TBA Legislative Updates podcast is now streaming with TBA Public Policy & Government Affairs Director Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin. This week, lawmakers and the Tennessee Supreme Court bid farewell to outgoing Administrative Office of the Courts Director Deborah Taylor Tate, Gov. Bill Lee made three new judicial appointments and Brad gives an update on the professional privilege tax. To see a list of all of TBA’s bills, visit our online bill tracker. Legislative Updates airs every Thursday on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

By order of the Tennessee Supreme Court, the law license of Hamilton County lawyer William Robert Heck was transferred to disability inactive status today. Heck may not practice law while on inactive status. He may return to the practice of law after reinstatement by the court upon showing that his disability has been removed.

The U.S. District Court for the Middle District of Tennessee on March 23 declared Tennessee’s law requiring a license for an online auction to be unconstitutional. The case was brought by Beacon Center of Tennessee and Southeastern Legal Foundation on behalf of Will McLemore and Aaron McKee, two auctioneers who innovated the use of an online platform for auctioneering, and the Interstate Auction Association, an unincorporated association dedicated to innovation in auctioneering. Tennessee enacted the law in 2019, making it one of the first states in the country to impose a license on online auctions. Judge Eli Richardson ruled that the law violated the Constitution’s Commerce Clause by trying to regulate interstate commerce in the form of an internet style auction.

The candidate filing deadline is not until April 7, but several state lawmakers have already given notice they do not plan to seek another term. Two others have either stepped down or been ousted from their respective chambers amid federal charges. Tennessee Journal has the running tally.

The Administrative Office of the Courts today reminded all Rule 31 Listed Mediators that they must renew their listing annually or the listing will lapse. The 2022 listing renewal season will close tomorrow. To continue as a Rule 31 Listed Mediator, submit a renewal application and renewal fee. A Rule 31 Mediator also must complete all six biennial Continuing Mediation Education (CME) hours if they are now due. A mediator whose credentials have lapsed for failure to comply with CME requirements must re-apply for listing. Get details about the renewal process.

As 20th Judicial District Circuit Court Judge David Randall Kennedy eyes his upcoming retirement in August, he is reflecting on his 19 years on the bench. From dealing with would-be country music stars to Zoom mishaps during the pandemic, Kennedy says serving on the court has been a blessing. He has handled “more conservator cases than any other judge in Tennessee” and says it is an honor to help those who can no longer care for themselves. Prior to being appointed to the court, Kennedy was in private practice at Kennedy & Brown. He also served two terms on the Metro Nashville Council. He earned his law degree from the Nashville School of Law in 1977. After Aug. 31, he says he will support his successor, spend quality time with his wife and travel more. The Administrative Office of the Courts looks back at his career.

Vanderbilt University this week named a new advisory board for its Project on Unity and American Democracy designed to help bridge the gap of political polarization in the United States. Chairing the board will be former Tennessee Gov. Bill Haslam and two Vanderbilt faculty: presidential historian Jon Meacham and political science and law professor Samar Ali. Other members include former Florida Gov. Jeb Bush, former U.S. Attorney General and current Belmont University Law School Dean Alberto Gonzales, Bill Clinton's former White House Chief of Staff Erskine Bowles, former U.S. Ambassador to China and Washington state Gov. Gary Locke, and country music artists Martina McBride, Tim McGraw and Faith Hill. Read more in a release from the school.

Tennessee House Republicans on Monday passed legislation targeting "obscene" materials in school libraries. Democrats and school librarians criticized the bill as overly broad and unnecessary, the Tennessean reports. Rep. Scott Cepicky, R-Columbia, sponsored the bill, which establishes a review timeline schools must follow if a parent or guardian reports material they believe to be obscene or "harmful to minors," including removing the book for at least 30 days while the local board of education or charter school governing body conducts a review. The legislation now awaits action in the Senate.

Tennessee House Speaker Cameron Sexton said Monday he gave “factual information” to a grand jury investigating political corruption and confirmed he is not a “target” in the federal probe. Sexton was among at least five lawmakers subpoenaed to testify before the grand jury, Tennessee Lookout reports. They include Republican Reps. Jason Zachary of Knoxville, Bud Hulsey of Kingsport, Patsy Hazlewood of Signal Mountain and Esther Helton of East Ridge. Legislative Administration Executive Director Connie Ridley also made an appearance. Former Rep. Robin Smith is also cooperating with prosecutors. Federal agents are reportedly building a case alleging kickbacks and possibly bribery centered around a fake organization that marketed itself as a campaign and direct mail consultant.

The Tennessee Supreme Court this week denied an appeal by Eric Boyd, the fifth and final suspect to be convicted in the 2007 torture slayings of a Knox County couple, Tennessee Lookout reports. Boyd was convicted by a Knox County Criminal Court jury in August 2019 of kidnapping, raping and killing Channon Christian and Christopher Newsom. He was sentenced to two consecutive life sentences plus another 90 years for related, underlying crimes. Four others involved in the crime are also in prison. Lemaricus Davidson is on death row, Letalvis Cobbins is serving life without parole and Vanessa Coleman is serving 35 years. George Thomas was originally sentenced to 127 years but agreed in 2018 to testify against Boyd in return for a 50-year sentence.