February 27, 2003
Allan F. Ramsaur
TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
This week in LegisFlash
• Action picks up; TBA bills begin to move
• Service of process reform threatened by proposal
• Senate Judiciary establishes tort revisions study subcommittee
• Jury reform proposals advance
• Nancy Carroll Miller-Herron confirmation moves smoothly
• Don’t miss Big Shrimp Reception this Tuesday
• TBA bill tracking service
Action picks up; TBA bills begin to move
General Assembly committees swung into action this week on a number of TBA bills and issues of interest to the Tennessee legal community. Here’s a quick summary:
The TBA’s Tennessee Rules of Professional Conduct clean-up bill (HB0570, SB0735) passed out of the Judicial Administration Subcommittee this week and is expected to be considered by the full Judiciary Committee next week. The bill, sponsored by House Judiciary Committee Chair Rep. Joe Fowlkes, D-Cornersville, and Sen. Roy Herron, D-Dresden, would replace references to the “Code of Professional Responsibility” with the new “Rules of Professional Conduct” and would delete certain restrictions on client solicitation that have been held unconstitutional and the enforcement of which have been enjoined.
The TBA’s UETA clean-up bill (SB0383, HB0575) is scheduled for action in the Senate Commerce, Labor and Agriculture Committee next Tuesday. The measure is sponsored by Senator Roscoe Dixon, D-Memphis, and Rep. Craig Fitzhugh, D-Ripley, and corrects a codification problem, which occurred when the Uniform Electronic Transfers Act was passed. An agreed amendment that required conventional, non-electronic notices of certain important notifications such as court notices and mortgage foreclosures ended up as a compiler’s footnote rather than in the text of the law as intended by bill sponsors. As a result, there is the possibility of uncertainty as to whether such critical notices can be sent only by electronic means. This bill would restore the act to its original status as amended and place the missing language in the text of the code. The companion bill in the house (HB 0575) has been noticed for action as well and may be considered next week in the House committee.
Action on the TBA’s electronic treatment of notary seals bill (HB 0820, SB 0353) has been postponed. At the request of representatives from county clerks’ offices, action was delayed until after a discussion of the measure at an upcoming clerks’ meeting in early March.
Service of process reform threatened by proposal
A major effort of the TBA last year reformed the service of process in General Sessions courts to make the service of process similar to that of the trial courts of record. In short, you could use the sheriff or arrange other methods of service of process when you so desired. We were grateful to House sponsors Frank Buck, Bobby Sands and Jim Boyer, as well as Senate sponsor Joe Haynes for leading the monumental effort that was supported by a coalition of concerned groups including county officials.
Sen. Tim Burchett, R-Knoxville, however has just introduced a bill that appears aimed at undoing all of that work and could do a lot more harm as well. The bill (SB 1766, HB1898) makes it a crime (a Class C misdemeanor) for anyone to serve process from any court without paying for and obtaining a license from the Secretary of State’s office. The bill would require court clerk’s issuing civil warrants and other papers to deliver them only to certified law enforcement officers or individuals licensed through the Secretary of State’s office.
Plaintiff’s attorneys could still serve process by mail, but appear to be forbidden from doing so directly or through agents in other ways. While most of the code sections modified pertain to General Sessions Court, broad language particularly in the sections making service of process without a license a crime seems to pertain to circuit and chancery courts as well.
TBA representatives have already contacted the sponsors and will be working closely with them on this measure.
Senate Judiciary establishes tort revisions study subcommittee
Senate Judiciary Committee Chair Curtis Person, R-Memphis, on Tuesday established a five-person subcommittee that will review the more than 20 bills dealing with medical malpractice and attorneys fees. The committee will be chaired by Sen. David Fowler, R-Signal Mountain, and includes Sen. Doug Jackson, D-Dickson, Sen. Mark Norris, R-Collierville, Sen. Larry Trail, D-Murfreesboro, and Sen. Michael Williams, R-Maynardville.
Jury reform proposals advance
The Senate and House Judiciary Committee have advanced resolutions that will ratify the amendments to the Tennessee Rules of Civil Procedure, Criminal Procedure and Appellate Procedure. Included in the proposals are improvements in jury practice initiated by the TBA through its Jury Reform Commission. You can review the proposed changes on the Administrative Office of the Courts’ web site at http://www.tsc.state.tn.us/OPINIONS/TSC/RULES/2002/proposed/2003propsals.htm .
The Senate Committee also recommended approval of the amendments to the Rules of Evidence. The House Committee delayed action on the evidence rules.
Nancy Carroll Miller-Herron confirmation moves smoothly
In other action, both the House and Senate Judiciary Committees recommended approval of resolutions confirming Nancy Carroll Miller-Herron to the West Tennessee seat on the Claims Commission. Nancy practices law in Dresden and is a member to the TBA Board of Governors.
Don’t miss Big Shrimp Reception this Tuesday
Plan now to attend the annual Big Shrimp Reception at the Tennessee Bar Center this coming Tuesday from 6:30 p.m. to 8:30 p.m. This is a chance for lawyers to interact with their legislators on a friendly, casual basis, so that they can get to know them better and thank them for their service to the state. While the topic of legislation can be expected to arise wherever legislators are gathered, no heavy duty (or even light duty) lobbying is on the agenda.
It is important that legislators get to know their lawyer constituents! So much of what they do directly impacts what we do that good relations with our lawmakers is critical. Your presence is important. If a legislator comes and there is no one from his or her district, we have made far less of an impact than we could if someone from home were there. It’s not hard duty; come and join us!
TBA bill tracking service
The TBA bill tracking service lets you read abstracts of bills, check their status in both houses, find out who is sponsoring them and link to full versions of the legislation.
The first list monitors about 300 bills and resolutions of interest to the Tennessee legal community. Access it at http://www.tba.org/legisflash/2003/tba_generallist.html.
A second list only follows legislation in which the TBA has an interest of record — bills the TBA initiated, bills on which the TBA has taken a position or bills on which the TBA has policy. Access it at http://www.tba.org/legisflash/2003/tba_watchlist.html.
Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
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