Government Affairs Update

Follow the TBA's efforts to influence federal and state policy as it fulfills one of the core missions of the association – advocacy for the profession and for our system of justice.

Lawyer Challenges Williams for House Seat

Republican Thom Gray, who is seeking to represent the Fourth District House seat in the Tennessee General Assembly, will square off against incumbent Kent Williams of Elizabethton in the Nov. 6 general election. Though Williams claims Republican affiliation, he was barred from officially running as a Republican after joining with Democrats in 2008 to defeat Republican nominee Jason Mumpower as speaker of the House. Gray, a solo practioner in Bristol, is a newcomer to politics. The Elizabethton Star has more about his first bid for public office.

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Law Grad Among Blackburn Challengers

Rep. Marsha Blackburn has five challengers who want to represent the district that now will cover much of west Middle Tennessee, including Brentwood, Fort Campbell and all of Montgomery County. Blackburn has held the 7th Congressional District seat for 10 years. Among the challengers is Army veteran and independent candidate Jack Arnold of Kingston Springs, who just graduated from Vanderbilt Law School. The Leaf-Chronicle looks at the race.

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Candidate Says He Was Not Threatening the President

Brad Staats, the Republican nominee challenging U.S. Rep. Jim Cooper in the 5th Congressional District election, is on the U.S. Secret Service's radar after making a Facebook post that some construed to be a threat to President Obama. Under a photo of a semi-automatic pistol on his Facebook page, the candidate explained his views on Second Amendment rights in part by saying, "Here is something that I usually have with me. Welcome to Tennessee Mr. Obama.” Staats says he was not threatening the president. The Tennessean has more

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Rep. Cobb Indicted, Arrested for Assault

State Rep. Jim Cobb, R-Spring City, was arrested today after a Rhea County grand jury indicted him on Monday, the Times Free Press reports. He is charged with assault in connection with an election-day incident on Aug. 2. Cobb is scheduled to appear for a Friday hearing in Circuit Court.

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High Court Will Not Hear Iowa Judicial Nominating Commission Case

The U.S. Supreme Court has refused to hear an appeal in a lawsuit over the Iowa Judicial Nominating Commission's makeup. The plaintiffs filed suit in the U.S. District Court for the Southern District of Iowa in 2010, challenging sections of the Iowa Constitution and state code. They argued that the system excludes Iowa voters from participation in the election of the elected attorney members of the state Judicial Nominating Commission; that it denies voters the right to equal participation in the selection of state Supreme Court justices; and that it denies voters the right to vote for the elected attorney members of the commission. The judicial commission is given the power to select the nominees for vacant positions on both the state Supreme Court and the Court of Appeals. The governor then chooses one of the commission's three nominees. Learn more from LegalNewsLine.com

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Judge: No Photo ID Needed to Vote in Pennsylvania

Voters won’t have to show photo ID in Pennsylvania before casting a ballot in November, Commonwealth Court Judge Robert Simpson ruled today. He issued a narrow injunction on the deadline day he was given by the state Supreme Court, which will surely hear a second appeal in the nationally watched case before November, the Legal Intelligencer says. Poll workers are allowed to ask for photo ID from voters, but they must allow all qualified electors to cast a ballot regardless of whether or not the voters can show ID, Simpson ruled.

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Attorneys Take Issue With Candidate Criticism

Two Nashville attorneys have written a letter to the editor critical of a Tennessean article on Tennessee senatorial candidate Phillip North and his law practice. Greg Ramos and Mike Jameson take issue with a statement from Tennessee GOP Executive Director Adam Nickas, who referred to North as “a trial lawyer who is in the business of killing business with frivolous lawsuits.” Ramos and Jameson note that North’s legal practice is involved in the “defense” of lawsuits against individuals and businesses, the opposite of Nickas’ statement. “Phillip protects the reputations of individuals and businesses, including hundreds of physicians and health care providers across Middle Tennessee,” the pair write.

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Judge Upholds Constitutionality of Voter ID Law

Chancellor Carol McCoy ruled Wednesday that Tennessee’s voter ID law does not violate citizens’ constitutional rights, the Tennessean reports. The judge’s ruling dealt a blow to challengers of the legality of such laws. The state’s constitution gives legislators rights to enact laws to “secure the freedom of elections,” McCoy noted during the hearing. Although opposing attorneys cited the constitution's requirement for citizens only to be of legal age and have proof of residency and voter registration in order to vote, McCoy stated "voting procedures have evolved over the years."  George Barrett, who represented the city of Memphis and two other women from the Memphis area, was seeking an injunction to let residents vote in November without proof of ID, a requirement he contends is burdensome.

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Nashville Senate Candidates Talk About Per Diem, Other Issues

The two candidates for Senate District 20 -- Republican Steve Dickerson, a doctor, and Democrat Phillip North, a lawyer -- both say they would refuse per diem money if elected, but each has a different idea about what to do with it. The Tennessean interviewed them both about this and many other subjects in their quest to fill the seat of Sen. Joe Haynes, who is retiring after 28 years.

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Campaign Against Florida Judges' Retention Heats Up

The conservative group Americans for Prosperity is set to run TV ads across Florida critical of three state Supreme Court justices up for retention election. The ads take aim at the justices’ joining a court ruling that removed from the ballot in 2010 a legislatively introduced measure intended to derail federal health care legislation. The Americans for Prosperity involvement follows the recent announcement of opposition from the Republican Party of Florida. Justice R. Fred Lewis, who is one of the justices targeted, told a bar group, “We cannot sacrifice fairness and impartiality and the court system to political whims." Gavel Grab has details

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