During the 2023 legislative session, the Tennessee General Assembly passed several bills aimed at reducing local control of three Nashville boards, including the Nashville Airport Authority, the Nashville Sports Authority and the Music City Center. A fourth bill was passed that reduced the Metro Council to 20 members. According to reporting by the Tennessean, the city challenged all of these bills in court, spending, as of Dec. 12, $682,949 in out-of-pocket costs. Metro Legal Director Wally Dietz says that amount includes costs for outside counsel and expert witnesses brought on to help with the cases, filing fees and court reporters. That number does not include the 1,645 hours the legal department’s attorneys say they have spent on the cases as of Dec. 27. The state attorney general's office defended the legislature in the suits. It says it spent $2,096.08 for court reporters, transcripts and filing fees for the four suits, but does not track the value of staff attorneys' time.

One of the most important responsibilities of the TBA is to advocate for the legal profession and our system of justice with Tennessee lawmakers. TBA’s Government Affairs team is committed to affect positive change on behalf of Tennessee attorneys when the 2024 session of the 113th General Assembly reconvenes on Jan. 9, and we need your help! Please consider joining TBA’s Grassroots Advocacy efforts to receive action alerts as relevant policy issues arise, including indigent representation. Respond to this survey to ensure that your voice is heard.

A three-judge panel on Friday issued a temporary injunction blocking a state law that would have replaced nearly half of the members of the Nashville sports authority with state-appointed members, reports the Tennessean. The unanimous ruling held that the 2023 law infringes on Nashville's "constitutionally protected interest in control over its local affairs." Metro Director of Law Wally Dietz said in a statement the city remains "ready to protect the rights of Metropolitan Nashville … in the hope that 2024 results in an improved relationship between the State and Metro Nashville." The decision marks the fourth time this year that courts have sided with Metro Nashville in its legal fights with the state. 

Tennessee could become the first state to adopt a statewide ban of political flags, including rainbow pride flags and transgender rights flags, in publicly funded schools, should HB1605 become law, the Tennessean reports. “We’re simply trying to remove political statements … so that the school can focus on educating the child, and not getting involved in these kinds of political issues.” said Rep. Gino Bulso, R-Brentwood, the bill’s sponsor. Other flags that would be impacted by the bill include the Thin Blue Line (a sign of support for law enforcement), Black Lives Matter and the POW/MIA flag.

A new Vanderbilt University poll shows that support among Tennesseans for gun safety reforms has increased in recent months as the state legislature's popularity continues to decline, reports Knox News. The poll found 76% of voters polled would support legally requiring gun owners to safely secure their firearms in vehicles and "passing laws that temporarily restrict access to guns for individuals who are at high risk of harming themselves or others." Only 16% would somewhat or strongly oppose the temporary gun restriction proposal, while 19% would oppose a vehicle safe storage law. Approval of the state legislature dropped one point from Vanderbilt's spring poll to 42%, the lowest ever recorded by the poll.

After requesting two state bodies investigate the sentencing decisions of Shelby County District Attorney (DA) Steve Mulroy and Shelby County Criminal Court Judge Paula Skahan, WREG reports that state Sen. Brent Taylor, R-Memphis, is now asking the Senate Judiciary Committee to review Mulroy’s agreements with three outside organizations. Mulroy previously announced consulting agreements with Just City, the Vera Institute and the Justice Innovation Lab. Taylor says that, “Memphians have a right to know if the agreements between the DA’s office and these outside groups are inconsistent with state laws and policies." Mulroy says any allegations of impropriety are baseless and that consulting arrangements with national expert groups are common place.

One of the most important responsibilities of the TBA is to advocate for the legal profession and our system of justice with Tennessee lawmakers. TBA’s Government Affairs team is committed to affect positive change on behalf of Tennessee attorneys when the 2024 session of the 113th General Assembly reconvenes on Jan. 9, and we need your help! Please consider joining TBA’s Grassroots Advocacy efforts to receive action alerts as relevant policy issues arise, including indigent representation. Respond to this survey to ensure that your voice is heard. 

State Sen. Adam Lowe, R-Calhoun, is proposing Tennessee adopt a uniform process for conducting recalls of non-constitutional public officials, WATE reports. Calhoun says the bill would not affect constitutional officers such as governor, secretary of state, attorney general or any county leadership. Instead, it would deal with city leadership and school boards. He says a situation in his own district motivated him to propose the legislation.

Tennessee House Democrats Wednesday sent a letter to the U.S. Department of Justice (DOJ) requesting that Attorney General Merrick Garland’s office investigate the 2019 passage of Gov. Bill Lee’s school voucher bill. Action News 5 reports there have been allegations of attempted bribery and coercion by then-Speaker Glenn Casada. The letter reads, in part, “Before taking a final tally, Casada held the vote open for 45 minutes, meeting with lawmakers on a balcony behind the speaker’s podium to try and change their mind." They note that "media outlets" have reported that during one of these meetings, Casada unsuccessfully offered former Rep. John Mark Windle, D-Livingston, a promotion from colonel to general in the Tennessee National Guard if he changed his vote, and point out that only the governor would have the power to make that type of promotion.

State Sen. Brent Taylor, R-Memphis, yesterday requested two state bodies launch investigations into the professional behavior of Shelby County District Attorney (DA) Steve Mulroy and Shelby County Criminal Court Judge Paula Skahan, reports the Commercial Appeal. Taylor asked the Board of Professional Responsibility and the Board of Judicial Conduct to look into two cases in which Skahan altered a 162-year sentence for nonviolent offenses and changed a death penalty sentence to life in prison. Taylor told the paper that the judge and the DA had no authority to “collude to get a predetermined outcome to a hearing.”