Banning DUI ads may be unconstitutional on 2 fronts

Nashville, TN

Rosalind Kurita said she’ll “have to find another way” to curtail drunk driving.

Sources close to Kurita said today that she plans to introduce legislation banning cars, roads, and gasoline...and that she is an idiot.

A bill banning certain advertisements by DUI defense lawyers may be unconstitutional on two separate fronts, the state’s attorney general has opined.

The bill in question has a provision sponsored by Sen. Rosalind Kurita (D-Clarksville) that explicitly prohibits attorneys from advertising that they specialized in DUI cases, from advertising a discounted rate for DUI defense, guaranteeing a certain judgment in the case or claiming that the attorney had more expertise than another on drunken driving defense.

Immediate constitutional issues were raised regarding Kurita’s amendment when she first introduced it last week, and an attorney general’s opinion was requested.

And in an April 29 opinion, state Attorney General Bob Cooper opined that Kurita’s amendment is “vulnerable to constitutional attack” on grounds it “violates the separation of powers doctrine.”

“The Tennessee Supreme Court has the inherent constitutional authority to regulate the courts and the attorneys who practice before them,” Cooper wrote. “(Kurita’s amendment) improperly attempts to exercise powers properly belonging to the Supreme Court.”

In addition, Cooper opined that Kurita’s amendment “raises significant First Amendment concerns.”

“DUI defendants have a substantial interest in learning as much as possible about the attorneys who will represent them,” the opinion states.

In response to the opinion, Kurita said she’ll “have to find another way” to curtail drunk driving.

Kurita sponsored the amendment because she said she was tired of seeing suspected drunk drivers not be convicted.

Kurita’s opponent in August’s Democratic primary, Tim Barnes, is an attorney whose practice area includes DUI defense.

 Subscribe to DWI News Links