TBA Law Blog


Posted by: Liz Slagle Todaro on Jan 22, 2025

TBA's Indigent Representation Primer series recently featured an item that looks at the right to counsel for indigent parties in criminal cases, including factors that courts may consider in determining to appoint an attorney for a defendant. Procedures for appointing counsel may vary by court, but typically function through a combination of public defender offices and court-appointed private attorneys. Tennessee's state constitution and state law align with the Sixth Amendment and federal rulings that guarantee indigent defendants receive legal representation in criminal cases where they are facing incarceration. There are other situations where the right to appointed counsel may be guaranteed, including cases involving juveniles, some immigration cases and both trial and appeals for individuals facing the death penalty.