The Tennessee General Assembly adjourned its 114th session on April 22, following the passage of a $59.8 billion state budget that received bipartisan support, including reallocating approximately $180 million of funding from Gov. Bill Lee’s proposed budget amendment in order to fulfill legislators’ priorities.

TBA’s Legislative Team gives an update during the TBA’s annual convention. From left, Brad Lampley, Adams & Reese; Berkley Schwarz, Pier Strategies; and Ashley Harbin, Adams & Reese.

Indigent Representation Plan Funding

The final budget preserved key initiatives from the governor’s budget, including $17 million to overhaul the state’s Indigent Representation Program. The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court in February proposed a plan to help address the emergency and provide long-term stability through the development of a new structure for handling criminal conflicts and civil appointments for indigent clients.

Specifically, the plan establishes an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The plan highlights the anticipated outcomes, including an increase in the number of attorneys willing to accept appointments via the strategic use of retainers, flat fee and other types of contractual arrangements, and enhancing the quality of representation by providing training and mentorship for attorneys. The plan is structured to facilitate the work of the AOC, the courts, the district public defenders, the district attorneys general, and the private attorneys accepting appointments to be more efficient and effective as the need for indigent legal representation continues to grow. It also engages stakeholders in ongoing collaborations to improve function and accountability and prevent misuse of the system.

Presumption of 50/50 Custody Bill Fails

Legislation that would have established a presumption that joint legal custody and equally shared parenting time is in the best interest of the child failed to pass the House Judiciary Committee by a vote of 16-3, leaving it dead for the year. The bill, HB1131 was sponsored by Rep. Antonio Parkinson, D-Memphis. The Senate version of the bill, SB1331, was sponsored by Sen. Jeff Yarbro, D-Nashville. George Spanos, chair of the TBA Family Law Section, testified against the bill, and the TBA Government Affairs team worked to educate lawmakers on the need to maintain current law, which requires the judge to look at the facts of each individual case and determine custody based on what is in the best interest of each child.

TBA Family Law Bill Passes

The TBA Family Law Section’s legislation, HB492/SB540, sponsored by House Judiciary Committee Chairman Andrew Farmer, R-Sevierville, and Sen. John Stevens, R-Huntingdon, was signed into law and went into effect on May 2, 2025. The legislation, as amended, removes the three-year threshold for trial courts to consider a parent’s failure to pay child support from the best interest of the child factors in Tenn. Code Ann. § 36-6-106(a)(16). It also amends the grandparent visitation statute (Tenn. Code Ann. § 36-6-306) to add a new subsection (g) that will allow trial courts the discretion to award attorney’s fees and expenses to either party in a grandparent visitation case.

TBA Adoption Law Bill Passes

The TBA Adoption Law Section’s legislation, HB1355/SB1052, sponsored by Rep. Mary Littleton, R-Dickson, and Sen. Ferrell Haile, R-Gallatin, was signed into law and went into effect on May 5, 2025. The legislation, as amended, amends Tenn. Code Ann. § 36-1-102(45)(B) to provide that a biological father who only pays “token support” to the child’s mother shall not qualify as a putative father. Additionally, the legislation amends Tenn. Code Ann. § 36-8-102(5) to permit a prospective adoptive parent holding guardianship or medical decision-making authority over the child to consent to the child’s receiving medical vaccines.

Get Involved with TBA’s Legislative Proposal Process

The TBA gets its best ideas from its members, especially from the sections, committees and divisions. If the attorneys in one of these groups believe changes to the law in their practice area are needed, they draft proposed legislation and submit it to be considered as a TBA legislative initiative.

During their fall meetings, the TBA House of Delegates and the TBA Board of Governors separately discuss and consider each proposal. The house then makes recommendations to the board as to which legislation will make up the TBA legislative portfolio for the upcoming legislative session, and the Board decides which legislation to put forward.

Join a section and get involved in TBA’s advocacy of the legal profession! Visit www.tba.org/sections for more information. |||