State Rep. Curry Todd's trial on DUI and gun-possession charges was postponed Friday after attorneys said discussions with prosecutors about a possible plea were ongoing. The judge reset the date for Jan. 11, 2013. Todd has entered a not-guilty plea to charges of driving under the influence, possession of a handgun while under the influence, and violating the state's implied-consent law by refusing a breath-alcohol test. The charges were filed after he was stopped by Nashville police late on the night of Oct. 11, 2011, on a busy street near Vanderbilt University. The Memphis Commercial Appeal reports
Tennessee Democratic Party Caucus chairman Mike Turner of Old Hickory fended off a challenge from Rep. Johnny Shaw of Bolivar, who said he would bring a more cooperative spirit to the position. With reelection, Turner said he expects to be as fiery as ever. Democrats in both chambers return to the upcoming session with historically low numbers as Republicans hold two-thirds majorities.
Mississippi-based government relations and lobbying firm Capitol Resources is opening an office in Nashville, the Nashville Post reports. Established in 2001, the firm has a strong foothold in the South with offices in Alabama, Louisiana, Florida, and Washington D.C. Former Tennessee Republican Party Executive Director Adam Nickas has been hired to oversee operations.
State. Sen. Bill Ketron stated Tuesday that he plans to support a bill allowing the sale of wine in grocery stores during the 2013 General Assembly session. Although past attempts at the legislation never made it out of subcommittees, Ketron says he plans to offer a measure enabling public referendums in the 33 areas that allow liquor by the drink and package stores. Many small business owners oppose the legislation, protesting that they would not be able to compete with large corporations such as Wal-Mart of Kroger that can buy in bulk.
Mother Jones magazine, the left of left publication best known for unearthing the videotape of Mitt Romney making the controversial “47 percent” remarks, has ranked Tennessee No. 1 -- for having the nation’s worst legislature, the Tennessean political blog reports. The magazine condemned lawmakers for encouraging abstinence-only sex education, among other laws.
Knoxville lawyer Deborah Stevens, president and managing shareholder of Lewis, King, Krieg & Waldrop, writes in Knoxnews.com that the Tennessee Civil Justice Act of 2011 is likely headed for a courtroom soon as challenges to the law are winding their way through the system. She points to one specific case pending in the Middle District of Tennessee, which could expedite review of the law. In addition to asserting that the law is unconstitutional, the case asks the federal judge to “certify” the question to the Tennessee Supreme Court. If the judge were to do so, the case would be "fast-tracked" to the court.
Tennessee Rep. David Hawk was in Greene County Criminal Court Friday to waive his arraignment. He was indicted by a grand jury last week and faces a felony reckless endangerment charge after an incident in March involving his estranged wife. "This has been a nightmare," Hawk said. "I strongly maintain my innocence in this situation." Judge John Duggar removed himself from the case because he knows Hawk and works with his wife. Hawk will be back in court on May 30, by which time the state Supreme Court will have decided which judge will hear the case. WCYB.com has the story
Tom Humphrey writes in Knoxnews.com that legislators are moving toward repeal of campaign contribution limits while requiring more rapid and complete disclosure. House Republican Caucus Chairman Glen Casada said the concept is at the core of a "comprehensive" revision of state campaign finance law he and Senate Republican Caucus Chairman Bill Ketron hope to introduce when the General Assembly reconvenes. On the Democratic side, Senate Minority Leader Jim Kyle recently said the time has come to "re-think" past support of contribution limits because they are no longer effective. Even Common Cause of Tennessee, which has been a staunch advocate of contribution limits, has "almost come to the conclusion" that ending limits but providing fuller disclosure “would be appropriate.”
In the December Tennessee Bar Journal, Nashville lawyer Bill Walton writes why he believes the Collateral Source Rule should probably be reexamined. President Jackie Dixon talks with some former lawyer-legislators and studies the sacrifice a person makes to run for office, but also the need for more lawyers to serve. There is a lot more in this issue, including civil jury trials, banking and estate planning. Read it online or look in the stack of your weekend mail for the printed copy.
The Sixth Circuit Court of Appeals today ordered a lower court to reconsider whether Tennessee’s requirements for third parties to get on the ballot are still unconstitutionally restrictive in light of legislative changes made while the ruling was on appeal. The Memphis Daily News reports that earlier this year, a federal district court struck down state rules requiring third-party candidates to collect about 40,000 signatures and turn them in seven months before the election to qualify to run and then to be selected through a primary. After that ruling, the General Assembly changed the law to make it easier for third parties to get on the ballot.
Senate Democrats today narrowly agreed to renew Sen. Jim Kyle as head of its caucus, giving him a narrow victory over Memphis colleague Sen. Reginald Tate, the City Paper reports.
Tennessee House Speaker Beth Harwell tentatively won a second two-year term as speaker, while Rep. Gerald McCormick of Chattanooga was unanimously re-elected as majority leader of the Republican Caucus yesterday. Other leaders elected include Caucus Chairman Glen Casada of Franklin, Assistant Majority Leader Kevin Brooks of Cleveland and Floor Leader Vance Dennis of Savannah. Though most members of the leadership did not face opposition, Tullahoma's Judd Matheny was defeated in his re-election bid for speaker pro tempore – the House's number two post – by Rep. Curtis Johnson of Clarksville. The full House will vote on several of the appointments in January. See a list of all leaders elected on Chattanoogan.com.
Tennessee House Speaker Beth Harwell tentatively won a second two-year term as speaker today, but her Republican colleagues dumped Speaker Pro Tem Judd Matheny, who championed anti-Islam legislation in the House, the Commercial Appeal reports.
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
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 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.
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.
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.
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.
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.
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.
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."
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.
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.
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
