GOP bill would give Tennessee AG power to prosecute criminal cases

A man scrubs graffiti off of a building following protests in downtown Nashville on June 1, 2020. (Erik Schelzig, Tennessee Journal)\

Among the bills proposed for next week’s special legislative session is a measure to for the first time give the state attorney general the power to prosecute criminal cases. The bill sponsored by House Majority Leader William Lamberth (R-Portland) is aimed at giving the AG jurisdiction over cases related to protests.

Under longtime practice in Tennessee, popularly elected district attorneys general have authority over all criminal prosecutions, while the state attorney general, who is appointed by the state Supreme Court, can file civil lawsuits and is responsible for defending the state in criminal appeals.

Under new legislation, if the AG decides to bring criminal charges related to protests, the office would have “the authority to exercise all of the powers and perform all of the duties before any court or grand jury with respect to such prosecution that the appropriate district attorney general would otherwise be authorized or required by law to exercise or perform.”

The bill also seeks to require local prosecutors to “fully cooperate” with the AG in any from requested.

The bill would take effect on Oct. 1.

UPDATE 1: To say not everyone is impressed would be an understatement.

This looks like some unconstitutional garbage. The TN Constitution is explicit that criminal prosecutions must be by locally-elected prosecutors. If local prosecutor refuses, the court can appoint attorney pro tempore. The AG has no constitutional authority to intervene. 1/ https://t.co/N6lai5mLZH

— Jeff Yarbro (@yarbro) August 8, 2020

UPDATE 2: Word emanating from the corridors of power is that this is a caption bill — in other words one containing placeholder language until the final version can be put together. Whether that was the original intent or in response to criticism is not immediately clear.