TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 30, 2022

In addition to sleeping in office buildings, children in the custody of the Department of Children’s Services (DCS) are spending upwards of eight months in hospital beds across the state, Tennessee Lookout reports. Some of the children have medical and behavioral health needs that require inpatient hospital care but others do. Michele Johnson, executive director of the Tennessee Justice Center, says hospitalizing kids when they do not require hospital care is a violation of the Americans with Disability Act. A group of Democratic state lawmakers recently asked the governor to provide emergency funding to resolve the situation. Lee told WKRN that he will not dip into the state’s rainy day fund to address the issue but instead will work through the regular budget process.

Posted by: Kate Prince on Nov 29, 2022

Tennessee House Republicans have nominated Speaker Cameron Sexton to serve a third term in the chamber’s top leadership position, the Associated Press reports. Republican House members also voted to keep Rep. William Lamberth as majority leader and Rep. Jeremy Faison as caucus chairman. They voted to fill several other positions as well. The speaker role requires the full House’s vote when lawmakers reconvene in January for the 2023 legislative session.

Posted by: Kate Prince on Nov 29, 2022

A set of primaries to fill the seat of late Tennessee Rep. Barbara Cooper, D-Memphis, will take place in January, the Daily Memphian reports. Gov. Bill Lee yesterday issued a writ setting a Jan. 24 primary, with Democratic and Republican winners advancing to a March 14 general election. Cooper, who represented state House District 86, died in October while seeking reelection. At the time of her death, early voting ahead of the Nov. 8 Election Day already had begun. Cooper defeated independent challenger Michael Porter. The election commission began issuing qualifying petitions for candidates Monday. The deadline to file primary petitions is noon Dec. 15 with the withdrawal deadline of noon Dec. 19.

Posted by: Stacey Shrader Joslin on Nov 28, 2022

State House Democrats voted 11-10 over the weekend to replace Caucus Chair Vincent Dixie, D-Nashville, with John Ray Clemmons, D-Nashville. Dixie had served just two years in the position after beating Clemmons for the job in 2020, the Nashville Post reports. Democrats also voted to return Minority Leader Karen Camper, D-Memphis, to her leadership position. She is running for mayor of Memphis next year. Other leaders elected were: Nashville Rep. Harold Love, assistant minority leader; Nashville Rep. Bill Beck, house floor leader; Nashville Rep. Jason Powell, minority whip; Nashville Rep. Bob Freeman, caucus vice-chair; Knoxville Rep. Gloria Johnson, caucus treasurer; Clarksville Rep. Ronnie Glynn, caucus secretary; and Memphis Rep. Larry Miller, leader pro tempore.

Posted by: Stacey Shrader Joslin on Nov 28, 2022

Tennessee state Sen. Brian Kelsey, R-Germantown, last week pleaded guilty to two of five counts in his campaign fraud case: conspiracy to defraud the United States and accepting excessive campaign contributions. The Daily Memphian reports that he faces up of five years in prison and $250,000 fine on each count. Kelsey also gave up his right to a trial and prosecutors agreed not to try him on the other three charges. Kelsey is scheduled to be sentenced on June 9. Last year Kelsey pleaded not guilty to all five counts, calling the charges a “witch hunt” and blaming them on President Joe Biden. He recently requested a change of plea hearing after co-conspirator Joshua Smith pleaded guilty to helping him implement the scheme.

Posted by: Stacey Shrader Joslin on Nov 18, 2022

Tennessee Department of Children's Services (DCS) Commissioner Margie Quin is seeking $156 million in new funding, including $15.8 million for caseworker salary increases, the Tennessean reports. In her department’s budget request, Quin noted that nearly half of all new caseworkers quit within their first year. Quin called the turnover rate "horrific" as the department faces a challenge of correcting years of systemic staffing woes and increased numbers of children in state foster care. "It is no secret that DCS has failed to hire and retain staff, and as a result has seen unusually high caseload averages throughout the state, especially in hard-hit staffing areas like Davidson County," Quin told Gov. Bill Lee and his budget staff.

Posted by: Kate Prince on Nov 16, 2022

The Senate Republican Caucus met Tuesday and voted to keep its same leadership group, the Nashville Post reports. In addition to nominating Sen. Randy McNally, R-Oak Ridge, to his fourth term as speaker, Republicans also voted to return Jack Johnson, R-Franklin, as majority leader and Ken Yager, R-Kingston, as caucus chair. Rounding out the Senate leadership group are treasurer Ferrell Haile, R-Gallatin, secretary Dawn White, R-Murfreesboro, chaplain Shane Reeves, R-Murfreesboro, and vice treasurer Bill Powers, R-Clarksville. House Republicans, who likewise dominate the lower chamber, have not yet voted on new leaders, though House Speaker Cameron Sexton, R-Crossville, has not drawn any public challengers. 

Posted by: Kate Prince on Nov 15, 2022

State Sen. Randy McNally, R-Oak Ridge, has been nominated to another term as speaker, the Tennessee Journal reports. The Senate Republican Caucus made the nomination, which would have McNally serve another two-year term. McNally succeeded former Speaker Ron Ramsey in 2017. He served four terms in the state House before being elected to state Senate in 1986. The full Senate will officially vote on the speaker in January. But with Republicans holding a 27-6 advantage, it’s largely considered a formality.

Posted by: Julia Wilburn on Nov 14, 2022

State Senate Majority Leader Jack Johnson (R-Franklin) last week introduced Senate Bill 3, which bans drag shows in public, reports The Hill. SB3 is one of the first bills filed for the 113th legislative session, which begins in January. LGBTQ+ events have recently been disrupted in both Memphis and Jackson, causing organizers to cancel or modify their plans abruptly, and some have raised concerns over the First Amendment rights of drag performers, according to the Jackson Sun.

Posted by: Stacey Shrader Joslin on Nov 11, 2022

State Rep. Karen Camper, leader of the House Democratic Caucus, announced her candidacy for Memphis mayor today, Local Memphis reports. A 14-year veteran of the General Assembly, Camper told Tennessee Outlook that she would focus on public safety, workforce development, better roads and clean streets. She also touted her work securing the Memphis Regional Megasite for the Blue Oval project and Ford’s electric truck plant in Haywood County. Others already in the race include Shelby County Sheriff Floyd Bonner, school board member Michelle McKissack, former Shelby County Commissioner Van Turner, and Paul Young, head of the Downtown Memphis Commission. The election is set for fall 2023.


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