TBA Executive Director Sheree Wright and Williamson County attorney David R. Grimmett testified this week before the Senate Judiciary Committee about the need to increase the hourly rate and cap for court-appointed attorneys representing the indigent. In her statement, Wright said, “Tennessee’s court-appointed attorneys, who represent indigent citizens statutorily and constitutionally entitled to legal counsel, are the lowest paid in the country, and have not had their hourly reimbursement rate raised in 26 years.” Grimmett ended his testimony by stating, “On behalf of the juvenile court bar and every appointed counsel in this state, I am begging you to raise the rate for appointed counsel so that we can find a voice for these children and these families.” Wright and Grimmett agreed they support the Administrative Office of the Court’s (AOC) budget request of $26.145 million to raise the hourly rate for court appointed attorneys to $80 per hour, which was not included in the governor’s budget or his supplemental budget. However, Sen. Todd Gardenhire, R-Chattanooga, chair of the committee, made a motion after Wright and Grimmett’s testimony to amend the governor’s budget to add the $26.145 million in increased recurring funding to the AOC for indigent representation; this motion passed unanimously and will be signed by the members of the Senate Judiciary Committee. The funds will ultimately be decided through budget negotiations between the administration and the legislature. Watch the TBA's testimony beginning at 17:08 or see photos from the day.

A bill that would increase the penalty for making a threat of mass violence against a Tennessee school has passed the House 90-0. WCYB reports that the bipartisan HB2198/SB2263, introduced by Rep. Bo Mitchell, D-Nashville, and Sen. Jon Lundberg, R-Bristol, "increases the penalty from a Class A misdemeanor to a Class E felony," according to Mitchell. The Senate Judiciary Committee was set to take up the bill this week but deferred it to next week.

The Tennessee Senate on Monday passed SB2093, a bill that will allow records from the Tennessee Department of Tourist Development to be exempt from public records laws if the tourism commissioner and attorney general deem them “sensitive.” The Tennessean reports that the House passed a version of the bill in February, but the legislation has faced more debate in the Senate, where amendments were added to define how long documents could remain secret without being destroyed. The two chambers will have to work out their differences before the legislation can go to Gov. Bill Lee for his signature.

Two seats currently held by Memphis-based judges would be moved out of Tennessee's largest county and placed elsewhere in the state under a bill advancing in the state House, the Tennessee Journal reports. The measure 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 held by Melissa Boyd would go to Montgomery and Robertson counties. Learn more in an amendment to HB2002/SB2517 that passed the House Civil Justice Subcommittee last week.

A nearly $2 billion tax and refund for businesses passed the Senate on Thursday on a vote of 25-6, the Associated Press reports. “This bill will put this issue behind us and address it in a responsible way,” said Sen. Ken Yager, R-Kingston, adding that doing so could make the state more competitive in attracting businesses to move to Tennessee. At issue are concerns that the state’s franchise tax violates a U.S. Constitution’s Commerce Clause provision, which bans states from passing laws that burden interstate commerce. Further adding to the legal woes is a 2015 case involving the U.S. Supreme Court striking down down Maryland’s tax that the justices ruled had the effect of double-taxing income residents earn in other states. The proposal is designed to prevent threats of a potential lawsuit. Speaker Cameron Sexton, R-Crossville, told reporters that the House version will be different.

The Senate on Thursday passed a bill to vacate Tennessee State University's (TSU) board of directors in a 25-6 vote. All six senators who voted against the bill were Democrats. The Tennessean reports that the bill has stirred intense controversy over $2.1 billion in historic underfunding of TSU by the state and disparities in how TSU has been treated by lawmakers. University leaders have pleaded with lawmakers to extend the current board and allow it to build upon the progress it has made in the last year. The House version of the bill is at odds with the newly passed Senate version, instead moving to keep three of the board's 10 members, along with its student and faculty trustees, and is set for a full House vote on March 28.

TBA’s Legislative Updates podcast is back with attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin. They recap TBA's Day on the Hill, discuss HB2644/SB2633 (adoption clean-up bill), HB2002/SB2517 (Memphis judge bill) and funding for indigent representation. TBA President Jim Barry and Bedford County attorney Garrett Haynes testified before the House Civil Justice Committee during Day on the Hill. You can view their testimony at this link by clicking the Tennessee Bar Association tab. 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.

For years, information about Tennessee sex offenders have been just a few keystrokes away. Now, Tennessee lawmakers are considering a move that would create a similar registry for domestic violence offenders, according to News Channel 5. The proposed registry, passed by the Senate Judiciary Committee yesterday, would differ from the sex registry in several ways, including: requiring the victim's consent to place a name on the registry, omitting specific addresses, and tying the duration of the name on the registry to the number of offenses committed. In commenting on the bill, the Tennessee Bureau of Investigation said it would cost around $500,000 to operate each year. The Tennessee Coalition to End Domestic Violence and Sexual Assault is taking a neutral stance on the bill, saying that such registries can have unintended impacts on survivors. Track action on SB2277/HB2898 here.

Victims of sexual assault in Tennessee will soon get more time to receive financial compensation, reports WPLN. Current state law allows a victim of sexual assault one year to pursue civil action. A recently passed bill would extend that time frame to three years and is on its way to Gov. Bill Lee for his signature. Two other bills recently passed the Senate. The Parental Accountability Act would allow juvenile court judges to require parents to pay restitution of up to $1,000 for every crime their child commits after being arrested, while the Juvenile Organized Retail Theft Act would allow juveniles 15 years of age or older to be transferred to criminal court for smash and grabs, or for stealing firearms from vehicles. These bills now have been assigned to a House subcommittee. Action News 5 has more.

The Tennessee House of Representatives last week advanced HB2124/SB2576, which would require law enforcement agencies in the state to communicate with federal immigration authorities if they discover people are in the the country without documentation. It also would broadly mandate cooperation in the process of identifying, catching, detaining and deporting these individuals, the Associated Press reports. The bill is now pending in the Senate, where the State and Local Government Committee advanced it to the Calendar Committee. Opponents of the bill say that the "way it’s written, the bill could raise legal confusion and worsen tensions between law enforcement and immigrant communities by making local officers de-facto immigration agents."