TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 30, 2022

The candidate filing deadline is not until April 7, but several state lawmakers have already given notice they do not plan to seek another term. Two others have either stepped down or been ousted from their respective chambers amid federal charges. Tennessee Journal has the running tally.

Posted by: Stacey Shrader Joslin on Mar 30, 2022

Tennessee House Republicans on Monday passed legislation targeting "obscene" materials in school libraries. Democrats and school librarians criticized the bill as overly broad and unnecessary, the Tennessean reports. Rep. Scott Cepicky, R-Columbia, sponsored the bill, which establishes a review timeline schools must follow if a parent or guardian reports material they believe to be obscene or "harmful to minors," including removing the book for at least 30 days while the local board of education or charter school governing body conducts a review. The legislation now awaits action in the Senate.

Posted by: Stacey Shrader Joslin on Mar 30, 2022

Tennessee House Speaker Cameron Sexton said Monday he gave “factual information” to a grand jury investigating political corruption and confirmed he is not a “target” in the federal probe. Sexton was among at least five lawmakers subpoenaed to testify before the grand jury, Tennessee Lookout reports. They include Republican Reps. Jason Zachary of Knoxville, Bud Hulsey of Kingsport, Patsy Hazlewood of Signal Mountain and Esther Helton of East Ridge. Legislative Administration Executive Director Connie Ridley also made an appearance. Former Rep. Robin Smith is also cooperating with prosecutors. Federal agents are reportedly building a case alleging kickbacks and possibly bribery centered around a fake organization that marketed itself as a campaign and direct mail consultant.

Posted by: Stacey Shrader Joslin on Mar 29, 2022

The Tennessee General Assembly agreed Monday to ban newcomers from running for U.S. House and Senate seats and make the ban effective for the next election, the Nashville Post reports. The Tennessee House had preferred delaying the effective date until after this year’s election but the Senate argued it should go into effect immediately. Following negotiations, the House adopted the Senate language. If signed by Gov. Bill Lee, the measure could keep Trump-backed candidate Morgan Ortagus and music video producer Robby Starbuck from running in the state’s newly redrawn 5th Congressional District. Some have questioned the constitutionality of the measure since the U.S. Constitution specifically lays out requirements for congressional candidates, which do not include residency rules other than the candidate live in the state. In related news, Punchbowl News reported today that the Tennessee Conservative PAC is planning to fund a lawsuit to overturn the bill.

Posted by: Stacey Shrader Joslin on Mar 23, 2022

Tennessee state House Speaker Cameron Sexton, R-Crossville, and other legislators have been subpoenaed, News Channel 5 reports. The move comes two weeks after Rep. Robin Smith, R-Hixson, resigned from the House and pleaded guilty to wire fraud. Smith said she participated in a scheme to defraud the state and members of the Republican caucus by setting up and running a direct mail consulting firm under a false identity. In related news, an ethics bill to address corruption among lawmakers is in the works. According to Tennessee Lookout, Rep. Sam Whitson, R-Franklin, is developing legislation that could tighten disclosure requirements, alter the makeup of the Registry of Election Finance, and change reporting requirements on campaign receipts.

Posted by: Kate Prince on Mar 22, 2022

A state Senate Committee was today set to take up a bill that would create a polling place pilot program in Davidson County jails to ultimately provide eligible inmates with easier access to vote, NewsChannel 5 reports. The measure, Senate Bill 1957/ House Bill 2101, would allow only eligible inmates who are residents of Davidson County to vote at a satellite voting location. The jail would be required to provide voter registration applications to inmates who request them and are found eligible to vote and also to make available resources with information on the voting rights of those with criminal convictions. The program is estimated to cost $110,000 over two years. That money would come from the county and would cover pay for poll workers and equipment. The program would run until Dec. 31, 2023.

Posted by: Stacey Shrader Joslin on Mar 21, 2022

The cost of the “truth-in-sentencing” bill working its way through the Tennessee General Assembly depends on who you ask, according to the Commercial Appeal. In fact, the Tennessee General Assembly staff estimate the cost to be $40 million annually while the Tennessee Department of Corrections estimates it will cost the state $77 million annually 10 years after enacted. Last week, the Senate Judiciary Committee passed the bill, which would require certain felons to serve 100% of their sentence. David Raybin with the Tennessee Association of Criminal Defense Lawyers spoke against the bill saying it would effectively double or triple some sentences. The bill is backed by Senate leadership and has strong support among Republicans but Gov. Bill Lee has not endorsed it. His criminal justice reforms passed last year were designed to reduce sentences.

Posted by: Stacey Shrader Joslin on Mar 21, 2022

Two new bills pending before the Tennessee General Assembly aim to protect domestic violence victims while their attacker is awaiting a court date, the Tennessean reports. One would require defendants accused of committing lethal acts of domestic violence to wear a GPS monitoring device as a condition of bail. The other would raise the bail amount in these cases, making it more costly to secure pretrial release. The bills are supported by Alex Youn, who has become a victim advocate after his sister, Marie Varsos, and mother, Debbie Sisco, were killed last April by Varsos’ husband, who was on bail from previously attacking Varsos. Youn testified before the House Criminal Justice Subcommittee and Senate Judiciary Committee last week. Both bills passed the House subcommittee and now are headed to the full Criminal Justice Committee. The Senate Judiciary Committee is expected to consider the bills this week.

Posted by: Stacey Shrader Joslin on Mar 21, 2022

Tennessee lawmakers are considering legislation that would consider some types of violent crime — such as shooting into crowds of people — as community terrorism. A bill by Rep. G.A. Hardaway, D-Memphis, passed out of the House Criminal Justice Subcommittee last week and is set to be considered by the full committee on Wednesday, Action 5 News reports. “Terrorism, as defined on the national and international stages, is about using intimidation to instill fear in a population,” Hardaway says. He argues that indiscriminate shooting “is nothing more than an effort by criminal gangs who are terrorizing the community.” State Sen. Sara Kyle, D-Memphis, is sponsoring the Senate version of the bill.

Posted by: Stacey Shrader Joslin on Mar 21, 2022

Former state Sen. Katrina Robinson was sentenced Friday to time served and one year of supervised release after having been found guilty on two counts of wire fraud in September 2021, The Commercial Appeal reports. That means she will not serve any prison time. The supervised release will include standard conditions such as collection of DNA, police access to financial information and mental health counseling. U.S. District Judge Sheryl Lipman said several factors went into her ruling, including all the good Robinson has done in the community as a nurse during COVID-19 and founder of The Healthcare Institute. Lipman also cited the "very significant" loss that Robinson has already endured, including the loss of her position as a senator, potential loss of her nursing license and financial loss. While Robinson said she believed the sentence was appropriate, she still plans to appeal the guilty verdict.


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