an abortion without consent from the minor's parents or guardians. In other news, the proposed ELVIS Act unanimously passed the House Banking and Consumer Affairs Subcommittee following testimony from singer and actress Chrissy Metz, songwriter board member Jamie Moore and Recording Industry Association of America Senior Vice President of Public Policy Jessie Richard. The bill would protect the individual voice, image and likeness against irresponsible uses of AI technology, according to the Tennessean. A bill to require students to have firearm safety training at school has passed the House Education Instruction Subcommittee, WPLN reports. And legislation that would give officiants the power to refuse to marry anyone with whose habits or lifestyle they disagree is headed to the governor for his signature, reports Fox Chattanooga. Opponents say the bill is unnecessary and that the law already allows pastors to refuse to perform marriages. Finally, two bills have been delayed, according to news reports. "Jillian's Law," which would close a loophole for those currently deemed incompetent to stand trial, has been paused until legislators "ensure it does not become law without the funding to pay for it," according to WJHL. Also delayed was proposed legislation that would ban the practice of running for two offices at the same, The Tennessee Journal reports.

Posted by: Julia Wilburn on Feb 16, 2024

TBA’s Legislative Updates podcast is new with TBA lobbyist Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley. This week they discuss several bills that are moving through the legislative process, including HB2320/SB2375 on debtor/creditor relations; the rolling professional privilege tax bill, HB2586/SB1841; HB1804/SB1690 on child custody and support; HB2710/SB2254, TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, TBA's adoption clean-up bill. 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 Feb 14, 2024

A pair of legislative measures that would reshape the bail system in Tennessee moved forward in a state House of Representatives subcommittee Tuesday with near unanimous "aye" votes for both, the Tennessean reports. The first measure, filed by House Speaker Cameron Sexton, R-Crossville, would enable Tennessee judges to deny bail for a broader set of charges, including acts of terrorism, second-degree murder, aggravated rape of a child, aggravated rape and grave torture. The measure was amended to also include any offense that requires the convicted individuals to serve at least 85% of their sentence. The second measure would prohibit judges from considering a defendant’s ability to pay when setting bail and expand the discretion judges currently have to approve or deny bail for the crimes covered by the 2022 “truth in sentencing” law. Both measures now move to a full committee vote. 

Posted by: Liz Slagle Todaro on Feb 14, 2024

Plan now to take part in the Tennessee Bar Association’s Day on the Hill on March 20. The event gives TBA members an opportunity to meet with their legislators and talk to them about issues important to the profession, including funding for indigent representation. Activities begin with a luncheon, followed by meetings with legislators in the afternoon and the annual Big Shrimp legislative reception that night. Sign up now to take part.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

Shaundelle Brooks has officially announced her bid for the Tennessee House of Representatives. Brooks will run in the Aug. 1 primary to seek to represent District 60 in Old Hickory, where Democrat Darren Jernigan is not seeking reelection. In 2018, Brooks’ son Akilah DaSilva was killed during a shooting at a Waffle House, which left four people dead. Later, Brooks’ eldest son was shot in the head and seriously injured while leaving a music venue. Since then, she has become a passionate advocate for gun reform. “For five, six years I’ve been going up to the capitol, begging and pleading and trying to bring change,” she said, “And, it hasn’t happened. So I just decided that I have to be the change that I need to see.” WPLN has more on her campaign as well as two other first-time candidates who are running for the General Assembly.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

Knoxville City Councilwoman Seema Singh has suspended her campaign in the Democratic primary for the Tennessee House seat currently held by Gloria Johnson, D-Knoxville. Singh, who represents the city’s Third District and is in her second term, explained her decision saying, “… when Gloria announced her candidacy for U.S. Senate, I decided to run for House District 90 to protect this seat, in the name of the same principles for which Gloria stands. Now that Gloria has decided to run for both U.S. Senate and the District 90 seat, I know it is in everyone’s best interest for me to suspend my campaign.” Singh said she would seek the seat again if Johnson is elected to the U.S. Senate, Knox Focus reports.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

U.S. District Judge Eli Richardson last Thursday rejected motions to dismiss a federal bribery and kickback case against former House Speaker Glen Casada and his onetime chief aide Cade Cothren. The trial was rescheduled for Nov. 6, more than two years after the indictments were handed down, Tennessee Journal reports. It was last scheduled to begin on March 5.


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