Gov. Bill Lee’s office has declined multiple requests for records relating to the delayed execution of Oscar Franklin Smith, the Tennessean reports. Citing both the “deliberative process privilege” and attorney-client privilege, the governor’s office turned down requests from the Tennessean and the Associated Press, who sought the public records from the Tennessee Department of Correction and Lee’s office. Lee’s administration has broadly used both deliberative and so-called executive privilege exemptions when denying records requests, a practice that has been challenged in state courts. The administrations of both Democratic Gov. Phil Bredesen and Republican Gov. Bill Haslam also cited deliberative process in withholding records from the public. Lee paused all executions through the end of the year and appointed former U.S. Attorney Ed Stanton to conduct an independent review of the state's lethal injection protocol. 

The state recently observed National Drug Endangered Children Awareness Day – a day of advocacy to shine a light on the plight of drug endangered children across the state. The Tennessee Alliance for Drug Endangered Children (TADEC) held a resolution reading at Legislative Plaza and several Tennessee landmarks were lit up in red to mark the day. According to the Department of Children’s Services, 52,771 Tennessee children were linked to drug endangered child allegations in 2021. “That number itself brings to the forefront the importance of dealing with drug endangered children in juvenile court,” said Perry County General Sessions Court Judge Katerina Moore. The Administrative Office of the Courts has more on the story.

Tennessee lawmakers have adjourned for the year and with that comes the end of the TBA's 2022 Legislative Updates podcast season! TBA Director of Public Policy and Government Affairs Berkley Schwarz and TBA lobbyist and Adams and Reese attorney Brad Lampley are here to recap the biggest highlights and news from the 112th General Assembly. The two discuss redistricting, the truth in sentencing bill and more. In final discussions about the professional privilege tax, Lampley urges listeners to “keep the heat on” your legislators about repealing the tax. “This is really the time for one-on-one contact with your elected official,” Lampley says. “Develop those relationships and by all means continue to be a resource for them going forward and advocate for the issues you believe in.” You can catch Legislative Updates live and in-person at the TBA Annual Convention in June.

The TBA is hitting the road and coming to a city near you! The annual Court Square Series, designed to provide attorneys with the latest developments in multiple areas of the law, is underway and will stop in Cookeville on May 19. The three-hour event will include a panel of judges who will discuss best practices in family law, an ethics update from Board of Professional Responsibility Disciplinary Counsel Russ Willis, and an attorney wellness session. The program will be held at the Cookeville Higher Education Campus-Cody and will begin at noon CDT. The Court Square Series will also be making stops in Murfreesboro on May 17, Kingsport on May 26, Chattanooga on June 3 and Jackson on June 7. Read more on each session on the TBA CLE website.

Have you heard of a “lollipop” moment? Today’s #WellbeingWeekinLaw theme is CONNECT: Social Well-Being. Watch the TEDx talk “Creating More Lollipop Moments” on how everyday acts of kindness or social connection can have a large impact.

Gov. Bill Lee has until Friday to sign the new truth-in-sentencing bill or it will become law without his signature, the Tennessee Lookout reports. Some lawmakers had suggested Lee might veto the measure as it conflicts with his criminal justice reform efforts and is expected to drive up prison costs. The bill, HB2656/SB2248, would require those convicted of certain violent crimes to serve 100% of their sentence. In an opinion piece for the Tennessean, Nashville criminal defense attorney David Raybin calls on Lee to veto the bill. “With his veto pen, Governor Lee has an opportunity to give the General Assembly a chance to reconsider ill-advised, mass incarceration legislation,” Raybin writes. 

After abruptly halting the execution of Oscar Franklin Smith last month, Gov. Bill Lee on Monday announced "an investigation by a respected third party” into the state’s lethal injection protocols. Heading up that investigation is Memphis attorney Ed Stanton III, West Tennessee’s top federal prosecutor during the Barack Obama administration. Now an attorney at Butler Snow, Stanton’s assignment doesn’t address the validity of the death penalty itself. Instead, the governor’s office said Stanton will investigate "What led to testing the lethal injection chemicals for only potency and sterility but not endotoxins, a sign of bacteria in the compound, ahead of the April 21 execution." Former Memphis and Shelby County Mayor A.C. Wharton said the job is “one of the most important assignments any member of the legal profession could receive.” The Commercial Appeal has more on Stanton and his latest assignment from the governor.

The town of Mason, Tennessee, yesterday announced it has reached an agreement with the state that will prevent the Tennessee Comptroller from taking over its finances, the Associated Press reports. Mason, a predominantly Black town, had argued that state officials were placing unfair scrutiny on their finances and treating town leaders differently than white administrators in the same financial situations. Davidson County Chancellor Anne Martin last month denied the town’s request to temporarily halt the takeover while it made its way through court. The deal will require Mason officials to notify the state of any non-payroll expenditures over $1,000. They’ll also have to file monthly reports, instead of the weekly reports as originally negotiated, and the monthly payment Mason must make to its water and sewer funds was cut down by almost 50%. The agreement must still be approved by Martin.

TBA President Sherie Edwards will give an ethics presentation during the Ninth Annual Mid-South Agriculture and Environmental Law Conference scheduled for June. Edwards’ talk, “Attorney Wellness & Diversity in the Legal Profession: Ethics,” will draw heavily from the top priorities she set as TBA president. “…three of my top priorities have been business education, attorney wellness, and diversity,” Edwards said. “I’m looking forward to addressing attorneys and wellness in such a unique venue that pulls in a large number of attorneys and other ag professionals from throughout Tennessee and the region.” The conference will be hosted by the University of Memphis Cecil C. Humphreys School of Law on June 9 and 10. Edwards will present at 9:30 a.m. CDT on June 10. Read more on the event.

A bill that critics say criminalizes homelessness will become law without the approval of Gov. Bill Lee, the Tennessee Journal reports. The measure, House Bill 978, makes camping on public property a misdemeanor punishable by a $50 fine or community service. It defines camping as erecting temporary structures, cooking, or sleeping outside of a motor vehicle. Lee earlier this week expressed concerned about “unintended consequences” contained within the bill, but didn’t elaborate.