TBA Law Blog


Posted by: Barry Kolar on Mar 27, 2020

The Tennessee Supreme Court today acted to help ease economic pressures on Tennessee attorneys appointed to provide counsel for indigent defendants. Specifically, the order increases the maximum dollar amount of claims that are exempt from judicial review in the ACAP system for court-appointed counsel. Court officials also outlined other steps attorneys could take to speed payments.

“We appreciate the AOC’s responsiveness to concerns of court appointed counsel and the recent steps to helping those hardworking lawyers receive proper compensation on an expedited basis,” TBA President Sarah Sheppeard said. A number of Tennessee lawyers have signed or sent letters requesting emergency action on interim billing so that attorneys who normally are paid at the end of a matter could have some financial relief during this current public health crisis. The TBA and AOC have been in talks daily about how to help attorneys during this time, and Sheppeard said, "We will continue to advocate for even more efficiencies and will determine the need for additional recommendations and filings in light of the Court’s order today."

“We understand that the Tennessee Supreme Court has been working diligently during this difficult time to issue Orders relevant to the current public health crisis and the continuation of the administration of justice in this state,” Sheppeard said. “The relaxation of in-person CLE requirements, directives to slow the spread of COVID-19 in jails and prisons, permitting declarations under penalty of perjury in lieu of a notary in court filings — in addition to several other orders — will go a long way to assist lawyers and their clients in staying safe while also upholding necessary obligations under the law.”

“I thank Chief Justice Bivins, the Tennessee Supreme Court and the AOC for their continued attention to this work and for adopting so many of the actions requested by our members as they navigate the next few months.”