Allan F. Ramsaur, TBA Executive Director
(800) 899-6993 or (615) 277-3200
aramsaur@tnbar.org
March 6, 2003
This week in LegisFlash
• Proposed court rules amendments winning approval
• Disclosure bills deferred
• Moratorium on municipal courts sparks debate
• TBA-backed bills move ahead
• Great Big Shrimp a success
• TBA Bill Tracker helps you keep up-to-date
Proposed court rules amendments winning approval
Amendments to the Tennessee Rules of Appellate Procedure, Criminal Procedure and Civil Procedure (HR0019, HR0020, HR0021) won approval from the full House this week. All had been earlier approved in the Senate (SR0007, SR0008, SR0009).
The Appellate Rules clarify that the 30-day filing deadline is jurisdictional and establishes a procedure for dismissing an appeal upon settlement, which is subject to the trial court's approval.
Most of the amendments to the Rules of Civil Procedure and Criminal Procedure implement Jury Improvement recommendations made by the TBA, including scheduling for convenience of jurors, jury information, jury selection and instructions.
The amendments to the Evidence Rules (HR002) have been approved by the Senate (SR0010), but a vote in the House was held up because of concerns with aspects of the proposal that allow the use of a child's hearsay testimony in normal domestic matters, as is currently allowed in termination of parental rights actions.
In the Judiciary Committee, proponents argued that even without the change there are ways this testimony could be brought in, and the amendments passed. The full House is expected to take action on the resolution on Monday.
You can read all of the proposed amendments on line at
http://www.tsc.state.tn.us/OPINIONS/TSC/RULES/2002/proposed/2003propsals.htm
Disclosure bills deferred
The first of several proposals that would require financial and other reporting from various public officials who also provide consulting services came up for consideration this week. Action was put off at least until next week by the State Government Subcommittee of the House's State and Local Government Committee.
While the TBA is sympathetic to the goals of this bill (HB0650, SB1662) and the others, it is concerned about a potential conflict between the bills' requirements and a lawyer's duty of confidentiality to clients in legal matters having nothing to do with influencing government actions.
In general, the bills would require an attorney who is serving in the legislature, the executive branch or other governmental body, such as a state or local board or commission, to disclose information on any kind of consulting service he or she provides, whether or not that service was aimed at influencing the government. This could mean the disclosure of confidential information, such as clients' names, fees and descriptions of services rendered.
Moratorium on municipal courts
There was a lively debate in the House Judiciary Committee this week on the proposal from Rep. Joe Fowlkes, D-Cornersville, and Sen. Curtis Person, R-Memphis, (SB0785, HB0572) that would put a moratorium on the creation of municipal courts whose jurisdiction would be concurrent with general sessions courts.
The bill would stop the general assembly from creating this type of municipal court until the Judicial Council has reviewed a report concerning the proliferation of these courts in Tennessee. One concern is that the legislature needs to know the full costs of the new courts, such as the need for assistant district attorneys and public defenders to work the cases in them. Action on the bill was deferred for two weeks.
TBA-backed bills move ahead
• The UETA cleanup bill (SB0383, HB0575), sponsored by Sen. Roscoe Dixon, D-Memphis, and Rep. Craig Fitzhugh, D-Ripley, won approval from the Senate Commerce, Labor & Agriculture Committee this week and will likely go to the full Senate for a vote next week.
The bill cleans up portions of the Uniform Electronic Transactions Act (UETA) passed in 2001. During last session, a change was made in the legislation to exempt certain consumer transactions from the state law and leaving them under the provisions of the federal E-Sign Act. In the final drafting of the bill, however, the amendment ended up in a footnote, instead of becoming a part of the statute. This legislation would make clear the scope of the state statute.
• The "Real Group" insurance bill (HB0758, SB0411), sponsored by Sen. Jerry Cooper, D-Morrison, Rep. Jere Hargrove, D-Cookeville, will likely be considered next week by the House Commerce Committee's Industrial Impact Subcommittee. The Senate's Commerce, Labor & Agriculture deferred consideration of the bill to March 18.
This bill will lift the statutory ban on property and casualty carriers from offering discounts to members of professional associations. The TBA and several other professional associations have available plans that would offer, for example, a 15% discount for TBA members for automobile insurance when that statutory ban is lifted. Fewer than 10 other states currently have such a ban.
• The service of process cleanup bill (SB0352, HB0751), sponsored by Sen. Joe Haynes, D-Nashville, and Rep. Frank Buck, D-Dowellton, won approval from the House Civil Practice Subcommittee this week and has been placed on the calendar for the full Judiciary Committee for Wednesday. The bill addresses one code section that was not covered by the caption of last year's bill, and permits the TBA to address any other issues that arise in the administration of the new provision.
Great Big Shrimp a success
More than 200 lawmakers, bar leaders, legislative staffers and TBA members attended the TBA's annual Big Shrimp Reception at the Tennessee Bar Center Tuesday night. This annual reception honoring the General Assembly helps to cement close working relationships that the bar enjoys with the leadership of the legislature. Attendees also consumed more than 1,000 shrimp, pounds and pounds of onion souffle and smoked beef tenderloin. See photos from the event at http://www.tba.org/news/bigshrimp2003/index.html
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.
TBA Big List
Monitor close to 300 bills and resolutions of interest to the Tennessee legal community.
TBA Watch List
Monitor 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.
Questions, comments? Contact TBA Legislative Counsel Steve Cobb at SAC@wallerlaw.com or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org
