Panel advances bill to align state law with federal interlocutory appeals for AG

House Bill 17‑91, introduced on behalf of the attorney general, was advanced to the full Judiciary Committee after debate over whether it simply aligns state law with existing federal interlocutory-appeal procedure or instead grants the attorney general an exceptional procedural advantage.

Sponsor (Chairman Zachary) told the subcommittee the measure "simply aligns state code with federal code allowing the state to appeal" interlocutory orders to the Tennessee Court of Appeals. He said the statute covers appeals of orders that grant or refuse to dissolve an injunction, deny sovereign or qualified immunity, or deny a state's motion to dismiss in constitutional challenges.

Representative Johnson challenged that description, arguing the bill "would give the attorney general special automatic appeal rights only available to the state" and warned it could create a "two‑tier justice system" that allows repeated appeals before discovery or merits are addressed. Johnson asked why the bill would remove existing judicial discretion on such appeals.

Chairman Zachary and other sponsors responded that the process "has to be heard by the Tennessee Court of Appeals" and that the change is intended to mirror federal procedure rather than create a novel privilege. After members discussed the scope and timing of interlocutory appeals, the committee voted to send the bill to full judiciary by a roll call of 7 ayes, 1 no.

The committee did not adopt additional amendments during the hearing. The next procedural step is consideration by the full Judiciary Committee.