TBA Law Blog


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Posted by: Kate Prince on Mar 10, 2022

A bill mirroring the restrictive abortion ban passed last year in Texas is set to be heard by the Tennessee House Health subcommittee next week, the Tennessean reports. Rep. Rebecca Alexander, R-Jonesborough, signed an amendment to House Bill 2779 that would ban abortions except to prevent the death or "substantial and irreversible impairment of a major bodily function" of the pregnant woman. The legislation blocks state enforcement of the ban, instead allowing state residents to sue abortion providers or a person who "aids or abets" abortions, such as by paying for or reimbursing the costs of a procedure. Residents who successfully sue under the proposed law could receive $10,000 or more for "each abortion that the defendant performed," according to Alexander's amendment. 

Posted by: Stacey Shrader Joslin on Mar 9, 2022

The Hamilton County Commission will appoint a temporary replacement for former Rep. Robin Smith, who resigned Monday and was in federal court yesterday to plead guilty to federal wire fraud. The commission said the county needs to appoint an interim member because several months are left in the legislative session, Chattanoogan.com reports. The commission will accept letters from interested candidates through noon on March 18 and will vote on a replacement on March 30. No candidate has picked up filing papers for the August primary, but interested individuals have until April 7 at noon EDT to do so.

Posted by: Stacey Shrader Joslin on Mar 9, 2022

Those opposed to the current bail system frequently raise concerns about the number of those detained before trial and the “patchwork” of bail practices across Tennessee's 95 counties. According to the state Department of Correction, about 59% of the 24,264 people in jail in the state are being detained pre-trial. According to WPLN, three bills have been introduced this session to address issues related to bail practices. SB2377/HB2367 would create a system to send alerts to all “interested parties” at each step of the legal process, including notifying the defendant of when to return to court. SB2237/HB2355 would further regulate bail bond agencies, including requiring additional continuing legal education. And SB1791/HB1936 would require a bail hearing within 48 hours of an arrest. Read more about the proposals and track where they are in the legislative process on the General Assembly's website.

Posted by: Suzanne Craig Robertson on Mar 8, 2022

Robin Smith was set to appear in a Nashville courtroom this afternoon to plead guilty to a federal charge, The Chattanoogan reports. A criminal indictment against her was unveiled on Monday that charges her with one count of federal wire fraud in connection with a conspiracy involving former House Speaker Glen Casada. She resigned from the Tennessee House of Representatives yesterday. 

Posted by: Suzanne Craig Robertson on Mar 8, 2022

Democrat London Lamar took the oath of office during Monday’s Senate floor session to temporarily replace Katrina Robinson. Robinson was ousted from her position by the state Senate because of a federal wire fraud conviction. The Bristol Herald Courier has more.

Posted by: Suzanne Craig Robertson on Mar 8, 2022

Metro Nashville Councilmember and special education coach Delishia Porterfield has picked up a petition in an effort to qualify to run in Nashville’s state House District 52, the Nashville Post reports. Porterfield, a Democrat, is the first candidate in the race to succeed retiring Rep. Mike Stewart, D-Nashville. 

Posted by: Suzanne Craig Robertson on Mar 8, 2022

Former Shelby County Probate Court Clerk Paul Boyd has pulled a petition for the August Republican primary in Senate District 31, which is currently held by Republican Brian Kelsey but who will not be running for reelection. Boyd told The Daily Memphian he has not yet decided whether he will get into the primary. The primary for the state Senate seat includes Brandon Toney of Germantown and former Shelby County Election Commission Chairman Brent Taylor.

Posted by: Suzanne Craig Robertson on Mar 8, 2022

A three-judge panel has declined a request by the plaintiffs in a Democratic Party lawsuit to expedite proceedings, The Tennessee Journal reports. The judges said they were not convinced they had the authority to hurry up the case and that “expediting these proceedings as requested would not allow the important constitutional questions to be fully and meaningfully considered and adjudicated on the merits.” The lawsuit claims the state House maps could have been drawn with fewer than 30 split counties and that the Senate plan violated a constitutional requirement for districts to be consecutively numbered in Nashville.

Posted by: Kate Prince on Mar 7, 2022

Rep. Robin Smith, R-Hixson, today resigned from the Tennessee House after she was charged on one federal count of honest services wire fraud, the Tennessean reports. Prosecutors allege Smith, Rep. Glen Casada, R-Franklin, and Casada's former top aide Cade Cothren worked to set up a firm known as Phoenix Solutions, concealing its operator as Cothren engineered kickbacks to Smith and Casada. Smith and Casada allegedly received kickbacks from Cothren in exchange for using their official positions to pressure the House Speaker's Office to approve Phoenix Solutions as an official vendor and disburse state funds to the firm, according to court records. The Tennessee Journal reports that Smith has reached a plea agreement with federal prosecutors. A hearing on the matter is set for tomorrow at 4:30 p.m. CST in Nashville.

Posted by: Stacey Shrader Joslin on Mar 4, 2022

Sen. Brian Kelsey, R-Germantown, has decided to not seek reelection, the Nashville Post reports. In October, a Nashville federal grand jury indicted Kelsey on campaign finance charges related to his unsuccessful 2016 run for Congress. His trial has been pushed back to 2023. In social media posts, Kelsey said he is looking forward to spending more time with his family. He added that he will continue “fighting for American values in the court system" and hopes to run for elected office again “in the coming years.” Kelsey was first elected to the state House in 2004 and the Senate in 2009. He has chaired both the Senate Judiciary Committee and Education Committee. Those already filing for the seat include Democrat Ruby Powell-Dennis and Republicans Brent Taylor and Brandon Toney.


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