The Division of State Audit in the Office of the Comptroller of the Treasury on Sept. 5 issued its performance audit report of the Tennessee Court System, which evaluated the "effectiveness and efficiency" of the current system of indigent representation, as well as other court programs. The audit recognized that Tennessee, "like many other states," continues to face obstacles, and recommended that the Administrative Office of the Courts (AOC) "continue to work with the Supreme Court, the governor and the state legislature to ensure all citizens are afforded their constitutional or statutory right to legal counsel."

The audit assessed selected court programs' performance between June 1, 2017, and May 31, 2023, and included a survey of attorneys and judges as well as review of outcome and financial records. The comptroller reports that the "overwhelming responses from both judges and private attorneys" indicated that "many attorneys cannot afford to take indigent cases," and "the court system is struggling to find enough attorneys." This "lack of capacity" to meet the need for appointed counsel for clients under Tennessee Supreme Court Rules 13, 40 and 40A causes delays in the system, and even those attorneys still willing to take cases are "spread thin."

The report recognized that the AOC has consistently requested an increase in appropriations for indigent representation, and this year received funding from the General Assembly that allowed the hourly rates to be increased by $10. The TBA has consistently supported increased funding for the indigent representation system and remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work. To learn more about this issue and advocacy efforts on behalf of Tennessee lawyers, read the TBA's statement about the funding added in the state’s latest budget or visit the TBA’s Indigent Representation Resources webpage.