TBA Law Blog


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Posted by: Julia Wilburn on Apr 5, 2024

A bill to let some Tennessee public school teachers carry handguns advanced Tuesday in a 7-1 vote in the Senate Judiciary Committee. SB1325/HB1202, co-sponsored by Sen. Paul Bailey, R-Sparta, and Rep. Ryan Williams, R-Cookeville, would let a teacher or staff member carry a concealed handgun at school after completing 40 hours of certified training in school policing at their own expense, as well as passing a mental health evaluation and FBI background check. Chalkbeat reports that parents would not be notified if their student’s teacher is armed. "The director of schools, principal and the chief of the local law enforcement agency are the only ones notified of those permitted to carry,” Bailey told senators, "and they are not to disclose if someone is or is not permitted to carry on school grounds." Sen. London Lamar, D-Memphis, was the lone vote against the measure, saying, "I do not think that it is the responsibility of teachers in our state, who have taken the oath to educate our children, to now become law enforcement officers."

Posted by: Stacey Shrader Joslin on Apr 4, 2024

Tennessee State University (TSU) is considering suing the state over 30 years of underfunding, WSMV reports. The move comes after the federal government found that the state owes TSU $2.1 billion. Leaders argue that funds meant for the school went to predominantly white schools across the state instead. The university has been in the news recently after the state legislature voted to vacate its board of directors and Gov. Bill Lee appointed new members. The news source notes that similar lawsuits filed by other historically black colleges and universities (HBCUs) have been successful.

Posted by: Stacey Shrader Joslin on Apr 3, 2024

Members of the Senate Judiciary Committee recently voted 5-3 to advance legislation that would move two judicial seats from Shelby County to other locations in the state. Before voting, the members heard from Memphis Bar Association member Justin Joy, who testified against the measure. Specifically, the bill, SB2517/HB2002, would move the circuit court seat held by state Supreme Court designee Mary Wagner to the East Tennessee district composed of Cocke, Grainger, Jefferson and Sevier counties, while the criminal court seat previously held by Melissa Boyd would go to Montgomery and Robertson counties. Sen. Brent Taylor, R-Memphis, offered an unsuccessful amendment to keep the positions in Memphis, but then was able to add language stating that if the bill becomes law, there should be an identifiable backlog where those cases could be distributed to circuit court judges with concurrent jurisdictions. Read more from Action News 5. The House Civil Justice Committee also approved its version of the bill yesterday, sending it to the Finance, Ways, and Means Subcommittee.

Posted by: Stacey Shrader Joslin on Apr 3, 2024

A bill that would make it a felony to help pregnant minors get abortion care, even if it includes taking them out of state, passed the Senate Judiciary Committee yesterday. It is now headed to the Senate Calendar Committee to be scheduled for a floor vote, WBIR reports. The bill, SB1971/HB1895 – introduced by Rep. Jason Zachary, R-Knoxville, and Sen. Paul Rose, R-Covington – passed the House Health Committee in February, but was placed behind the budget in the House's Finance, Ways and Means Subcommittee.

Posted by: Julia Wilburn on Apr 2, 2024

Shelby County Criminal Court Judge Melissa Boyd has resigned her position effective immediately, rather than wait until May 31, as she previously planned. According to the Daily Memphian, the resignation will stop a planned vote by the state legislature on Thursday to remove her from the bench. Boyd was recommended for removal in January by the Tennessee Board of Judicial Conduct, which oversees disciplinary proceedings for judges in the state. A joint committee of state legislators voted unanimously March 14 in favor of that recommendation. Rep. William Lamberth, R-Portland, who co-chaired the committee, told the news outlet Monday that if Boyd were to resign effective immediately, it would be accepted and there would be no need for a vote.

Posted by: Julia Wilburn on Apr 2, 2024

Two bills with the potential to affect foster children are on their way to Gov. Bill Lee's desk for his signature. HB2169/SB1738 would block the Department of Children's Services (DCS) from excluding potential adoptive or foster parents who hold anti-LGBTQ beliefs for "religious or moral" reasons. Another bill, SB2359/HB1726, would prohibit DCS from requiring foster parents to get the flu or whooping cough vaccine, regardless of the medical vulnerabilities of the child. Republicans have claimed that both bills will widen the pool of prospective foster families, while Democrats have voiced concerns over the mental and physical well-being of vulnerable children. The Tennessean has the story.

Posted by: Julia Wilburn on Apr 2, 2024

State Sen. Steve Southerland, R-Morristown, experienced a medical emergency during a Senate floor session Monday and was taken to the hospital, WPLN reports. A spokesperson for the Senate speaker’s office stated that other senators came to Southerland's aid and removed him from the chamber, before emergency personnel attended to him. Southerland was alert when he was taken out. He represents District 9, which serves parts of Cocke, Greene, Hamblen, Sevier and Unicoi counties.

Posted by: Julia Wilburn on Mar 29, 2024

TBA’s Legislative Updates podcast is out with a new episode featuring attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin. This week they discuss HB2710/SB2254, the TBA's conservatorship bill; HB2645, the adoption birth certificate bill; and HB2644, the adoption clean-up bill. They also discuss the TBA's testimony on Tuesday to the Senate Judiciary Committee. After testimony from TBA's Executive Director Sheree Wright and Williamson County attorney David Grimmett, the committee approved a motion in support of adding $26.145 million to the governor's budget for the purpose of increasing indigent representation funding. 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 Mar 27, 2024

Shelby County Criminal Court Judge Melissa Boyd’s bond was revoked today following a hearing where prosecutors argued she violated a number of bond conditions. Prosecutors said she failed two recent drug tests — one on March 12 and one on March 15 — and did not report for two additional drug screens on March 23 and 25. They also told the judge that she failed to report to Shelby County pretrial services or make weekly call-ins with the department. The Daily Memphian reports that Boyd will remain incarcerated until her trial begins on April 24, unless she pleads guilty before then. Boyd had been out on a $5,000 bond since Dec. 13, 2023. In related news, state legislators will vote on April 4 on whether to remove Boyd from office. The Daily Memphian has that story as well.

Posted by: Stacey Shrader Joslin on Mar 27, 2024

TBA's testimony before the Senate Judiciary Committee, by TBA Executive Director Sheree Wright and Williamson County attorney David R. Grimmett, is now available to watch online. The pair talked about the need to increase the hourly rate and cap for court-appointed attorneys representing the indigent, and expressed support for the Administrative Office of the Court’s budget request of $26.145 million to raise the hourly rate to $80 per hour. Following their testimony, the committee approved a motion in support of adding $26.145 million to the governor's budget for that purpose. The funds ultimately will be decided through budget negotiations between the administration and the legislature. Watch the TBA's testimony beginning at 17:08.


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