A bill that would change how bail is determined is headed to Gov. Bill Lee's desk. If it becomes law, a defendant's ability to pay would no longer be considered when determining what a defendant's bail amount should be. News Channel 5 reports that bill sponsor Rep. John Gillespie, R-Memphis, says this change will improve public safety and make the bail process more efficient. Rep. John Ray Clemmons, D-Nashville, argued in a tweet that the measure is "adverse to equal access to justice" and "one of the most discriminatory bills of 2024."

The Federal Trade Commission (FTC) has voted 3-2 to ban most noncompete agreements, which currently prevent tens of millions of employees from working for competitors or starting a competing business after they leave a job. The Hill reports that the rule would ban new noncompete agreements for all workers, and require companies to let current and past employees know that they will not enforce them. Companies also will have to throw out existing noncompete agreements for most employees, although in a change from the original proposal, agreements may remain in effect for senior executives.

Make plans now to join colleagues from across the state at the TBA’s 2024 Annual Convention, set for June 12-15, at the Peabody Hotel in Memphis. In addition to CLE and leadership meetings, there are multiple social and networking events on the agenda. On Wednesday evening, a welcome reception is followed by casual dine-around for all attendees. Thursday begins with the Public Service Breakfast and law school breakfasts, and wraps up with a Tennessee Legal Community Reception open to all and joint bench & bar event featuring Memphis-based band "Soul Shockers." All of these events are included with full registration. Register by April 30 to take advantage of Early Bird pricing! Individual tickets will be available for purchase in the next few weeks.

Save the date for the TBA's annual Business Law Forum in Nashville on May 15. This year's program will include two one-hour sessions on the Corporate Transparency Act, as well as an ethics session for business lawyers which offers observations on professional responsibility and ethics using characters, transactions and business dealings from the HBO Max show "Succession." Additional topics and speakers to be announced soon. Click here for more information.

The Johnson City Police Department is the subject of a federal public corruption probe related to its handling of an alleged serial rapist, new filings in an ongoing class action lawsuit indicate. Attorneys representing women, who say police conspired to protect their assailant, have turned over 520 pages of emails and attachments to the “prosecution team for the federal public corruption investigation of the Johnson City Police Department,” the filing said. The Department of Justice has, for months, declined to confirm or deny any investigation, and the existence of a federal criminal probe had not previously been revealed. WJHL-TV reports on the new legal filing.

The U.S. Sentencing Commission has voted unanimously to curtail the ability of judges to impose longer sentences on criminal defendants based on conduct for which they were acquitted at trial. The move, according to Reuters, follows calls by members of Congress and defense lawyers to do away with the ability of federal judges to sentence defendants for "acquitted conduct," a practice critics called unjust. The U.S. Supreme Court last year sidestepped the question of whether the practice was unconstitutional, with several justices saying they would wait for the Sentencing Commission to first decide whether to address the issue.

Lawmakers were set to vote on a bill today that would amend the Tennessee Constitution to give Tennessee judges more discretion to approve or deny bail for the crimes covered by the 2022 “Truth in Sentencing” law, a mandatory-minimum law for violent offenses, News Channel 5 reports. The proposal would apply to violent offenses like acts of terrorism, second degree murder, aggravated rape of a child and more. It also would require those who commit those crimes to serve more of their sentence if convicted. The change would have to be approved by a simple majority of both chambers this year and by two-thirds of both chambers in 2025 before being placed on the November 2026 ballot as a yes/no question. House Speaker Cameron Sexton, R-Crossville, introduced the proposal in February. The measure has already passed the Senate.

Gov. Bill Lee says he is “extremely disappointed” that his proposed school choice plan will not make it into law this year. The comments came after the House and Senate appeared unable to negotiate on certain stipulations, including testing requirements, WKRN reports. According to the news source, the Senate had no issue with how schools administer tests, but House leaders wanted to limit end-of-course exams to increase instruction time. Lee said he was disappointed “for the families who will have to wait yet another year for the freedom to choose the right education for their child, especially when there is broad agreement that now is the time to bring universal school choice to Tennessee. While we made tremendous progress, unfortunately it has become clear that there is not a pathway for the bill during this legislative session.”

The U.S. District Court for the Middle District of Tennessee ruled last week that Tennessee election officials cannot deny voter registration to eligible Tennesseans who have past felony convictions, and that they must inform potential voters of eligibility requirements for voting after a felony. The decision came in the case of NAACP, et al. v. William Lee, et al. The Campaign Legal Center, Free Hearts and Baker Donelson represented voters in the suit. The groups argued that many Tennesseans with a felony conviction never lost the right to vote, or since have had those rights restored, but continue to be treated as those who lost their rights. They also argued that Tennessee’s voter registration form misinformed potential voters on the law. According to the group, Tennessee has the second-largest disenfranchised population in the country and the highest rate of Black disenfranchisement in the country. Read the court’s decision or more from the Campaign Legal Center.

Members of the Tennessee judiciary are remembering retired Knox County Circuit Court Judge Wheeler A. Rosenbalm, who died on April 21. Rosenbalm served as a judge for 22 years, from September 1990 until his retirement in January 2013. Prior to joining the court, Rosenbalm was a partner with the Knoxville law firm of Frantz, McConnell & Seymour LLP. He earned his law degree from the University of Tennessee College of Law, where he also was an instructor and associate professor of law. Judge Deborah C. Stevens, who succeeded Rosenbalm on the bench, said he was “a very good man, a brilliant lawyer and an extremely well-respected judge.” Rosenbalm was a member of the Knoxville Bar Association, and a fellow in the Tennessee Bar Foundation and American College of Trial Lawyers. Funeral arrangements have not yet been announced.