TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 22, 2022

Tennessee's Republican leadership is continuing its push against critical race theory, this time turning its attention to public universities, the Tennessean reports. A bill sponsored by leaders in the House and Senate would prevent universities from penalizing students who refuse to support a number of "divisive concepts,” which are laid out in the bill. The bill, HB2670, also would give college students and staff the right to sue the university if they feel discriminated against for pushing back on these concepts. It would also require schools to conduct a survey every other year to assess the campus community’s comfort level with speaking freely regardless of political affiliation or ideology. The legislation passed the House Education Subcommittee last week.

Posted by: Kate Prince on Feb 18, 2022

Rep. Mike Stewart, D-Nashville, today announced he will not seek reelection in the state House, the Tennessean reports. Stewart, who has represented southeast Davidson County’s District 52 since 2008, made the announcement in a video on the Tennessee Holler’s Facebook page. Stewart said he plans to devote his time to election issues in the upcoming midterms and beyond, but gave no further details on his future plans other than to say he would likely run for office again “at some point.” He closed by saying he planned to “continue fighting for you, as well as the rest of the country, in my new role.”

Posted by: Kate Prince on Feb 17, 2022

Democratic state lawmakers are considering whether to renew a push for the removal of Rutherford County Juvenile Court Judge Donna Scott Davenport ahead of her retirement in August, the Tennessean reports. State Rep. Gloria Johnson, D-Knoxville, and state Sen. Heidi Campbell, D-Nashville, co-sponsored a resolution that sought to oust Davenport after a WPLN and ProPublica report was published detailing the county’s history of illegally arresting and jailing children. Shortly after, Davenport announced she would retire by Aug. 31. Johnson and Campbell say they are waiting to see if any state or federal investigations might lead to Davenport’s departure before deciding whether to put the legislation on notice for House and Senate committees to discuss. Gov. Bill Lee in October had asked the Tennessee Board of Judicial Conduct to examine the issues with Davenport, but the board said it would not continue to examine a retiring judge. Tennessee Speaker of the House Cameron Sexton, R-Crossville, said he doesn’t foresee the resolution being approved, noting that Democrats opposed a Republican effort to remove Chancellor Ellen Hobbs Lyle in 2021.

Posted by: Kate Prince on Feb 17, 2022

The TBA Legislative Updates podcast is all new with some brief updates on TBA-sponsored legislation. Join TBA Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Ashley Harbin for the latest from the Tennessee General Assembly. Are you interested in following along with the progress of TBA bills? The TBA’s new Bill Tracker webpage allows you to see a real-time tracking of what’s happening with our legislation. Legislative Updates airs every Thursday 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.  

Posted by: Stacey Shrader Joslin on Feb 16, 2022

A bipartisan group of state legislators is pushing legislation to make June 19, also known as Juneteenth, a state holiday, WATE reports. The day was recently made a federal holiday and the effort is supported by Gov. Bill Lee. June 19 celebrates the day when slaves in Galveston, Texas, were finally freed – two-and-a-half years after the Emancipation Proclamation took effect. Sponsors of the bill say a state holiday will educate generations of Tennesseans about the history of the quest for true freedom for Black Americans.

Posted by: Stacey Shrader Joslin on Feb 16, 2022

A new legislative proposal from Tennessee state Sen. Frank Niceley, R-Strawberry Plains, would require candidates in primary races for congressional seats to meet residency and other requirements, Axios reports. The current text of the bill requires candidates to have voted in three state elections, but Niceley says he plans to change that to three years of residency. He says the bill is designed to "protect Tennessee from invasion." The proposal seems to be a direct response to the state’s redrawn 5th Congressional District, where a competitive Republican primary is developing. Two of the candidates, Morgan Ortagus and Robby Starbuck, are recent transplants to the state. Niceley says federal rules prevent the state from regulating the general election but that primaries can have stricter requirements. The bill is up for a vote today in a Senate committee.

Posted by: Kate Prince on Feb 15, 2022

A bill that seeks to eliminate ranked choice voting has passed the state House and Senate, the Daily Memphian reports. Also known as instant runoff voting, the method allows voters to choose candidates by order of preference. If no candidate gets a majority, the person with the fewest votes is eliminated. Those who ranked the losing contender first will have their second option counted. The bill’s co-sponsors, Sen. Brian Kelsey, R-Germantown, and Rep. Kevin Vaughan, R-Collierville, argue ranked choice is “confusing and complex” and ultimately leads to “lack of confidence in the vote totals.” The measure now awaits Gov. Bill Lee’s signature.

Posted by: Stacey Shrader Joslin on Feb 11, 2022

State Rep. Sam Whitson, R-Franklin, announced his reelection bid this week, the Williamson Home Page reports. He currently represents District 65 in the House of Representatives. In announcing his campaign, Whitson said, “It is time to move past the politics of the pandemic and focus on upgrading our infrastructure, backing those who serve, maintaining and protecting our community, and promoting economic opportunity for both citizens and businesses.” He touts his work supporting Columbia State Community College’s satellite campus in Franklin and Fairview High School’s mechatronics program. A member of the Save the Franklin Battlefield nonprofit, Whitson also highlights his work helping preserve Civil War-era artifacts in the area.

Posted by: Kate Prince on Feb 10, 2022

Judge John W. Campbell was today confirmed to the Tennessee Court of Criminal Appeals – Western Section, the Administrative Office of the Courts reports. Campbell was appointed to the position by Gov. Bill Lee on Jan. 12. Since 2012, Campbell has served as Criminal Court judge in the 30th Judicial District, which includes Shelby County. Prior to taking the bench, he worked as an Assistant District Attorney General in the 30th Judicial District from 1985 to 2012 and an Assistant Public Defender from 1984 to 1985. While an Assistant District Attorney General, he also was appointed a Special Assistant United States Attorney. “I am passionate about criminal justice, education, and the law,” Campbell said. “Becoming an appellate judge was always an aspiration, and I am very grateful to everyone who helped make this goal come to fruition.”

Posted by: Kate Prince on Feb 10, 2022

The General Assembly today confirmed Nashville attorney Sarah Campbell to the Tennessee Supreme Court, the Tennessean reports. Campbell, Tennessee’s associate solicitor general, clerked on the U.S. Court of Appeals and for U.S. Supreme Court Justice Samuel Alito until 2015 when she joined the Attorney General’s Office. "As a judge, I will be firmly neutral on the issues that come before me," Campbell said in recent interviews with lawmakers. "The role of a judge, in my view, is to decide cases based on neutral, objective principles that don't lend themselves to any one outcome or the other." The vote to confirm Campbell was nearly unanimous, with the lone dissenting vote cast by Rep. Gloria Johnson, D-Knoxville. Johnson voiced concerns about the “partisan nature” of Campbell’s work in the attorney general’s office.


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