News

Voter ID Problems Few, But Critics Continue Fight

State Election Coordinator Mark Goins says the voter hotline received hundreds of calls on election day, but that only two were related to photo IDs. There are skeptics, however, who believe that the state's 2011 law requiring a photo ID to vote discouraged some people from voting. Nashville attorney Doug Johnston, whose firm is challenging the law in Tennessee's Supreme Court, says even a few is too many. In Hamilton County, 13 voters had to cast provisional ballots because they lacked photo ID, according to the county election commission. The Times Free Press reports

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Burke Takes Step Toward Mayoral Race

State Sen. Andy Berke, D-Chattanooga, moved a step closer to running for mayor today, picking up official papers to qualify for the Chattanooga mayoral election, the Times Free Press reports. Berke had previously announced his intention to give up his senate seat and run for mayor. He’s since raised hundreds of thousands of dollars for the campaign.

Montana Voters: Citizens United Ruling Was Wrong

Montana residents used their votes to protest a U.S. Supreme Court decision that had overturned that state’s 1912 campaign finance law, the Wall Street Journal’s Law Blog reports. Voters in Montana gave 75 percent of their vote to support an initiative disputing the high court’s constitutional analysis and directing the state’s congressional delegation to propose a constitutional amendment overturning the court’s 2010 Citizens United campaign finance ruling.

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Tennessee Faces Deadline on Health Exchanges

State officials appear divided on whether to create a Tennessee health insurance exchange program or leave the job to the federal government. With a deadline for the decision approaching next week, Gov. Bill Haslam tells WPLN News that he’d rather the state run its own program, but GOP leaders in the legislature may have other ideas.

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Election Puts Fewer Lawyers In Senate, More In House

When the Tennessee General Assembly convenes in January, the State Senate will have eight lawyers, five fewer than the last session. The only lawyer winning in a seriously contested general election race was John Stevens (R - Huntingdon) who will take over the District 24 seat vacated by lawyer Roy Herron (D - Dresden). The 33-member body numbered 13 lawyers among its membership when the session opened in 2010. Following the early-session resignation of Jamie Woodson (R - Knoxville) and the retirement of Andy Berke (D - Chattanooga), Mike Faulk (R - Church Hill) and Joe Haynes (D - Goodlettsville), only two incumbent lawyers faced election during this cycle. Jim Kyle (D - Memphis) was unopposed in the general election, and Tim Barnes (D - Clarksville) was defeated by physician Mark Green (R - Clarksville). Nashville lawyer Phillip North made a bid for Haynes' substantially-redrawn seat, but was defeated by physician Steve Dickerson (R - Nashville).

In the State House, wins by Andrew Farmer (R - Sevierville) , Mike Carter (R - Chattanooga), William Lamberth (R - Portland) and Jeremy Durham (R - Franklin) mean that the House will have a net gain of three lawyers. Along with Vance Dennis, lawyers in the Republican Caucus will increase from two to five. Three Democrats, Craig Fitzhugh (D - Ripley), Mike Stewart (D - Nashville) and John Mark Windle (D - Livingston), round out the eight lawyers who will service in the House this session. Get full election results from the Tennessee Secretary of State.

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Voters Affirm Merit Selection in High-Dollar Contests

Voters across the country rejected changes to judicial merit selection plans and gave their support to sitting justices who faced expensive ouster attempts. Ballot measures in Florida, New Hampshire, Missouri and Arizona that would have changed judicial selection procedures all went down in defeat, the Wall Street Journal reports in its Law Blog. And in Florida and Iowa, where well financed campaigns were launched to defeat sitting justices in retention elections, all survived, the Pew Center reports on its Stateline website.  In both states, lawyers and legal groups were actively involved in the campaigns.

Two other states had closely watched judicial elections. In Michigan, the GOP held on to control of the state’s Supreme Court, with Republican candidates holding on to two contested seats in partisan elections, Michigan Live reports. And in Alabama, the state’s former chief justice – Roy Moore – was returned to office, Alabama.com reports. He had been ousted from the position in 2003 after refusing to remove a monument of the 10 commandments from the state judicial building in Montgomery. You can find additional judicial election results from the National Center for State Courts.

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Judge Releases Most of DesJarlais Divorce Records

Hamilton County Circuit Court Judge Jacqueline Bolton has ruled that most of the records from U.S. Rep. Scott DesJarlais’ messy divorce could be made public, The Tennessean reports, but the release of a potentially embarrassing transcript will be delayed until Election Day or later. DesJarlais has been fighting allegations that he slept with at least two patients before his 2001 divorce was finalized.

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Lawyer Defends Privacy for PAC Donations

Knoxville lawyer William S. Rose has been facing heavy media scrutiny after campaign finance reports filed last month show that the super political action committee FreedomWorks for America received seven donations totaling $5.28 million from Knoxville-based Specialty Group Inc. Rose is CEO, president and general counsel of Specialty Group, and in an interview with the Knoxville News Sentinel he defends his right to not disclose private information regarding his political activity.

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Editorial: Create Library Cards to Meet ID Requirements Statewide

Now that the state Supreme Court has ordered state and local election officials to accept Memphis' library photo identification cards for voting purposes, the Commercial Appeal says in an editorial that it's a good time to update that part of the system. The paper calls on the General Assembly "to work with local mayors across the state to create library cards that meet the identification requirements in the state law."

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Supreme Court OKs Library Cards for Voter ID

The Tennessee Supreme Court ruled today that photo ID cards issued by the Memphis public library qualify as a valid and acceptable form of identification required to vote, the Tennessean reports. State election officials announced that only residents of Shelby County will be allowed to use library-issued IDs in next week’s Presidential election, after which the court will take up the question of whether the state’s new voter ID law is constitutional.

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Vandy Law Grad First African American to Lead Arkansas House

Vanderbilt Law grad Darrin Williams will make history in January when he becomes the first African American speaker of the Arkansas General Assembly. He will also be the first black person to hold a statewide elected office in Arkansas since the early 1870s. Vanderbilt Law School has more about the accomplishments of this 1993 graduate.

Candidates Reportedly Pre-Positioning Lawyers

With one week to go in the presidential campaign, Inside Counsel Magazine is reporting that President Barack Obama and Gov. Mitt Romney are lining up several high-powered lawyers to handle any post-election disputes. Obama has reached out to his former White House Counsel Robert Bauer, a former partner at Perkins Coie. Romney has tapped Benjamin Ginsberg, a partner at Patton Boggs, who served as chief legal counsel for George W. Bush's presidential campaigns in 2000 and 2004. According to the article, the two lawyers already have been “quiet players” in the respective campaigns. Among other tasks, they negotiated deals for all four of the election debates. Read more

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Democratic Party Chair to Step Down

After four years of controversial leadership, Tennessee Democratic Party Chairman Chip Forrester will not seek re-election to the party's top post, he told The Tennessean today. The move opens the door to new leadership for the party, which has suffered deep losses in both the statehouse and among the state's congressional delegation in recent years. Democrats will elect a new party chair in January. Forrester said he believes the chair should serve a four-year term, not two years, and is proposing a bylaws change to that effect.

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Voter ID Laws to Remain Intact for Now

Attorneys representing two Memphis residents whose votes were not counted because they lacked proper photo identification, on Thursday asked a three-judge Appeals Court panel to throw out the state’s voter ID law, claiming it is unconstitutional. A decision is expected in the coming weeks, but meanwhile, early voting is underway with the ID requirement still in place, the Tennessean reports.

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Early Voting Opens; Lawyers in Contested Races

Early voting begins across the state today and continues through Nov. 1. All counties in the state are required to maintain an early voting location at least three consecutive hours each weekday and Saturday during this time. As you consider your choices, remember that there are a number of Tennessee lawyers running for seats in the state House and Senate.

Ethics Complaint Filed Against DesJarlais

The D.C. based organization Citizens for Responsibility and Ethics in Washington has filed a complaint with the Tennessee Department of Health against U.S. Rep. Scott DesJarlais, alleging that he engaged in a sexual relationship with a female patient he was treating for a medical condition. The group filed the complaint after a news story suggested that DesJarlais pressured a patient with whom he was involved to seek an abortion. According to the Nashville City Paper, the congressman says he knew the woman was not pregnant and was using "strong language" in hopes she would admit the truth.

In related news, the Chattanooga Times Free Press is reporting that the Tennessee Conservative Union (TCU) is debating whether to ask DesJarlais to resign his seat. It also indicates that TCU Chairman Lloyd Daugherty is talking with other Republican-leaning groups to see if a coalition can be built to demand the doctor’s resignation from Congress.

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Supreme Court to Hear Arizona Voting Law

The Supreme Court today agreed to take up an appeal from Arizona over its requirement that people prove they are American citizens before registering to vote. The justices will review a federal appeals court ruling that blocked the law, arguing that federal law – which allows voters to fill out a mail-in voter registration card and swear they are citizens under penalty of perjury – trumps state law. Tennessee is among four states that have a similar law. Arguments will take place in February, with a decision likely by late June. News Channel 5 has this AP story

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Lawyer Challenges Williams for House Seat

Republican Thom Gray, who is seeking to represent the Fourth District House seat in the Tennessee General Assembly, will square off against incumbent Kent Williams of Elizabethton in the Nov. 6 general election. Though Williams claims Republican affiliation, he was barred from officially running as a Republican after joining with Democrats in 2008 to defeat Republican nominee Jason Mumpower as speaker of the House. Gray, a solo practioner in Bristol, is a newcomer to politics. The Elizabethton Star has more about his first bid for public office.

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Law Grad Among Blackburn Challengers

Rep. Marsha Blackburn has five challengers who want to represent the district that now will cover much of west Middle Tennessee, including Brentwood, Fort Campbell and all of Montgomery County. Blackburn has held the 7th Congressional District seat for 10 years. Among the challengers is Army veteran and independent candidate Jack Arnold of Kingston Springs, who just graduated from Vanderbilt Law School. The Leaf-Chronicle looks at the race.

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Candidate Says He Was Not Threatening the President

Brad Staats, the Republican nominee challenging U.S. Rep. Jim Cooper in the 5th Congressional District election, is on the U.S. Secret Service's radar after making a Facebook post that some construed to be a threat to President Obama. Under a photo of a semi-automatic pistol on his Facebook page, the candidate explained his views on Second Amendment rights in part by saying, "Here is something that I usually have with me. Welcome to Tennessee Mr. Obama.” Staats says he was not threatening the president. The Tennessean has more

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Rep. Cobb Indicted, Arrested for Assault

State Rep. Jim Cobb, R-Spring City, was arrested today after a Rhea County grand jury indicted him on Monday, the Times Free Press reports. He is charged with assault in connection with an election-day incident on Aug. 2. Cobb is scheduled to appear for a Friday hearing in Circuit Court.

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High Court Will Not Hear Iowa Judicial Nominating Commission Case

The U.S. Supreme Court has refused to hear an appeal in a lawsuit over the Iowa Judicial Nominating Commission's makeup. The plaintiffs filed suit in the U.S. District Court for the Southern District of Iowa in 2010, challenging sections of the Iowa Constitution and state code. They argued that the system excludes Iowa voters from participation in the election of the elected attorney members of the state Judicial Nominating Commission; that it denies voters the right to equal participation in the selection of state Supreme Court justices; and that it denies voters the right to vote for the elected attorney members of the commission. The judicial commission is given the power to select the nominees for vacant positions on both the state Supreme Court and the Court of Appeals. The governor then chooses one of the commission's three nominees. Learn more from LegalNewsLine.com

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Judge: No Photo ID Needed to Vote in Pennsylvania

Voters won’t have to show photo ID in Pennsylvania before casting a ballot in November, Commonwealth Court Judge Robert Simpson ruled today. He issued a narrow injunction on the deadline day he was given by the state Supreme Court, which will surely hear a second appeal in the nationally watched case before November, the Legal Intelligencer says. Poll workers are allowed to ask for photo ID from voters, but they must allow all qualified electors to cast a ballot regardless of whether or not the voters can show ID, Simpson ruled.

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Attorneys Take Issue With Candidate Criticism

Two Nashville attorneys have written a letter to the editor critical of a Tennessean article on Tennessee senatorial candidate Phillip North and his law practice. Greg Ramos and Mike Jameson take issue with a statement from Tennessee GOP Executive Director Adam Nickas, who referred to North as “a trial lawyer who is in the business of killing business with frivolous lawsuits.” Ramos and Jameson note that North’s legal practice is involved in the “defense” of lawsuits against individuals and businesses, the opposite of Nickas’ statement. “Phillip protects the reputations of individuals and businesses, including hundreds of physicians and health care providers across Middle Tennessee,” the pair write.

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Judge Upholds Constitutionality of Voter ID Law

Chancellor Carol McCoy ruled Wednesday that Tennessee’s voter ID law does not violate citizens’ constitutional rights, the Tennessean reports. The judge’s ruling dealt a blow to challengers of the legality of such laws. The state’s constitution gives legislators rights to enact laws to “secure the freedom of elections,” McCoy noted during the hearing. Although opposing attorneys cited the constitution's requirement for citizens only to be of legal age and have proof of residency and voter registration in order to vote, McCoy stated "voting procedures have evolved over the years."  George Barrett, who represented the city of Memphis and two other women from the Memphis area, was seeking an injunction to let residents vote in November without proof of ID, a requirement he contends is burdensome.

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