TBA Law Blog


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Posted by: Julia Wilburn on Feb 2, 2024

Speaker Cameron Sexton, R-Crossville, has introduced an amendment to the state constitution that would allow judges to deny bail to defendants accused of certain violent offenses. The Daily Memphian reports that the amendment prohibits the consideration of the defendant’s ability to pay in setting bail and expands the discretion judges currently have to approve or deny bail for the crimes covered by the 2022 “truth in sentencing” law, a mandatory-minimum law for violent offenses. It would require the judge to explain in the case record why they decided to grant or deny bail. The change would have to be approved by a simple majority of both chambers this year and by two-thirds of both chambers in 2025 before being placed on the November 2026 ballot as a yes/no question. “This is the extra added option judges need now,” House Majority William Lamberth, R-Portland, said. “Right now, a judge absolutely should not set a bond so high with the purpose of making sure somebody can’t get that. That is absolutely unconstitutional and wrong. If any judge is doing that, they’re going to get overturned.” The move comes after Sexton and other leaders announced a new effort in Memphis last week.

Posted by: Paul Burch on Feb 1, 2024

On Tuesday of this week, the House Criminal Justice Subcommittee passed “Jillian’s Law,” WKRN reports. The bill, HB1640, is sponsored by Majority Leader William Lamberth in memory of Jillian Ludwig, a freshman at Belmont University who was shot and killed on Nov. 7, 2023, while walking in a Nashville park. Her killer, Shaquille Taylor, was a repeat violent offender prosecuted in April 2023 for a separate crime of aggravated assault with a deadly weapon. “Jillian’s Law” would require defendants like Taylor to be committed to an appropriate treatment facility, something current law does not mandate, WSMV reports. It also would require that those deemed incompetent to stand trial to be entered into the National Instant Criminal Background Check System, which serves as a database of people prohibited from buying or owning firearms. Jillian’s parents, Jessica and Matt Ludwig, testified before the subcommittee, calling on lawmakers to close what they say is a loophole in the law.

Posted by: Paul Burch on Feb 1, 2024

State Rep. Johnny Garrett, R-Goodlettsville, filed HB 2716 today to prevent a state lawmaker expelled for "disorderly behavior" from being tapped to fill their own seat, reports the Tennessean. Currently, under the state constitution and state law, local governing bodies have full latitude to fill a legislative vacancy as they see fit, so long as the person is an eligible voter in the district that is being filled. In addition, Rep. Brian Richey, R-Maryville, has introduced House Joint Resolution 706, which would amend the state constitution to prohibit an expelled lawmaker from qualifying for office for four years following an expulsion. That resolution passed out of its first subcommittee this week. Tennessee's constitutional amendment system requires two rounds of legislative approval, with an election in between, before questions go to a popular vote during a gubernatorial election year. That means the soonest either of these measures could go before voters would be November 2026.

Posted by: Stacey Shrader Joslin on Jan 31, 2024

Former state Rep. Robin Smith, who resigned after being indicted on federal wire fraud charges, has had her sentencing delayed again, Chattanoogan.com reports. The sentencing was to have occurred on Feb. 12 but has been delayed until April 5. Smith is set to testify against former House Speaker Glen Casada and his aide Cade Cothren in a trial that will begin on March 5 in Nashville. The motion noted that the trial in that case had been continued, necessitating the extension for Smith’s sentencing.

Posted by: Stacey Shrader Joslin on Jan 31, 2024

Tim Jester, a Nashville financial planner newly appointed to the Metro Arts Commission, is considering a bid for state House District 60, the Nashville Post reports. Jester recently named LaTanya Channel, former Metro director of economic growth and small business development, campaign treasurer in paperwork filed with state regulators. He filed to run as a Democrat for the seat that will be vacant after Rep. Darren Jernigan, D-Nashville, moves to a position in Nashville Mayor Freddie O'Connell's administration. Former Metro Councilmember Kevin Rhoten also had filed paperwork appointing a treasurer for the race, but he has since landed a job with Metro and removed himself from the race. Other potential candidates who have expressed interest in possibly running for the seat, according to the paper, include education policy expert Indira Dammu and gun control advocate Shaundelle Brooks.

Posted by: Paul Burch on Jan 30, 2024

State Rep. John Ragan, R-Oak Ridge, has filed HB1661 to create a petition process for removing content from public and school libraries that is accessible to minors and considered contrary to “contemporary community standards.” According to the Commercial Appeal, the bill would affect content that includes “nudity,” “excess violence,” “sexual conduct” or content that is “patently offensive” or of “a prurient interest.” The filing comes two years after lawmakers passed the Age Appropriate Materials Act, which created restrictions and enforcement of what is accessible to children in public school libraries. There is no Senate counterpart to the new proposed bill yet.

Posted by: Stacey Shrader Joslin on Jan 29, 2024

Tennessee House Speaker Cameron Sexton and Senate Majority Leader Jack Johnson were in Memphis on Friday to announce a new legislative effort to expand the criminal charges for which bail would not be an option. The Commercial Appeal reports that currently, only those charged with capital murder can be denied bail in the state. The bill, which is not yet drafted, would amend the state constitution to add other violent crimes. Sexton, who says the measure is intended to "allow the judicial branch to have more discretion," was joined at a press conference by Memphis Mayor Paul Young, Shelby County District Attorney Steve Mulroy, a number of state legislators representing Memphis and Shelby County, and local law enforcement officials. Mulroy says he supports the idea so long as the language specifically states that judges retain discretion in setting bail. State Rep. Antonio Parkinson, D-Memphis, said his constituents support the legislation because they want a safer community. State Sen. Raumesh Akbari, D-Memphis, appeared to support the amendment, but called for gun reform. The bail reform nonprofit Just City said it opposes the idea, arguing it will not tackle the crime problem in Memphis.

Posted by: Paul Burch on Jan 25, 2024

Tennessee House members looking into the feasibility of rejecting federal education funding want a comprehensive study of food waste in school cafeterias under federally funded child nutrition programs, reports the Tennessean in a story originally published by Chalkbeat. Members are evaluating recommendations outlined in a 13-page report submitted Jan. 19 by the House members of the Joint Legislative Panel on Forgoing Federal Education Funding. The report recommends additional oversight of requirements that accompany federal funds, review of new federal rules and directives, and review of federal requirements for student testing. The report was submitted nearly two weeks after Senate members of the joint panel issued their own report, citing disagreements with House colleagues about findings and recommendations.

Posted by: Stacey Shrader Joslin on Jan 24, 2024

Warning that crime in Shelby County is at a “crisis point,” state Sen. Brent Taylor, R-Memphis, has asked Tennessee Attorney General Jonathon Skrmetti for a legal opinion on possible ways to speed cases through the justice system. The Tennessee Journal reports that, according to Taylor, there are 300 pending murder trials in the county, with more being added each day. In his letter to Skrmetti, Taylor writes that Shelby County Criminal Court judges have tried only 40 criminal jury trials in 2023 compared to some 200 per year prior to the COVID-19 pandemic. Taylor also notes that former Memphis mayor Jim Strickland and District Attorney Steve Mulroy have called for action.

Posted by: Stacey Shrader Joslin on Jan 24, 2024

The state got the green light this month for a $3.1 million project to install special bullet and riot resistant laminate film on the windows of eight state government buildings in Nashville, The Tennessee Journal reports. Approval from the General Assembly’s Fiscal Review Committee came after the Department of General Services addressed concerns raised by lawmakers over a proposed no-bid contract. State officials said the vendor selected was the only one that could provide the product with the highest degree of security.


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