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.

Make plans now to join colleagues on May 10 for the inaugural TBA YLD Trial College. The program, which will be held at  Belmont University College of Law, will cover a range of litigation topics, including getting prepared for trial, putting together a trial notebook, prepping witnesses, conducting Voir Dire, planning for and presenting opening statements and more. The day will start at 8 a.m. CDT with registration, followed by programming from 8:30 a.m to 4:45 p.m. at the Randall and Sadie Baskin Center, 1901 15th Ave. S., Nashville 37212.

The Tennessee Supreme Court has announced that starting in July 2027, law school graduates applying to become licensed attorneys in Tennessee will take the “NextGen Bar Exam” rather than the Uniform Bar Examination (UBE), which has been used in Tennessee since 2019. According to a news release from the court, Tennessee joins 16 other jurisdictions in announcing plans to adopt the new exam, which will focus on a broad range of foundational skills, using a set of clearly identified legal concepts and principles required for the competent practice of law.

Justice Jeff Bivins, the court’s liaison to the Tennessee Board of Law Examiners, said of the decision: “The NextGen exam furthers our goal of ensuring that new attorneys in Tennessee have the knowledge and skills to meet their clients’ legal needs. It also helps ensure that Tennessee remains part of a broad group of jurisdictions supporting lawyer mobility by offering portable bar exam scores that can be used for admission elsewhere.” The move in Tennessee and elsewhere comes after the National Conference of Bar Examiners launched a comprehensive review of the UBE in 2018, holding listening sessions with more than 400 stakeholders and conducing a nationwide practice analysis with nearly 15,000 lawyers.

The National Court Reporters Association (NCRA) will hold its annual Conference & Expo Aug. 1-3 in Louisville, Kentucky. This year also marks the association’s 125th Anniversary, which it is celebrating with special coverage of its history and memories from members. NCRA provides educational and informational resources for its members and the public.

Hamilton County lawyer Jennifer Yates Stickley petitioned the Tennessee Supreme Court for reinstatement of her law license on April 5. The Board of Professional Responsibility responded to the petition, stating that Stickley has outstanding obligations with the Tennessee Commission on Continuing Legal Education. On April 16, the court issued an order giving her until May 31 to complete those requirements or her petition will be dismissed.

The Tennessee Access to Justice (ATJ) Commission will host a virtual summer law student fellows program to connect students with pro bono opportunities. The A2J Summer Law Student Fellows Program will kick off May 20 and run through July 26. Law students interested in participating can learn more here or sign up here. The commission also is looking for legal organizations to host fellows. To express interest in that opportunity, please fill out this form. Questions about the program can be directed to Anne-Louise Wirthlin at the Administrative Office of the Courts Access to Justice Team. View a handout geared to students or a handout geared to hosting organizations.