Feb. 17, 2005

Big Shrimp draws record numbers to Bar Center
Thanks to a strong show of support from TBA members across the state, the annual Big Shrimp legislative reception was a huge success.

The attendance record was one sign of success, but the greater good was the opportunity the event provided for legislators to meet with their lawyer/constituents from across the state. Also in attendance at this year’s Big Shrimp reception were members of the 2005 TBA Leadership Law class.

The group had spent the day in and around the capitol as part of a program on Issues in Policy and Politics. Among those addressing the group were Lt. Gov. John Wilder, House Minority Leader Kim McMillan, Attorney General Paul Summers and Senate Judiciary Chair Curtis Person.

Photos from the Big Shrimp reception are available on TBALink.

Action starts to pick up in committees
While most House and Senate committees had short calendars this week, the Senate Judiciary Committee already was hard at work, with 27 bills on its calendar. In coming weeks other committees will be seeing additional action as well, as today is the final cutoff for introduction of normal legislation that can be heard in this session. Observers are anticipating a very large number of bills will be filed before the close of business today. As the legislative drafting service works its way through these measures, the TBA will report on those of interest to the Tennessee legal community.

Divorce and custody
Of bills that have already been filed, several are of interest to Tennessee lawyers, including a number that, in one form or another, would establish a presumption that both parents after a divorce should have equal time with their children. Similar bills have been before the General Assembly the past few years. The TBA believes that even King Solomon would have difficulty splitting the child’s time in equal parts if the parents don’t live in the same area or school zone.

Tort revision
Another area of concern involves revisions to our liability law under the rubric of “tort reform.” A substantial number of bills have been introduced that would cap non-economic damages and require payment of at least a certain percentage of proceeds of class action law suits to members of the plaintiff class, irrespective of the cost of bring a suit to trial.

The TBA is concerned that artificially capping damages will injure people who have been hurt through negligence or intentional action. It also believes that measures attempting to diminish attorney compensation will reduce an injured party’s ability to secure adequate representation.

The Tennessee Plan
The annual attempt to require Supreme Court and other appellate court judges to run in a contested election, as noted last week, continues unabated. A number of bills have been introduced calling for and end to merit selection and retention of appellate judges and the abolition of the Tennessee Plan. The TBA is on record as supporting the Tennessee Plan.

Licensure of process servers
One bill has been introduced that would set up a licensure program for process servers, requiring extensive continuing education, payment of fees and regulation. The TBA has opposed such measures in the past, believing that the current system is working well and that artificial attempts to raise barriers to entry and restrict who can serve process will simply increase costs and not benefit the public.

TBA bills
The bills making up the TBA’s main legislative package for 2005 are all still awaiting committee action. The package includes:
• A bill that will modernize and update various sections of estate and probate law is being sponsored by Sen. David Fowler, R-Signal Mountain, and Rep. Joe Fowlkes, D-Cornersville. The proposal was developed by the Tennessee Probate Study Group.
• A bill that revamps the 10-year-old Limited Liability Company Act to make LLC’s easier to form and administer is being sponsored by Sen. Joe Haynes, D-Nashville, and Rep. Kim McMillan, D-Clarksville.
• A bill that will make possible a complete revision of the statute on alimony and child support is being sponsored by Rep. McMillan in the House and by Sen. Doug Henry, D-Nashville, in the Senate. This new measure will allow further refinement of the child support language to eliminate archaic provisions and outmoded terminology.

Keep up-to-date on legislation of interest
The TBA bill tracking service lets you read abstracts of bills, check their status in both houses, find out who is sponsoring them and link to full versions of the legislation.

TBA Watch List Monitor close to 300 bills and resolutions of interest to the Tennessee legal community.

TBA Action List Monitor legislation in which the TBA has an interest of record — bills the TBA initiated, bills on which the TBA has taken a position or bills on which the TBA has policy.

Questions, comments? Contact TBA Legislative Counsel Steve Cobb at scobb@tnbar.org or TBA Executive Director Allan F. Ramsaur at aramsaur@tnbar.org