Legislators were expected to vote today on a measure that would allow the attorney general to temporarily replace local district attorneys on cases they refuse to prosecute, the Tennessean reports. The bill, sponsored by House Speaker Cameron Sexton, R-Crossville, advanced in the Senate and House yesterday. The new bill would allow the attorney general to ask the court to install a temporary prosecutor to handle all cases charged under an offense that a district attorney “peremptorily and categorically” announced they would not prosecute. The court would still retain the authority to decide whether the circumstances merited the district attorney pro tem. Supporters of the bill said it is aimed at prosecutors "taking a rogue approach on multiple issues and refusing to uphold their oath of office.” Rep. London Lamar, D-Memphis, opposed the measure. “This is muddying the water on the separation of powers just because we don’t like the court’s decisions and the way they let their district attorneys operate,” she said.

Knox County District Attorney General Charme Allen is expressing concern over proposed legislation that would alter the length of a life sentence in Tennessee, WATE.com reports. State law defines a life sentence as 60 years, with the possibility of parole after serving 85%, or 51 years. House Bill 1532/Senate Bill 0561 would allow parole eligibility after 60% of a life sentence is served, or 36 years. Allen says she’s worried the new bill would allow those who have committed first-degree murder to be released even earlier if they earn certain credits. Though the bill does require a 25-year minimum sentence, Allen believes a life sentence “should mean more than 25 years.” She says a fiscal note from the state shows the bill would impact 1,600 inmates and would also have a retroactive effect, which would allow inmates to become eligible for parole decades before victims’ families were expecting. The fiscal note estimates the bill would save the state $1.2 million in the first year and $2.46 million for the following nine years.

Tennessee House of Representatives Speaker Cameron Sexton, R-Crossville, has made committee assignments for the this week’s special session — the third special session of the year. The Senate is sticking with its regular committees. The Tennessee Journal has the assignments.

Tennessee state Sen. Brian Kelsey, R-Germantown, today announced he will temporarily resign as chair of the Senate Education Committee, the Tennessean reports. His announcement comes after he was charged Monday with violating several campaign finance laws as part of a conspiracy to benefit his failed 2016 campaign for Congress. Kelsey, alongside the owner of Nashville social club The Standard, stand accused of moving “soft money” from Kelsey’s state Senate campaign committee to his federal campaign. Kelsey has called the indictment a “political witch hunt.”

Rep. Tim Rudd, R-Murfreesboro, has proposed new legislation that would require any district attorney general refusing to enforce state law be replaced by a court-appointed attorney, the Tennessean reports. House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, also co-sponsored similar bills that would fine or replace district attorneys who refuse to enforce state law. Rudd’s bill would directly affect Nashville District Attorney General Glenn Funk, who has publicly said he will not prosecute teachers for requiring masks and, earlier this year, announced he would not enforce a state law requiring businesses to post signs if they provide gender-friendly bathrooms to transgender people. “Prosecutorial discretion is part of our constitution,” Funk told The Tennessean upon learning the bill was filed.

The legislature’s next special session begins tomorrow with a focus on curbing the authority of health departments, schools and private businesses to impose COVID-19 mandates. Bills that have been introduced include those that would (1) ban public facilities, government agencies and private companies from requiring employees be vaccinated; (2) ban businesses from denying goods and services to those who are unvaccinated; (3) ban schools from requiring masks or contact tracing; (4) provide exemptions to mandates for personal conscience, religious beliefs, medical reasons or recovery from COVID-19; (5) allow workers who suffer vaccine side effects to file workers’ compensation claims or sue employers; (6) subject local public health officers to mayors; and (7) make school board races partisan. Read more about the proposals in the Tennessean.

Tennessee State Sen. Brian Kelsey, R-Germantown, the owner of a private Nashville social club, and other unnamed co-conspirators were indicted today by a federal grand jury, the Tennessean reports. Kelsey and Joshua Smith, owner of The Standard, were charged with five counts of violating multiple campaign finance laws as part of a conspiracy to benefit Kelsey’s 2016 campaign for Congress. The pair are accused of secretly and illegally funneling "soft money" from Kelsey's state campaign committee to his federal campaign committee via the D.C.-based American Conservative Union (ACU). Kelsey is also accused of making and accepting excessive contributions to his federal campaign. While only Kelsey and Smith are named in the indictment, several others are described by their jobs and relationships to the two, including former Rep. Jeremy Durham and Kelsey's wife, who worked at ACU from 2015 to 2017. At a news conference today, Kelsey called the charges "a political witch hunt.” Smith said a political action committee created in the club’s name gave $60,000 to “a political organization” but the PAC was dissolved in 2018. He also said he is cooperating with the investigation. Both men must surrender to the U.S. Marshals by Nov. 5 at 10 a.m. CDT.

The Tennessee Public Defenders Conference recently held its annual training conference, during which it presented the inaugural “Mike Carter Award” to Supreme Court Justice Jeffrey Bivins, Chattanoogan.com reports. The award, previously known as the “Friend of the Public Defender Award” was recently renamed for former state Rep. Mike Carter, whose widow was on hand to present the award to Bivins for courageous leadership as chief justice during the COVID-19 pandemic. Carter previously served as a Hamilton County General Sessions Court judge from 1997 to 2005, and as a legislator, championed legislation to create the Public Defenders Conference. He represented the Chattanooga area in the state House for nine years. He died from pancreatic cancer in May. Read more in a press release from the conference.

Rep. Vincent Dixie, D-Nashville, a member of the Legislative Black Caucus, is calling on Tennessee Attorney General Herbert Slatery to investigate the conduct of Rutherford County Juvenile Judge Donna Davenport, WKRN reports. Dixie's letter cited recent reporting by Propublica and NPR that alleges the court “routinely violated federal law in its detaining of minors.” Dixie’s request comes a day after 11 members of Congress asked the U.S. Justice Department to investigate the allegations and encourage the state to collect better data on juvenile cases. Slatery’s office acknowledged receiving the letter, saying it “will respond ... at the appropriate time.” Judge Davenport said pending litigation prohibits her from commenting on any of the allegations.

State lawmakers today gave final approval to a nearly $900 million spending package promised to Ford Motor Co. for a new assembly plant in West Tennessee, the Tennessean reports. Legislators debated the deal during a three-day special session before it passed with overwhelming support. Total cost of the package will exceed $884 million, including a $500 million grant to Ford, $138.2 million for infrastructure work, structure demolition and more, $5 million for legal services and $40 million to build a Tennessee College of Applied Technology near the megasite to provide skilled workers for the electric vehicle plant. WPLN reports that lawmakers in the state House and Senate also received the required support needed to call a second special session set for next week. Members are expected to discuss masks, vaccines and other restrictions related to the coronavirus.