New legislation was introduced Wednesday during the Tennessee General Assembly special session by Speaker of the Tennessee House Cameron Sexton that focuses on District Attorneys that do not enforce laws.
Sexton’s proposal, HB9071, allows the attorney general petition the court for appointment of a temporary district attorney if a district attorney refuses to prosecute “all instances of a criminal offense without regard to facts or circumstances.” Furthermore, the bill would require the court to appoint a temporary district attorney if the court finds the current district attorney has refused prosecute according to law.
One of the district attorneys that this could affect is Nashville District Attorney Glenn Funk.
Funk has been added to a growing group of progressive prosecutors that will not enforce some Republican-backed laws, saying that the people of Nashville “really want a common-sense approach to the criminal justice system that keeps us safe and does not incarcerate folks without good reason.”
In July 2020, Funk announced his office will no longer prosecute citizens after Republican lawmakers in Tennessee blocked a policy to ease up on low-level drug possession cases involving less than a half-ounce of marijuana. The current Tennessee law states that possession of a half-ounce of marijuana or less is a misdemeanor punishable by up to one year in jail and a $2,500 fine.
The Nashville D.A. most recently refused to enforce a prohibition of mask mandates in Tennessee public schools. Despite the newly-signed order – the violation of which could result to up to a year of jail time – Funk reassured a Metro Nashville school board member that “[he] will not prosecute school officials or teachers for keeping children safe.”
As of now, Sexton’s bill has been recommended to be passed within the Tennessee General Assembly; as has Tennessee Senate Speaker Randy McNally’s companion version in the State Senate.
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Morgan Nicole Veysey is a reporter for The Tennessee Star and The Star News Network. Follow her on Twitter. Email tips to [email protected].
I am all for this legislation…. but I thought that the special session was restricted to COVID related items. I guess that the rules change to suit the head honchos. Just like dumping the individual submissions by ALL legislators with their handy-dandy omnibus bill. These guys are totally out of control and need to be replaced.
Maybe their loyalty is more to Federal authority than to rogue State of Tennessee authority.
Government can neither be trusted nor depended on to defend or support “We the People”. It is up to us. All of us who are done with wokeism , COVID shots , mask mandates, Mr. Potato Head , and all of the leftist agendas are having to defend ourselves without help from the Swamp.
This is good legislation! If elected leaders do not want to follow state law they should be substituted/ removed from office! The Davidson County DA, is acting like big city liberals like New York City and Los Angeles! Thank God we live in a state with common sense legislators! McNally should consider stepping down as it is time for new more conservative leadership in the Tennessee senate! McNally I hope will agree to break up Davidson county in the 5th congressional district.
What if the state passed laws you disliked and prevented you from being able to repeal them? Perhaps that would make you change your mind.
DAs are NOT kings!