TBA Law Blog


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Posted by: Kate Prince on Oct 19, 2021

According to the Associated Press, progressive prosecutors from across the U.S. are increasingly refusing to enforce some GOP-backed laws. The AP included Davidson County District Attorney Glenn Funk as an example of the trend after several instances in which he has vowed to not enforce certain laws, including those pertaining to low level marijuana offenses, abortion and, most recently, Gov. Bill Lee’s school mask opt out order. Funk told the AP that prosecutors need to use the “levers of power” to provide “a check and balance on overreaching” by other branches of government. 

Posted by: Kate Prince on Oct 19, 2021

Tennessee Attorney General Herbert Slatery on Monday criticized a proposed ballot initiative that would require the state AG be confirmed by state lawmakers after being selected by the Supreme Court, the Associated Press reports. Speaking to the Nashville Rotary Club, Slatery said it “would be a shame” to make the position a “political office.” Slatery said the measure would allow involvement by companies under investigation by the attorney general’s office and worried could leave the attorney general position empty for months due to when annual legislative sessions take place. “Legislators will then be lobbied and the Supreme Court would have to say, ‘Instead of the top lawyer, we’ve got to be sure, we’ve got to get somebody who can actually be confirmed, that the legislators will like,’” Slatery said. The amendment would also cut the AG’s term from eight to six years.

Posted by: Stacey Shrader Joslin on Oct 18, 2021

State lawmakers returned to Nashville today for a special-called session to debate the hundreds of millions of dollars Gov. Bill Lee promised Ford Motor Co. to build a new assembly plant in West Tennessee. Discussion is not expected to last much longer than a week, and will include Lee’s plans for a new technical college at the Memphis Regional Megasite where Ford plans to build its facilities, the Nashville Post reports. The price tag may be larger than initially promised. Though Lee and other officials announced a $500 million deal, the legislature is being asked to spend nearly $900 million on the project.

Posted by: Stacey Shrader Joslin on Oct 14, 2021

Contested by dozens of lawsuits, Tennessee's sex offender registry — a system that tracks and regulates offenders convicted of sex crimes — is getting a renewed look from Tennessee lawmakers, the Tennessean reports. A joint committee, consisting of 12 members from both legislative chambers, convened yesterday to explore changes to the system. The main concern, according to the panel, is that the system, established in 1994 and revamped in 2004, may now be deemed unconstitutional for being too punitive.

Posted by: Stacey Shrader Joslin on Oct 14, 2021

Republican leaders in the House and Senate are still working to obtain the support needed to call a special session on COVID-19 issues, Tennessee Lookout reports. In the Senate, members appear to be split on whether to call for a special session, with some arguing that the Biden administration’s mandates need a response and others concerned that a special session would be used to impose new mandates on private businesses. Lawmakers are set to return to Nashville Oct. 18 for a session focusing on the Ford-SK Innovation plant planned for the Memphis Regional Megasite.

Posted by: Stacey Shrader Joslin on Oct 14, 2021

Greg Vital of Harrison was formally sworn into the Tennessee State Legislature yesterday, WDEF reports. Court of Criminal Appeals Judge Timothy Easter administered the oath of office in the House chamber. Vital replaces former Rep. Mike Carter who died earlier this year. He will represent House District 29, which includes Ooltewah and Collegedale. Vital is operator of Vital Buffalo Farm and co-founder of Morning Pointe Senior Living.

Posted by: Stacey Shrader Joslin on Oct 12, 2021

Tennessee Sen. Katrina Robinson, D-Memphis, is seeking an acquittal after being found guilty of four counts of fraud, the Commercial Appeal reports. In a filing Friday, Robinson's attorneys argue that prosecutors misrepresented evidence and changed their legal theories mid-trial. If the judge does not support an outright acquittal, Robinson's attorneys are seeking a new trial. Robinson is scheduled to be sentenced Jan. 5, 2022.

Posted by: Stacey Shrader Joslin on Oct 11, 2021

Former state Rep. Jim Coley has died, The Tennessee Journal reports. The Bartlett Republican served in the House of Representatives from 2006 to 2019. He did not seek re-election last year after battling various illnesses. A former public school teacher, Coley formed strong friendships across the political spectrum and was known for his work against human trafficking. At the time of his retirement, the Commercial Appeal reported he had been diagnosed with early stage dementia. The Memphis Flyer reports he had been receiving chemotherapy for myeloma cancer. Funeral arrangements are pending.

Posted by: Stacey Shrader Joslin on Oct 11, 2021

Tennessee Attorney General Herbert Slatery recently issued an opinion on whether county mayors have the authority to issue county-wide mandates, and he says they do not in most circumstances, WCYB reports. The opinion came at the request of State Rep. Robin Smith, R-Hixson, who said she wanted guidance on whether health-related county orders such as mask or vaccine mandates could come from county mayors. Slatery said only the leading county health officer has the authority to issue county-wide health mandates and even then, the officer could be limited if the mandate runs counter to state law.

Posted by: Stacey Shrader Joslin on Oct 7, 2021

State Sen. Katrina Robinson, D-Memphis, could be removed from the General Assembly if she does not resign from her District 33 seat, even before court appeals are exhausted, Tennessee Lookout reports. Robinson was convicted on felony fraud charges last week. Based on her own statements and support from legislative colleagues, it looks like she does not intend to leave her seat immediately. This could potentially force the hand of Senate leaders as rules for the body prohibit anyone convicted of a felony from serving.


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