In the final days of the 113th General Assembly, the House passed SB2763/HB2035, which would block local governments from passing their own version of an extreme risk protection order. According to the Tennessean, Democrat members criticized the legislation as a power grab over local control and pointed out that Republicans blocked any substantive debate on the issue during the legislative session. Bill sponsor Rep. Jody Barrett, R-Dickson, said he brought the bill to maintain "consistency," but also noted an ideological opposition to red flag laws. The Senate passed the bill earlier this month. It now goes to Gov. Bill Lee for his consideration. In 2023, Lee had proposed an order of protection but the legislature did not consider it during a special August session that year.

TBA’s Government Affairs team was successful in shepherding all four of TBA’s legislative proposals through the Tennessee General Assembly before legislators adjourned for the year. The latest episode of Legislative Updates takes a closer look at all of the TBA's bills plus the franchise/excise tax bill and conference report. Listen to attorney and TBA lobbyist Berkley Schwarz and TBA lobbyist and Adams and Reese attorney Brad Lampley on the TBA's Facebook page or wherever you get your podcasts. Read more in our legislative report on bills covering indigent representation funding, the cost of electronic medical records, conservatorships, adoption clean-up and birth certificates in adoptions.

Buddy Stockwell, executive director of the Tennessee Lawyers Assistance Program (TLAP), was recently a guest on The Legal Mindset Corner podcast. He discussed the unique mental health challenges that come with being a lawyer, having the courage to ask peers if they are okay, eliminating the stigma around substance use disorders and more. Listen to or watch the discussion on YouTube, Spotify or Apple Podcasts.

The Tennessee General Assembly adjourned the 2024 legislative session sine die on April 25 at 5:12 p.m. CDT. Notably, the House and Senate were unable to reach a compromise between their respective amendments to Gov. Bill Lee’s education freedom scholarship plan, thus causing the governor to pull the bill for the year. Legislators now return to their respective districts where the majority of them will soon engage in campaign preparations, given that half of the Senate and all of the House seats are slated for reelection. Read more about the legislature's action on the state budget, indigent representation fee increase and franchise tax law compromise.

Artificial Intelligence (AI) creates opportunities for health-related businesses in areas such as consumer engagement, patient monitoring, diagnosis and treatment decision augmentation, research and drug discovery, staffing, scheduling, revenue cycle management and more. These opportunities pose numerous challenges, with data privacy and security ranking high on the list. The path to AI success in health care includes a governance framework that reduces risks in a way that supports overall business and patient care goals. This free webcast on Monday will provide a brief overview of AI systems and discuss the privacy and security risks associated with using them in health care or wellness applications.

The U.S. 6th Circuit Court of Appeals will hold a Bench Bar Reception on April 30 from 4:30-6:30 p.m. CDT at the Tempo Hotel, 127 Rosa L. Parks Blvd., Nashville 37203. The event will occur during the court’s scheduled sitting in Nashville, April 29-May 3. RSVP here by April 28. The event will include a cash bar.

Join colleagues tomorrow at 11:30 a.m. CDT for the second webcast in an attorney well-being series, presented by the TBA Women in the Profession Committee. This one-hour session will use research associated with increased alcohol and drug use; increased stress, anxiety and depression; and feelings of isolation to provide real world strategies to achieve wellness while facing daily professional challenges.

The Tennessee House of Representatives on Monday passed HB1930/SB2571, the "Parental Accountability Act," sponsored by Rep. John Gillespie, R-Memphis, and Sen. Brent Taylor, R-Memphis.  The bill would allow judges to levy up to $1,000 in fines against parents or legal guardians of children who commit a second criminal offense. The Associated Press reports that the chamber voted 72-24 to send the bill to Gov. Bill Lee. It passed the Senate on March 18. Supporters argue the proposal is needed to hold families accountable for the child’s actions. However, opponents warned that the bill unfairly targets working parents who may have limited resources and burden them with fines that they may be unable to pay. 

The Shelby County Board of Commissioners is asking Shelby County Clerk Wanda Halbert to formulate a corrective action plan to remedy problems found in a review of her office in March by the Tennessee Comptroller’s office. The Daily Memphian reports that the resolution seeking the corrective action plan was approved by the commission on Monday on a 7-1-1 vote with several commissioners out of the room. Commissioner Mick Wright sponsored the resolution; he has called for Halbert's resignation several times. Commissioner Britney Thornton voted against the resolution, saying she felt that Halbert was being unfairly singled out.

Obion County attorney David Lynn Hamblen has received a public censure from the Tennessee Supreme Court. Hamblen represented the mother of a child in a custody matter in which an order had been entered granting the mother supervised visitation. The parties and their counsels were discussing entering an agreed order giving the mother unsupervised visitation, but prior to any agreement on that issue, Hamblen’s client called him and said she was having a problem arranging for her visitation to be supervised on a particular day. Hamblen then instructed his client to go ahead with unsupervised visitation. Opposing counsel filed a motion for contempt, and Hamblen told opposing counsel that he had instructed his client not to comply with the existing court order, and that he knew no order had been entered relieving her of the supervised visitation. The court found that Hamblen violated Rules of Professional Conduct 3.4 and 8.4(d).