A circuit court in Benton County this week ruled that a state statute authorizing warrantless trespassing and surveillance by Tennessee game wardens is ‘unconstitutional,’ the Associated Press reports. The ruling was made in response to a lawsuit brought by two Benton County landowners, represented by the Institute for Justice, against the Tennessee Wildlife Resources Agency (TWRA). According to the Tennessee Lookout, the landowners filed suit after the TWRA in 2018 installed surveillance cameras on their private property. The suit challenged the constitutionality of a state statute that says TWRA officers may “go upon any property, outside of buildings, posted or otherwise.” Institute for Justice attorney Josh Windham says the new ruling will apply broadly to land across the state. The state has 30 days to appeal the ruling.

Several lawmakers are set to testify in front of a grand jury on Monday morning amid an ongoing FBI investigation into a kickback scheme involving a political consulting firm, the Tennessean reports. Former Republican state Rep. Robin Smith earlier this month pleaded guilty to federal wire fraud for her involvement with Phoenix Solutions, a consulting firm with alleged ties to Rep. Glen Casada, R-Franklin, and his former chief of staff Cade Cothren. Federal subpoenas for House Speaker Cameron Sexton, R-Crossville, Rep. Bud Hulsey, R-Kingsport, and others suggest that investigators might also be looking into Right Way Counseling, a second consulting firm set up by Casada. At least one legislator said the subpoenas do not specify the subject of the investigation. A Tennessean analysis found that 13 Republican representatives and one political action committee spent around $20,948 with Right Way Consulting in 2019 and 2020.

Lawyers at firms from across the country are preparing to help Ukrainians living in the U.S. obtain temporary deportation relief and work permits, Reuters reports. The volunteer effort is organized by law firm Kirkland & Ellis and the non-profit Lawyers for Good Government. Due to the Russian invasion of Ukraine, the Biden administration earlier this month said Ukrainians in the U.S. would be able to apply for Temporary Protected Status, allowing them to stay in the country. An estimated 75,000 Ukrainians will be available for the program and while they can apply on their own, a lawyer can help them navigate the process and advise on other immigration relief that may be available. The number of volunteer attorneys had swelled to 1,958 from 76 law firms and 38 companies as of yesterday.  

The U.S. Senate Judiciary Committee today heard from the American Bar Association and other witnesses during the final day of confirmation hearings for U.S. Supreme Court nominee Judge Ketanji Brown Jackson, the Associated Press reports. The ABA’s Standing Committee on the Federal Judiciary told lawmakers that its review of Jackson found she has a “sterling” reputation, “exceptional” competence and is well qualified to sit on the Supreme Court. The four-hour hearing Thursday featured not only legal experts but government officials and civil rights groups who supported Jackson and conservative advocates who opposed her. Hours after the hearing concluded Senate Republican leader Mitch McConnell announced that he “cannot and will not” support Jackson. However, Democrats can still confirm Jackson without any GOP support in a 50-50 Senate where Vice President Kamala Harris can cast the tiebreaking vote.

Join TBA Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley for a new episode of Legislative Updates. This episode, hear about the TBA Family Law Section’s legislation regarding the allocation of marital debt, HB2357/SB2385, which is on its way to Gov. Bill Lee to be signed into law, plus more news from the state legislature. To see a list of all of TBA’s bills, visit our online bill tracker. 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.

The Tennessee Court of Appeals yesterday upheld a lower court ruling that Graceland doesn’t have standing to challenge a contract between Memphis and Shelby County governments and the FedExForum, the Daily Memphian reports. The long-running legal dispute began in 2014 after Graceland expanded its Whitehaven campus using a tax increment financing district. Three years later, Graceland sought an increased draw on the increment to finance a 6,200-seat arena as part of the campus. City and county leaders rejected the funding, citing the Memphis Grizzlies’ agreement with city and county governments to operate FedExForum. That deal included a noncompete clause barring the city and county from funding an arena with more than 5,000 fixed seats. The appeals court upheld Chancellor Jim Kyle’s dismissal of the case because Graceland was not a party to the arena agreement. 

Hendersonville resident Wesley Somers, 26, has been sentenced to five years in prison for attempting to burn down the Metro Courthouse in 2020 after protests that followed the death of George Floyd, the Associated Press reports. Somers pleaded guilty to federal arson charges last summer. The courthouse was graffitied, some of its windows were smashed and a fire was set inside following the gathering. Tips from citizens helped Nashville police identify Somers in video clips and photos from the incident. U.S. Attorney Mark H. Wildasin said his office would “always defend” an individual’s First Amendment rights, but “will not tolerate the actions of those who choose to exploit peaceful protest by resorting to violence and intimidation.”

Three attorneys were interviewed this week to be the new bond counsel for the Metro Industrial Development Board as it works to expand downtown Nashville across the Cumberland River, the Tennessean reports. Former U.S. Attorney for the Eastern District of Tennessee Doug Overbey, Waller Law’s Alex Buchanan and the father-son team leading Carpenter Law were interviewed by members of the board. The quasi-governmental agency expects a wave of bond applications for public-private deals. Officials say they will work with private developers to rebuild and lease more than 100 acres of industrial east-bank land owned by the city and its affiliates. The Industrial Development Board will next meet March 31 to discuss whether to make an offer.

The Senate Judiciary Committee held the third day of hearings and a second day of questioning today for Supreme Court nominee Ketanji Brown Jackson. Questions from Republican senators continued to center on the judge’s track record on sentencing, especially in child pornography cases. Jackson pushed back on the questions saying, “no one case can stand in for my entire record.” When asked if she regretted some of the sentences, which fell below the sentencing guidelines, she said, “What I regret is that in a hearing about my qualifications to be a justice on the Supreme Court, we’ve spent a lot of time focusing on this small subset of my sentences.” Republicans on the committee also asked today to get copies of pre-sentencing reports related to the cases in question. Committee Chair Dick Durbin, D-Illinois, said that move would be unprecedented and could negatively impact victims. The Hill has a wrap up of the day. Tomorrow, the committee will hear from a number of outside groups, including the ABA.

The Sequatchie County Chancery and Probate courts recently received approval to implement e-filing. The local rules for the 12th Judicial District are now available for review here or on the Sequatchie County Clerk and Master’s webpage. The rules must be made public as part of a 30-day comment and notice period. For more information, contact Sequatchie County Clerk & Master Jared Smith at 423-949-3670.