TBA Law Blog


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Posted by: Kate Prince on May 26, 2022

State lawmakers have renamed a bridge on Interstate 75 that spans State Route 2/U.S. Highway 64 in Ooltewah in honor of late state Rep. Mike Carter, the Chattanoogan reports. The renaming was included in the Transportation Omnibus Bill, which Gov. Bill Lee signed off on earlier this month. The bridge will now be known as the “State Representative Mike Carter Memorial Bridge.” Bill sponsor Rep. Dan Howell, R-Cleveland, said Carter “was a dedicated, highly respected public servant, attorney, judge and state representative for House District 29.” He added that the late representative “did a lot for Tennessee and left his imprint on this body.”

Posted by: Stacey Shrader Joslin on May 25, 2022

Gov. Bill Lee says he will sign legislation requiring “dark-money” groups that contribute to political campaigns to disclose their expenditures before elections. “I think that transparency’s a good idea,” Lee told Tennessee Lookout recently. The governor said he supports the bill in spite of opposition from some 501(c) groups. Opponents say the bill is an overreach and “improperly blurs the lines between election transparency and non-political, non-profit activity.”

Posted by: Kate Prince on May 24, 2022

State Rep. Gloria Johnson, D-Knoxville, is recovering, but “ready to go,” after suffering what is believed to have been a mini-stroke over the weekend, WBIR reports. Johnson, who turns 60 this week, collapsed on Saturday evening and was taken to the University of Tennessee Medical Center's emergency room. She was not admitted to the hospital. Doctors think she likely suffered what is referred to as a transient ischemic attack, or TIA, she said. Johnson has been representing District 13 in the state House, but after this year’s redistricting, has been prompted to move to District 90.

Posted by: Barry Kolar on May 19, 2022

The Tennessee Registry of Election Finance will not investigate a complaint filed against Rep. Paul Sherrell, R-Sparta, saying it would not be “weaponized” in the state House District 43 race, Tennessee Lookout reports. The complaint had said that Sherrell wrote checks to volunteer fire halls from his campaign account and asked for cash back to use for personal purposes. Sherrell said he used the cash to pay for breakfasts for firefighters.

Posted by: Stacey Shrader Joslin on May 17, 2022

The Tennessee Registry of Election Finance is looking into a complaint that state Rep. Paul Sherrell, R-Sparta, wrote checks from his campaign account to local fire halls and asked for cash back, potentially pocketing it while campaigning this year. Tennessee Lookout reports that the complaint was filed by Dale Walker, a Sparta resident and director of the Tennessee Pastors Network. Walker says he learned of the situation from Cassville Volunteer Fire Chief Teddy Stockton. Sherrell has denied doing anything wrong, saying that that the cash received from the checks was “not retained for personal use” but was “used to pay for breakfast/meals at campaign events.” The registry was meeting today to discuss the issue.

Posted by: Stacey Shrader Joslin on May 11, 2022

The Tennessee General Assembly recently honored TBA member and health care executive Kennard Brown for his work to improve the University of Tennessee Health Science Center (UTHSC) and the health and well-being of Tennesseeans, Memphis Medical News reports. The resolution honoring Brown — who is executive vice chancellor and chief operations officer of the center — cites his professionalism, ability and integrity and leadership in the operation of UTHSC's Memphis campus; support for international academic and research partnerships; and administration of the Plough Center for Sterile Drug Delivery Solutions and the West Tennessee Regional Forensic Center. Kennard earned his law degree and master in public administration from the University of Memphis.

Posted by: Stacey Shrader Joslin on May 9, 2022

Gov. Bill Lee has signed off on legislation banning transgender athletes from participating in female college sports, Action 5 News reports. The bill will go into effect July 1. The collegiate ban comes after a separate bill banned transgender athletes from competing on middle and high school sports teams. According to the Human Rights Campaign, Tennessee is one of eight states that have passed anti-transgender sports bills.

Posted by: Stacey Shrader Joslin on May 9, 2022

Gov. Bill Lee last week signed legislation increasing criminal penalties for anyone distributing abortion medication through telehealth or mail, the Tennessean reports. The bill prohibits any distribution of abortion medication except when prescribing is done in person by a physician. The physician is not required to monitor a patient during or after taking the medication, except for a required follow-up appointment within two weeks. The bill also makes it a Class E felony punishable by a fine of up to $50,000 if the new procedure is not followed.

Posted by: Stacey Shrader Joslin on May 6, 2022

Gov. Bill Lee has declined to sign a “truth in sentencing” bill championed by legislative Republicans, The Tennessee Journal reports. Under the final version of the bill, those convicted of nine categories of crimes, including murder, vehicular homicide and carjacking, would be required to serve 100% of their sentences. Those convicted of 17 other violent offenses — such as aggravated assault, reckless homicide or possession of a firearm during the commission of a felony — would be required to serve 85% of their sentences. In declining to sign the bill, Lee said, “Data does not support the basic premise of the legislation ... Similar legislation has been enacted before and resulted in significant operational and financial strain, with no reduction in crime. Widespread evidence suggests that this policy will result in more victims, higher recidivism, increased crime, and prison overcrowding, all with an increased cost to taxpayers.” The bill passed the House on a vote of 86-9 and 20-7 in the Senate. It will become law without Lee’s signature.

Posted by: Kate Prince on May 5, 2022

The General Assembly has ratified and approved proposed changes to the Tennessee Rules of Appellate Procedure, Rules of Civil Procedure, Rules of Criminal Procedure and Rules of Evidence. All changes will take effect on July 1. The state House approved the appellate procedure changes (Resolution 134) and the civil procedure changes (Resolution 133) on March 7 and changes to criminal procedure (Resolution 129) and rules of evidence (Resolution 130) on March 10. The state Senate approved changes to appellate procedure (Resolution 92), civil procedure (Resolution 91), criminal procedure (Resolution 90) and evidence (Resolution 93) on Feb. 24. Read the notice from the Tennessee Supreme Court clerk.


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