News

Juvenile Justice Task Force Working Toward Report

The state Juvenile Justice Task Force is working toward a final report and is expected to make a number of recommendations to lawmakers on how juveniles should be treated in the legal system. That makes it likely that the legislature will consider some form of juvenile justice reform in the next session, the Tennessean reports. The task force, chaired by state Senate Majority Leader Sen. Mark Norris, R-Collierville, is focused on a number of issues, including the youth probation system, inconsistent court practices across the state and use of valid court orders, which put the weight of the court behind directives for school attendance and curfews.

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Trump Advisor: Corker is Finalist for Secretary of State

Sen. Bob Corker is one of four finalists to become President-elect Donald Trump’s secretary of state, one of Trump’s senior advisers said Friday, the Tennessean reports. Kellyanne Conway, who managed Trump’s presidential campaign, confirmed the Tennessee Republican is on short list. “We publicly have said there are probably four people right now that have been the narrowed down choices,” Conway said. “That includes Gen. [David] Petraeus and Sen. Bob Corker from Tennessee.” Former Massachusetts Gov. Mitt Romney and former New York City Mayor Rudolph Giuliani are also still in the mix, according to Conway. 

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Senators Planning Bill to Give ‘DREAMers’ Legal Status

Two U.S. senators are working to give young undocumented immigrants legal status, possibly before President-elect Donald Trump takes office, Roll Call reports. Senate Minority Whip Richard Durbin, D-Illinois, and Sen. Lindsey Graham, R-South Carolina, reportedly are drafting legislation to protect the so-called “DREAMERs” – undocumented immigrants who came to the states as children and meet the requirements of federal law. The pair decided to act after President Barack Obama said he would not pardon the young people.

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Cohen Files Measure to Eliminate Electoral College

U.S. Rep. Steve Cohen, D-Memphis, has filed a constitutional amendment to eliminate the Electoral College and provide for direct election of the president and vice president, USA Today reports. “For the second time in recent memory, and for the fifth time in our history, we have a President-elect, who lost the popular vote,” said Cohen, the top Democrat on the House Judiciary Subcommittee on the Constitution and Civil Justice. “The Electoral College is an antiquated system that was established to prevent citizens from directly electing our nation’s president, yet that notion is antithetical to our understanding of democracy,” he argues. The amendment would need two-thirds approval in both the House and the Senate and would then have to be ratified by 38 of the 50 states.

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AOC Director Speaks to TISL Students

Administrative Office of the Courts (AOC) Director Deborah Taylor Tate recently joined more than 500 Tennessee college students for the Tennessee Intercollegiate State Legislature (TISL) Day on the Hill. The TISL program offers college students the opportunity to learn about state government and the political process, while the Day on the Hill provides an opportunity for students to meet their legislators and learn about current policy issues. Tate recounted the number of state officials who are TISL graduates – including Secretary of State Tre Hargett, Treasurer David Lillard, Supreme Court Chief Justice Jeff Bivins and Justice Holly Kirby, and eight other current and former judges – to challenge the students to take advantage of the opportunities they are given.

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Legislation Would End All Medical Malpractice Suits

The Georgia-based nonprofit advocacy group Patients for Fair Compensation again this year plans to seek legislation that would ban all malpractice suits in the state, the Nashville Post reports. The group’s proposal will be introduced by Sen. Jack Johnson and Rep. Glen Casada, both Republicans from Franklin. The proposed plan would create a patients’ compensation system funded by annual fees charged to doctors. Instead of filing a lawsuit, an aggrieved patient would apply for compensation to an administrative law judge who would assess the claim. The bill, which surfaced last year for the first time, is opposed by a number of legislators and the Tennessee Medical Association.

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House Votes to Name Nashville Courthouse for Thompson

The U.S. House of Representatives voted today to approve legislation naming Nashville’s new federal building and courthouse the Fred D. Thompson Federal Building and United States Courthouse. The bill, introduced by Rep. Marsha Blackburn of Brentwood, passed on a voice vote. Get details on floor consideration of the bill, H.R. 6135.

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Corker, Blackburn Meet with Trump Today

Two Tennessee elected officials were to meet with President-elect Donald Trump today, Knoxnews reports. U.S. Sen. Bob Corker and Congresswoman Marsha Blackburn were said to be traveling to Trump Tower for meetings. Corker, chairman of the Senate Foreign Relations Committee, has been rumored to be a prospect for secretary of state. But he said earlier this month that he believes someone else is more likely to get the job. Blackburn, a member of the Trump transition team’s Executive Committee, said she was looking forward to discussing “a broad range of policy issues, the transition, and to continue helping him choose the best people for his administration.”

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Tennessee Waltz Defendants Get Rights Restored

Three former elected officials made infamous for their involvement in the Tennessee Waltz corruption sting have had their rights restored, the Tennessean reports. Former state senators John Ford and Roscoe Dixon and former Shelby County Commissioner Michael Hooks Sr. all served federal prison time, but have received orders from two judges that restored their rights as citizens. Dixon and Hooks participated in a press conference Monday to discuss the challenges of becoming full citizens again and to encourage others to seek restoration of their rights. The men may vote, serve on a jury and obtain professional licenses, but may not hold public office or own a gun. The FBI’s undercover operation “Tennessee Waltz” ensnared 12 legislators, lobbyists and local officials across the state.

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Is Harold Ford Jr. Being Considered for Trump Cabinet?

Former Memphis Congressman Harold Ford Jr. may be under consideration for a post in the Trump administration, according to the website Politico. Transportation secretary has been mentioned though “other Cabinet posts have not been ruled out.” Ford, a Democrat, supported Hillary Clinton in the presidential campaign, but he is friends with some of Donald Trump’s children. Two sources confirmed that preliminary feelers have been put out about potential posts via “emissaries.” Ford represented Tennessee’s Ninth Congressional District from 1997 through 2007. He left that post to run for the U.S. Senate, a race he lost to current Sen. Bob Corker. The Commercial Appeal has the story.

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FBI Focuses on Durham’s Campaign Finances

The FBI recently interviewed at least two people about Jeremy Durham's campaign finances, the Tennessean reports. One individual interviewed also said an investigator with the IRS was present during the session. Questions reportedly focused on specific transactions by Durham and his campaign, and whether there was any indication that Durham engaged in money laundering. The interviews come amid ongoing state scrutiny of how the former lawmaker spent his political contributions. State campaign ethics and finance officials have found a $191,000 discrepancy between campaign finance reports and bank accounts. 

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Senate Judiciary to be Led by 2 Non-Lawyers

The U.S. Senate Judiciary Committee will be led by two non-lawyers in the next Congress. Chairman Charles Grassley, R-Iowa -- the committee's first ever non-lawyer chair -- will continue in the position he has held since 2014. This week, Sen. Dianne Feinstein, D-California, became the ranking member of the committee. She replaces Sen. Patrick Leahy, D-Vermont, who was a practicing attorney before he joined Congress. Responding to concerns that Feinstein is not a lawyer, her former chief counsel said the move “illustrates how legal issues are increasingly seen as societal and political issues” and that having “good, hard-working, smart people running these committees” is more important than whether they have a law degree. Today’s General Counsel has an excerpt from the Wall Street Journal story.

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Trump Picks Alabama Sen. Sessions for AG

Alabama Republican Sen. Jeff Sessions has been tapped as President-elect Donald Trump’s nominee for attorney general, Roll Call reports. Sessions, who sits on the Judiciary, Armed Services, Budget and Environment & Public Works committees, was the first incumbent senator to back Trump. He also has been serving as part of the transition team. Prior to joining Congress in 1996, Sessions was U.S. attorney for the Southern District of Alabama and a state attorney general. He was nominated by President Ronald Reagan to be a federal district court judge in 1986, but failed to win Judiciary Committee approval. WRCB-TV has more on that issue.

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Former State Rep. Armstrong to Keep Pension

Former state Rep. Joe Armstrong will collect his legislative pension in spite of his federal felony conviction for tax fraud, Knoxnews reports. Armstrong represented Knoxville’s 15th District from 1988 until this year. He will draw a yearly pension of $28,744.08 or $2,395.34 per month, the maximum allowed. A spokesperson for the state retirement system said that since his felony conviction was not related to his legislative service, he will retain his pension.

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Rep. Harwell, Sen. McNally Nominated for Speaker

Tennessee state House Speaker Beth Harwell staved off a challenge today as Republicans voted to keep her in leadership, the Tennessean reports. Harwell, who has been speaker since 2011, defeated Rep. Jimmy Matlock of Lenoir City by a 40-30 vote. Republicans also returned Rep. Glen Casada, R-Franklin, to the post of majority leader by a vote of 42-29. In the state Senate, Republicans unanimously nominated Randy McNally of Oak Ridge to be the next speaker. If elected by the full chamber in January, he also will serve as lieutenant governor, taking over for the retiring Ron Ramsey. Other GOP leaders were returned to office with Sen. Mark Norris of Collierville approved as majority leader and Sen. Bill Ketron of Murfreesboro approved as caucus chairman, the Nashville Post reports.

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Firearms Group Wants Harwell Removed as Speaker

The Tennessee Firearms Association says it has had enough of Republican Rep. Beth Harwell as speaker of the state House, the Tennessean reports. The group circulated a lengthy email yesterday criticizing Harwell for not sufficiently supporting President-elect Donald Trump. “The last six years have proven that the establishment Republican perspective and control tactics of Beth Harwell cannot be reconciled with the current trend that the voters have demanded across Tennessee by their overwhelming support of Donald Trump,” the email reads.

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Court: School Zone Law Does Not Apply to Facilitating Sale of Drugs

The Tennessee Supreme Court ruled today that the Drug-Free School Zone Act does not apply when a defendant is convicted of “facilitation of possession” in a school zone, overturning both the trial court and appellate court decisions in the case of Stanley Bernard Gibson, who had received a sentencing enhancement based on the proximity of his crime to a school. In a unanimous opinion, the court found that the state drug-free school zone law specifically lists the offenses to which it applies, and facilitation is not among them. They affirmed the underlying conviction but remanded the case to the trial court for resentencing.

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Cohen Asks DOJ to Investigate Justice Center Issues

U.S. Rep Steve Cohen has requested that the U.S. Department of Justice look into recent computer problems at the Shelby County Criminal Justice Center, Local Memphis reports. The Memphis Democrat sent a letter to U.S. Attorney General Loretta Lynch Tuesday following reports that a system upgrade at the center resulted in inmates being "lost" in the system and  stuck in jail for hours after posting bail. “If true, these reports are deeply concerning,” Cohen wrote. “No one should spend one additional minute, let alone days, in jail when, under law, they are supposed to be free.”

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Shelby Commission Rejects Marijuana Ordinance

For the second time in recent days, the Shelby County Commission has rejected a proposal that would have reduced the penalties for possession of small amounts of marijuana. The Commercial Appeal reports that the commission rejected the bill on a 4-9 vote. Opponents cited a variety of reasons for their objections, including the negative impact of marijuana use on education, the damage marijuana can do to the lungs and brain, availability of existing diversion programs and the belief that the issue should be addressed on the state level.

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Corker Draws 2018 Primary Opponent

Larry Crim, a Nashville businessman and CEO of Christian Counseling Centers of America, has thrown his name into the 2018 Republican primary to challenge Sen. Bob Corker, the Nashville Post reports. Crim has run multiple times as a Democrat for U.S Senate and House seats, including an attempt earlier this year to represent Memphis while still living in Nashville. He even previously said he would run in the Democratic primary to challenge Corker. For his part, Corker has filed to keep his seat though many believe he may be asked to join the Trump cabinet.

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Johnson Likely Has Too Few Votes to Pull off Upset

Gloria Johnson’s hope that provisional ballots could unseat incumbent State Rep. Eddie Smith, R-Knoxville, in the 13th District race appeared to be dashed Monday after election officials reviewed the contents of five locked ballot boxes, Knoxnews reports. Johnson has not conceded the race, although her challenge appears mathematically impossible, the paper argues. She is 154 votes short with only 86 provisional ballots left to verify.

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Report: Loophole Allows Donors to Obscure Campaign Donations

A study of campaign contributions by the Tennessean reveals that a loophole in state campaign finance laws allows donors to skirt campaign contribution limits. Among its findings, the paper discovered that Republican donor Andy Miller used more than a dozen names, addresses and job descriptions when giving as much as $550,000, possibly more than is allowed under law. In total, the paper found eight variations of Miller’s name and nine different addresses on campaign finance reports.

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Blackburn, Hagerty Join Presidential Transition Team

U.S. Rep. Marsha Blackburn, R-Brentwood, has been named a member of the presidential transition team, which will assist President-elect Donald Trump and his staff with transition tasks. Blackburn has been a strong supporter of Trump for months, often appearing on national television as his surrogate. Another Tennessean, former Department of Economic and Community Development Commissioner Bill Hagerty, also has been named to the Trump team. He will be director of presidential appointments. Finally, speculation has been rampant that U.S. Sen. Bob Corker, chair of the Senate Foreign Relations Committee and a Chattanoogan, could be named secretary of state. The Tennessean and Nashville Business Journal have more on these moves.

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GOP Leader Will Not Seek Re-election

Tennessee Republican Party Chair Ryan Haynes plans to leave his post later this year, capping an 18-month tenure that saw criticism of his leadership despite continued GOP gains at the statehouse, the Tennessee reports. “It was an awesome challenge and I am honored we have taken the party to a place where we have more Republicans elected in Tennessee than ever before,” Haynes told the paper. He says he plans to move to the private sector and spend more time in Knox County. Haynes was elected chair in April of 2015 after leaving his seat in the statehouse.

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Juvenile Law Annual Forum Coming Soon

The TBA will host its annual Juvenile Law CLE on Dec. 1 at the Tennessee Bar Center in Nashville. Speakers will include representatives from Vanderbilt’s Center of Excellence for Children in State Custody and the Tennessee Department of Children’s Services (DCS). Sessions will cover case law updates, immigration issues in juvenile court, and using medical evidence in severe abuse cases. A panel on DCS administrative hearings and policies and a session on ethical issues in juvenile courts will round out the day. Learn more or register online.

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