TBA Law Blog


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Posted by: Kate Prince on Jan 20, 2022

TBA Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley are back for a third season of the TBA’s Legislative Updates show. Each week of the Tennessee General Assembly’s session, Schwarz and Lampley will give viewers a breakdown of TBA-sponsored measures or bills the association is watching. Joining the show this season is Adams and Reese attorney, Ashley Harbin, who is assisting in the TBA’s lobbying efforts. 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: Kate Prince on Jan 18, 2022

Committees in the state House and Senate today approved proposed state and congressional redistricting plans, the Tennessean reports. Seven Senate Judiciary Committee Republicans advanced the map after hearing comments from three people, all who criticized the congressional proposal that would split Davidson County up into three districts. Charlane Oliver, co-director of the Equity Alliance, called the plan “discriminatory, divisive, anti-Democratic and blatantly racist.” Committee Chair Sen. Mike Bell, R-Riceville, defended redistricting plans, expressing confidence that the supermajority has “drawn the map that represents Tennessee well and represents communities well,” Bell said. In the House, the State Government Committee considered the redistricting bills without public comment. All three bills will head to the Calendar & Rules Committee on Thursday and could land on the House floor as soon as Monday.

Posted by: Kate Prince on Jan 18, 2022

State lawmakers have introduced a bill that would start the process of removing Rutherford County Juvenile Court Judge Donna Scott Davenport following reports that revealed the county’s juvenile justice system, under Davenport’s direction, has been illegally arresting and jailing children. Senate Joint Resolution 0788, sponsored by state Sen. Heidi Campbell, D-Nashville, and co-sponsor Rep. Gloria Johnson, D-Knoxville, would allow for the creation of House and Senate committees to consider Davenport’s removal. Rep. Tim Rudd, R-Murfreesboro, sponsored similar legislation in 2020 that sought to remove Davidson County Chancellor Ellen Hobbs Lyle after she ordered increased access to absentee ballots during the August primary elections. That measure failed. Davenport has said she does plan to run for re-election, but for the first time, is being challenged by the county’s senior judicial commissioner Jacob Flatt and former Legal Aid Society attorney Andrae Crismon. Read more on the story from WPLN

Posted by: Kate Prince on Jan 13, 2022

Members of the Registry of Election Finance panel today voted to subpoena former House Speaker Glen Casada, his former aide Cade Cothren and several others as part of a reopened audit of a political action committee, the Tennessean reports. The registry chose to reopen the audit of the Faith Family Freedom Fund PAC after the PAC's treasurer stated under oath that she opened the PAC at Cothren's request, but had no further involvement in its operations. Rep. Todd Warner, R-Chapel Hill, Rep. Charlie Baum, R-Murfreesboro, former Rep. Rick Tillis, and Casada’s longtime assistant Carol Simpson will also be subpoenaed. Members of the board emphasized the subpoenas are intended to gather information and will include any and all records, correspondence and electronic communications of all kinds by and between the subpoenaed individuals.

Posted by: Kate Prince on Jan 13, 2022

A House Republican plan that would divide Nashville into three congressional districts yesterday passed through that chamber's Redistricting Committee despite the objections of House Democrats, the Tennessean reports. Under the plan, Democratic U.S. Rep. Jim Cooper’s 5th Congressional District would significantly shift southwest to include south Davidson County, east Williamson county and west Wilson County, in addition to covering Lewis, Maury and Marshall counties. The plan would also move northwest Davidson County into the 7th Congressional District, represented by U.S. Rep. Mark Green, R-Clarksville. Northeast Davidson, including most of East Nashville, would slide into the 6th Congressional District represented by U.S. Rep. John Rose, R-Cookeville. The Tennessee Democratic Party said on Twitter that it is prepared to sue over the plan, saying it denies "an entire community of shared interests a voice at the national level.” The state Senate Redistricting Committee chair also advanced two maps today – one that mirrors the map advanced by House Republicans and another that helps the Senate keep its Republican supermajority. Senate Minority Leader Jeff Yarbro, D-Nashville, criticized the congressional map, but was more resigned to redrawn Senate districts.

Posted by: Kate Prince on Jan 13, 2022

Dr. J. Adam Lowe, a small businessman and conservative talk radio host, has announced his bid for the Ninth District state senate seat currently held by Sen. Mike Bell, R-Riceville, the Chattanoogan reports. Bell has announced plans to retire. Lowe is a faculty member in public policy for Lynchburg, Virginia’s Liberty University and Montreat College in Asheville, North Carolina. He was previously executive director of the Cleveland State Foundation, where he helped steward the Bradley Achieves scholarship program and helped catalyze programs in workforce development. For six years, Lowe has hosted the conservative talk radio show, “Man Up America,” for Talk 101.3 FM. He was actively involved in the promotion of the “Yes On One” ballot initiative and served as a delegate to the 2016 Republican National Convention.

Posted by: Stacey Shrader Joslin on Jan 12, 2022

Tennessee’s legislature is expected to consider major changes to the state’s criminal sentencing guidelines in the new session, WPLN reports. At the center of the debate is the myriad of laws that contain different parole eligibility standards for different crimes. House Majority Leader William Lamberth, R-Portland, reportedly plans to propose a bill that would eliminate early release for the most serious crimes, and limit the options judges have for other offenses. He argues that victims should have greater certainty as to when offenders will be released. By contrast, Gov. Bill Lee’s 2019 criminal justice task force urged legislators to rewrite the sentencing code to reduce the number in lockup. Juvenile justice advocates also are fighting a state law that requires teens to serve at least 51 years in prison before they can seek release. A suit challenging that law is set to go before the state Supreme Court in February.

Posted by: Kate Prince on Jan 11, 2022

Redistricting, public school funding and finalizing a new spending plan are all on the agenda of this year’s legislative session which kicked off today in Nashville, the Associated Press reports. Redrawing state legislative and congressional maps appears to be an early priority ahead of the 2022 election. According to the Nashville Post, the House special redistricting committee will meet Wednesday to discuss the issue, followed by a Senate committee meeting on Thursday. House Speaker Cameron Sexton, R-Crossville, said yesterday that Republicans plan on dividing Nashville into multiple congressional district. Gov. Bill Lee is also hoping to push legislation that would address how K-12 education is funded in the state during this year’s session, a plan his administration unveiled last October. The rest of Lee’s wish list will be revealed in the coming weeks.

Posted by: Stacey Shrader Joslin on Jan 5, 2022

Public education funding is set to take center stage when state lawmakers convene Tuesday for the second year of the 112th General Assembly, Tennessee Lookout reports. Last year, Gov. Bill Lee held the first of three special sessions to begin discussing how to reform the way funding is calculated. In October, the Tennessee education commissioner conducted a listening tour across the state. Those who support reform argue that the current funding formula offers no incentive for school districts to excel. Those opposed say the move is a slippery slope to school vouchers. Others question why the legislature is taking up such a complex issue in an election year.

Posted by: Kate Prince on Dec 31, 2021

Beginning Jan. 1, beauty professionals in Tennessee are required to undergo anti-domestic violence training, WSMV reports. The bill was sponsored by Rep. Sam Whitson, R-Franklin, Sen. Becky Massey, R-Knoxville, and the YWCA of Nashville & Middle Tennessee. International disinfectant maker, Barbicide, and the YWCA teamed up to create the Shear Haven Domestic Violence Training – a training video for salon owners and stylists on how to recognize the signs of domestic violence and navigate conversations with clients who might be in danger. The Tennessee Department of Commerce & Insurance and the state Board of Cosmetology and Barber Examiners are playing significant roles in launching this initiative, which will cost employees nothing.


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