TBA Law Blog


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Posted by: Stacey Shrader Joslin on May 19, 2021

The medical license of state Sen. Joey Hensley, a doctor in Hohenwald, was put on probation last year after he admitted to writing 47 prescriptions for a second cousin with whom he was in a sexual relationship. At a disciplinary hearing before the Tennessee Board of Medical Examiners in October 2020, Hensley said under oath that the relationship lasted 10 weeks, so the board only disciplined him for two prescriptions that fell within that time frame. According to The Tennessean, transcripts and depositions obtained by the paper indicate the relationship lasted “years, not months.” These documents “raise consequential questions about whether the senator was honest while testifying at his discipline hearing last October,” the paper writes. Hensley, who has served in the General Assembly since 2003, declined to comment on the allegations.

Posted by: Stacey Shrader Joslin on May 17, 2021

Legislators adjourned the first year of the 112th General Assembly just a little more than a week ago, but comments from some indicate they could return for a special session to approve the spending of federal recovery funds. The state is to receive $8.6 billion, with $4 billion going to the state, $2.27 billion for county and city governments and $2.3 billion for local school districts, Tennessee Lookout reports. Senate Finance, Ways and Means Committee Chair Sen. Bo Watson, R-Hixson, said last week a special session may be needed due to the sheer amount of money headed for Tennessee as well as the need to reallocate current funds. “We are going to try and run our normal expansion request process with these new federal dollars that are coming in unless it’s just so burdensome we just can’t manage it. We don’t know yet,” he said.

Posted by: Stacey Shrader Joslin on May 17, 2021

Rep. Mike Carter, a retired judge and Republican lawmaker from Ooltewah, died Saturday after battling pancreatic cancer, the Tennessean reports. He was 67. Carter, who received his law degree from the University of Memphis School of Law, worked as an attorney and businessman, as an assistant county attorney representing the sheriff's office, and as a Hamilton County general sessions judge from 1997 to 2005 before being elected to the state House in 2012. His current term was set to end in November 2022. He was serving as chair of the Civil Justice Committee at the time of his death. In 2019, his actions helped contribute to the downfall of then-House Speaker Rep. Glen Casada. Carter said he believed the former speaker was willing to rig a House Ethics Committee proceeding and called for Casada's resignation. Carter later ran to replace Casada, a contest ultimately won by current Speaker Cameron Sexton, R-Crossville. Carter received the cancer diagnosis last year at Vanderbilt University Medical Center after contracting the coronavirus. A memorial service will be held at 2 p.m. EDT on Friday at Ooltewah Baptist Church, 5514 Main St., Ooltewah 37363. Visitation is scheduled from noon until 2 p.m. at the church, Chattanoogan.com reports. In lieu of flowers, memorial gifts may be made to Pancreatic Cancer Action Network.

Posted by: Stacey Shrader Joslin on May 12, 2021

Gov. Bill Lee last night signed legislation that will allow Tennessee collegiate athletes to earn money off their name, image and likeness, the Tennessean reports. Under the measure, schools will be required to conduct a financial literacy workshop for new athletes and students will be prohibited from endorsing gambling, alcohol, tobacco or adult entertainment products. The bill will take effect Jan. 1, 2022. Tennessee is the 15th state to pass such legislation, joining Alabama, Florida, Georgia, Mississippi and New Mexico, where laws take effect July 1.

Posted by: Stacey Shrader Joslin on May 12, 2021

Two former Tennessee Supreme Court justices are calling on Gov. Bill Lee to veto legislation setting up three-judge panels to hear constitutional challenges, Tennessee Lookout reports. William “Muecke” Barker, a former chief justice who served on the court from 1998 to 2008, and Penny White, who served from 1994 to 1996, say the plan adopted by the legislature last week is unworkable, unnecessary and politically motivated. “I am very, very disappointed that legislation was passed. It just reeked of partisanship. For years and years we’ve had the system that does work,” said Barker, now an attorney with Chambliss Bahner & Stophel in Chattanooga. Likewise, White, a University of Tennessee School of Law professor, believes the plan will cause inefficiency, delay and higher costs. In addition to the former justices, Chattanooga attorney Lee Davis is leading a statewide effort to urge the governor to veto the bill. He argues the new process will result in a “nightmare” of logistical problems.  The TBA provided continuous feedback to the legislators working on the bill and expressed members' concerns throughout the legislative process. It is still extremely concerned with the compromise bill that was passed. Yesterday, Lee said he plans to sign the bill. The budget approved by the legislature and signed by Lee also contains $2.4 million to set up the court.

Posted by: Stacey Shrader Joslin on May 12, 2021

Rep. Jason Potts, a Democrat representing a portion of Nashville in the state House, announced this week that he will not seek re-election in 2022, the Tennessean reports. Potts, whose House District 59 covers the southeast corner of Davidson County, cited personal stress, low pay and alleged discrimination from the Republican majority as reasons for stepping down. He said he will however complete the second year of the current legislative session. Potts missed 21 of 34 legislative days this session, according to attendance data recorded by the clerk's office. When asked about the absences, Potts said increased stress in his personal life affected his attendance. Before election to the House, Potts served on the Nashville Metro Council.

Posted by: Kate Prince on May 11, 2021

FBI agents conducted interviews with state lawmakers throughout the 2021 legislative session as part of their probe believed to be focused on political vendor Phoenix Solutions, TNJ: On the Hill reports. The interviews were with lawmakers who had political consulting work with former House Speaker Glen Casada, R-Franklin, and Rep. Robin Smith, R-Hixson, who both had their homes and offices raided by the FBI in January. Rep. Jason Zachary, R-Knoxville, spoke with agents as recently as the last day of session, telling the Times Free Press that his interview “centered around” Casada and Smith and a survey he did with Phoenix Solutions. Several lawmakers have said Smith was a vocal advocate for Phoenix, but this is the first time Casada has been publicly linked to the group. Both have declined to say whether they have any ownership stake in the business. Zachary said he didn’t feel he provided any new information to agents “because Glen never pressured me, he didn’t hound me” to use the firm.

Posted by: Kate Prince on May 11, 2021

Rep. David Byrd, R-Waynesboro, missed the entire 2021 legislative session due to complications from COVID-19, the Tennessean reports. Byrd was diagnosed with the virus in early December and spent more than a month in the intensive care unit and weeks on a ventilator. Since then, he has been back and forth between rehab centers and hospitals. Rep. Kent Calfee, R-Kingston, announced from the House floor on April 29 that Byrd had “been in Vanderbilt about 10 days.” His absence, though rarely discussed during session, was excused, a common occurrence for legislators out with illness. Byrd has faced calls for resignation since 2018 when he was accused of sexually assaulting three women when they were underage in the 1980s. He has never publicly denied the allegations.

Posted by: Stacey Shrader Joslin on May 7, 2021

The Tennessee House recently approved a proposed constitutional amendment that would clarify that the state Constitution’s ban on slavery does not prohibit prisoners from working. The Senate passed the measure in March. Both chambers passed it last year. The proposed amendment will now be on the statewide ballot in November 2022, Mainstreet Nashville reports. During House debate, Rep. Joe Towns, D-Memphis, said the language came directly from the Tennessee Department of Correction and was intended to eliminate any confusion about whether work from prisoners could fall under the Constitution’s ban on slavery.

Posted by: Stacey Shrader Joslin on May 7, 2021

Tennessee lawmakers have passed legislation preventing juvenile detention centers from keeping children in solitary confinement for long stretches, NewsChannel 5 reports. Specifically, the legislation prohibits seclusion for "punishment" or "administrative convenience" for more than six hours in a 24-hour period. Lt. Gov. Randy McNally, R-Oak Ridge, led the charge to change the law and credited NewsChannel 5's investigative report “Broken” for bringing the issue to light. The reporting in 2019 focused on the Maury County Juvenile Detention Center, where staff said children were confined in their cells for up to 24 hours at a time for no apparent reason.


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