The Tennessee Senate yesterday rejected HB1072/SB915 by Sen. Brian Kelsey, R-Germantown, and Rep. Curcio, R-Dickson, to ban local governments from filing lawsuits to challenge the constitutionality of laws passed by the General Assembly. The bill would also have allowed the state to file an interlocutory appeal in any case in which the constitutionality of a statute is challenged and would have stayed any injunction issued by the court pending the final outcome of the appeal. TBA has been expressing concern to bill sponsors and committee members. Yesterday, the House Civil Justice Committee removed the section banning local governments from filing lawsuits against the state and that amended version passed the full House. In the Senate, the vote on Kelsey’s amendment failed 14-14, with three Republicans and two Democrats missing the vote. Kelsey then asked to move his bill to Wednesday, at which point he is expected to introduce another amendment seeking similar changes as were made to the House-passed bill. Read more from TNJ: On the Hill. 

Applications are now being accepted for a circuit court judge vacancy in the 19th Judicial District. The vacancy, which covers Montgomery and Robertson counties, was created when former Circuit Court Judge Jill Bartee Ayers was appointed to the Court of Criminal Appeals, Middle Section. Those interested must submit the Trial Court Vacancy Commission application to the Administrative Office of the Courts by noon CDT on May 11. The commission will consider applicants at a hearing on June 16 at 9 a.m. CDT in the Commission Chambers of the Montgomery County Historic Courthouse located at One Millennium Plaza. The AOC has complete application instructions.

The Tennessee Supreme Court has one case set for its docket tomorrow. Steven Kampmeyer et al. v. State of Tennessee will be livestreamed on the Administrative Office of the Court’s YouTube page at 9 a.m. CDT. The case involves interpretation of the Claims Commission Act, which authorizes certain suits against the state of Tennessee. The AOC’s website has more on the case.  

Attorney General Herbert Slatery this week signed a letter with 38 other state attorneys general asking Congress to pass the EAGLES Act. Named after the mascot of Marjory Stoneman Douglas High School where 17 people were killed in 2018, the act is a national program to prevent targeted school violence. It would expand the U.S. Secret Service’s National Threat Assessment Center (NTAC) with a greater focus on school violence prevention. The measure contains research and training components, allows dissemination of evidence-based practices and authorizes the NTAC to work with state and local officials to develop research and training. NTAC was created in 1998 to provide information on threat assessment to the Secret Service and began studying school violence after the 1999 shooting at Columbine High School. Read more on the AG’s website.

A Knoxville News Sentinel investigation into the state’s cash bail practices alleges that the computer system used to set bail in Knox County is violating state law. There are five bail options judges and magistrates must consider, but the paper's ongoing investigation into the issue found that two of the cashless options are excluded from the county’s system. After the Southern Poverty Law Center and the Civil Rights Corps threatened to file suit against the county if bail practices did not change, the county's general sessions judges issued a statement promising to "examine and re-examine" bail practices. An April 19 meeting of the judges to discuss a proposed plan to fix the violations was postponed hours before it was set to start. That meeting is now set for Monday.

The Tennessee Justice Center (TJC) today filed a complaint challenging the Department of Health and Human Services’ approval of the TennCare III project through the end of 2030. TJC says the approval caps the amount of federal funding available for Medicaid services and allows the state to restrict coverage of prescription drugs. It also permits the State to continue some features of TennCare, including the elimination of three-months’ retroactive coverage and the requirement that beneficiaries enroll in managed care plans. TJC, alongside the National Health Law Program and King & Spalding LLP, filed on behalf of 13 Medicaid beneficiaries. Read more from TJC.

The U.S. Senate on Tuesday confirmed Lisa Monaco as deputy attorney general, the No. 2 position at the Justice Department, Reuters reports. Monaco, who was approved by a 98-2 vote, will oversee a vast portfolio encompassing criminal and national security investigations, as well as all U.S. Attorney's Offices across 94 districts. The deputy attorney general position is also instrumental in developing criminal justice policies, from sentencing to clemency. Prior to her confirmation, Monaco worked at the law firm of O’Melveny & Myers. Before that, she served a variety of roles in the Justice Department and White House.

The COVID-19 pandemic is likely to blame for a 2.6% dip in full-time legal employment for law students who graduated in 2020, Westlaw Today reports. That data was released on Tuesday by the American Bar Association’s Section of Legal Education and Admissions to the Bar. According to the ABA Journal, there was a small increase in hiring at large law firms, and also growth in law school-funded jobs, solo practitioner work and public interest positions. Government jobs, however, decreased by 9.9% and business and industry work fell by 8%.   

Store owners who were falsely arrested during “Operation Candy Crush” in Rutherford County have reached a $1.3 million settlement with local officials, the Daily News Journal reports. A class-action lawsuit against Rutherford County Sheriff Mike Fitzhugh, Smyrna Police Chief Kevin Arnold, District Attorney General Jennings Jones and Assistant District Attorney John Zimmerman was brought after plaintiffs were arrested in 2018 on charges of selling candy made with CBD, a product not proven to be an illegal derivative of marijuana. All charges were later dropped. The Tennessee Attorney General's Office provided staff legal counsel for Jones and hired Nashville law firm Neal & Harwell to represent Zimmerman. Plaintiffs were represented by attorney Chris Smith of Nashville civil rights firm David Randolph Smith & Associates, which also recently settled a police misconduct lawsuit against the City of Chattanooga.

Longtime state Senator Thelma Harper has died, the Nashville Post reports. Harper was the longest-serving woman in state Senate history, as well as the first African American female state senator. She served the state’s 19th District for three decades. "Whether she was fighting landfills for her neighbors, serving a community organization or leading a hearing in the legislature, Thelma Harper was a strong voice for her community, for justice and our most vulnerable children," the Senate Democratic Caucus said in a statement. "While this is a sad day for Tennessee, our state is a better place for her legacy of leadership. Thelma Harper loved the Tennessee Senate and the Tennessee Senate loved her right back." Harper decided not to run for re-election in 2018 and was replaced by then-Rep. Brenda Gilmore.