TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 21, 2023

TBA's Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin are out with a new Legislative Update podcast. In this episode, they discuss the outlook for adjournment, status of the medical records bill and Gov. Bill Lee's proposal for a new “Order of Protection” law. In a video message released this week, Lee called on the legislature to allow temporary removal of firearms from a person who poses a "current and ongoing" risk of serious harm to themselves or others "while requiring due process and a high burden of proof to preserve the Second Amendment." The trio wrap up the episode with a plug for the TBA Annual Convention set for June 14-17 in Knoxville. Legislative Update airs each week during the legislative session on TBA’s Facebook page. It is also posted on the TBA’s website and wherever you listen to podcasts.

Posted by: Stacey Shrader Joslin on Apr 20, 2023

Tennessee Rep. Scotty Campbell, vice chair of the Republican Caucus from Mountain City, resigned today when confronted with the news that he had been found guilty of sexually harassing at least one legislative intern, likely two, by a House ethics subcommittee acting in secret, NewsChannel 5 reports. The subcommittee did not release the report, which was issued on March 29 and found that Campbell violated the body's policy against workplace discrimination and harassment. It is not clear how NewsChannel 5 learned of the decision. Campbell had been accused previously of making vulgar comments and other inappropriate advances. The intern in question reportedly was relocated from the downtown building where she and Campbell both had apartments and was housed in a downtown hotel for the remainder of her internship. Legislative officials have not said how much they paid for those accommodations, saying the information is confidential. Confronted with the allegations today, Campbell referenced a second intern who apparently was involved in the investigation. "I had consensual, adult conversations with two adults off property," he said.

Posted by: Stacey Shrader Joslin on Apr 20, 2023

Tennessee Reps. Justin Jones, D-Nashville, and Justin Pearson, D-Memphis, will have to stand for election in special elections this summer to fill their seats following expulsion from the Tennessee state House. Both won quick approval to be reappointed to the positions until a special election is held. Primaries for both seats are now set for June 15 with a general election set for Aug. 3. The pair, in addition to Rep. Gloria Johnson, D-Knoxville — who also protested against gun violence but survived an expulsion vote — will meet with President Joe Biden at the White House on Monday, the Tennessean reports

Posted by: Paul Burch on Apr 19, 2023

Tennessee Gov. Bill Lee today called on the General Assembly to pass legislation for a new “Order of Protection” law before the end of the legislative session. In a video message, Lee says the new law would strengthen safety while also preserving the constitutional rights of law-abiding citizens. He makes the case that the proposal is the “best way to help individuals who intend to harm themselves or others, protect constitutional rights and keep our communities safe.” The bill would allow temporary removal of firearms from a person who poses a "current and ongoing" risk of serious harm to themselves or others "while requiring due process and a high burden of proof to preserve the Second Amendment," Lee says. WSMV has more on the proposal and responses from both Lt. Gov. Randy McNally and House Democratic Caucus Chairman John Ray Clemmons.

Posted by: Paul Burch on Apr 19, 2023

The Tennessee Senate has approved a proposal that would protect gun manufacturers, ammunition dealers and sellers from lawsuits by victims of gun violence, sending the bill to Gov. Bill Lee for his signature. The House had previously approved the bill, which spells out certain situations in which companies could be held civilly liable in state courts while exempting others. Sen. London Lamar, D-Memphis, said during deliberations that fellow lawmakers were exhibiting “disrespectful timing” in their efforts to protect gun makers while public protests for new gun legislation continue throughout the state. The bill’s sponsor said the measure was designed to give Tennessee businesses “a little civil liability.” The Associated Press reports on the bill.

Posted by: Barry Kolar on Apr 18, 2023

Tennessee House Speaker Cameron Sexton has come under fire following reports that he owns a second residence in Nashville. His 25th District includes all of Cumberland County and a portion of Putnam County. “As speaker, I am in Nashville more frequently, but that doesn’t mean that I’m not here in Crossville,” Sexton told the Crossville Chronicle. He told the newspaper that he and his family are in Crossville on weekends, during school breaks and over the summer. The reports, which WBIR in Knoxville says were first published by the newsletter Popular Information, questioned whether it was appropriate for Sexton to receive “per diem” payments for his time in Nashville when he owned a home in the city.

Posted by: Stacey Shrader Joslin on Apr 17, 2023

A story in Friday’s issue of TBA Today reported that the Tennessee legislature approved several amendments to the Tennessee Supreme Court Rules. The story indicated that the amendments approved were the same as those put out for public comment. In fact, the court did change the rules package after the comment period. The language sent to and approved by the legislature did not include changes to Rule 41 of the Rules of Criminal Procedure. That rule was returned to the Rules Commission for further consideration. View the final changes to Rule 5.02 of the Rules of Civil Procedure and Rule 49 of the Rules of Criminal Procedure.

Posted by: Stacey Shrader Joslin on Apr 14, 2023

Gov. Bill Lee yesterday signed a law that prohibits public colleges and universities in the state from allowing access to video platforms headquartered in China on campus internet networks. The law impacts TikTok, WeChat and Sina Weibo. It does not prevent students from accessing the platforms on a personal internet connection or third-party network, and provides exceptions if the apps are necessary for law enforcement activities, investigations, audits or other legal functions of a public institution of higher education. Read more from the UT Beacon.

Posted by: Stacey Shrader Joslin on Apr 14, 2023

The Tennessee Supreme Court today issued notice that the state Senate and House have ratified amendments to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure as proposed by the court. The amendments will take effect on July 1. See a description of the amendments in the court’s order soliciting comments. Based on the comments received, the court did not include changes to Rules of Criminal Procedure Rule 41 in its submission to the legislature. That proposed change was returned to the Rules Commission for further consideration.

Posted by: Stacey Shrader Joslin on Apr 14, 2023

An article in Tuesday's TBA Today indicated that Gov. Bill Lee had called on lawmakers to consider legislation allowing law enforcement to remove weapons from those deemed to be a risk to themselves or others. The article incorrectly stated that Lee supported a bill introduced by Sen. Heidi Campbell, D-Nashville. Instead, he urged introduction of a “new, strong order of protection law.” The Tennessean reports on his comments about the proposal.


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