Tennessee lawmakers voted to advance a bill Wednesday that would allow public schools to check students' immigration status and charge tuition to students who cannot provide proof that they are in the country legally. According to Chalkbeat Tennessee, the House Education Committee voted 11-7 to clear the bill, bringing it a step closer to a floor vote. The language of the bill also changed to align more with its companion bill in the Senate. If passed, the legislation would give public schools and public charter schools the option to ask students for documents showing they are U.S. citizens, legal residents or in the process of obtaining citizenship. If a student cannot provide this documentation, the districts could charge the family tuition for enrollment. A Senate version of the bill is scheduled to be heard tomorrow in the Senate Finance, Ways, and Means Committee.

In this month's episode of BarBuzz, TBA Executive Director Sheree Wright speaks with Liz Todaro, TBA's director of access to justice and special projects, and John Farringer, a commercial litigator with Sherrard Roe Voigt & Harbison and TBA’s incoming president for the 2027-2028 bar year. The discussion focuses on the Administrative Office of the Courts’ plan for funding indigent representation. Get more information about indigent defense in Tennessee. Find past episodes of the podcast in the BarBuzz archive.

Following the Lee administration's release of its amended budget, which includes funding for the new plan for indigent representation in Tennessee, the General Assembly now will move forward with House and Senate consideration. The amended budget, introduced as HB1409/SB1431, has been referred to the House Finance, Ways and Means Subcommittee and the Senate Finance, Ways and Means Committee. In the House, the subcommittee must first consider the bill before sending it to the full Finance, Ways and Means Committee and then on to the floor. In the Senate, the committee must consider the bill before forwarding it the floor. Amendments at each step of the process may be introduced. The legislature’s one constitutionally required charge is to pass a balanced budget, which is one of the last things it will do before adjourning for the year. Learn more about the plan and indigent representation in Tennessee.

Following the Lee administration's release of its amended budget, which includes funding for the new plan for indigent representation in Tennessee, the TBA will continue to work closely with the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts (AOC) on the new plan, including tracking its progress through the legislative process. The TBA is grateful for the support and advocacy of the legal community on this issue, and encourages lawyers to stay up to date on the work of TBA's Government Affairs team and share their own experiences with the indigent representation system. Learn more about the plan and indigent representation in Tennessee.

On Tuesday, Lee administration released its proposed budget amendment for FY 2025-2026, which includes an additional $17 million to fund the new plan for indigent representation in Tennessee. The TBA has worked closely with the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts (AOC) on securing funding for the new plan, and this issue was the top priority last week during attorneys’ meetings with legislators during TBA’s Day on the Hill.

TBA President Ed Lanquist Jr. reacted to the development saying, “The TBA applauds Gov. Bill Lee and his administration for prioritizing indigent representation by funding the AOC’s Indigent Representation Plan. I believe the AOC’s new and innovative plan will address the current shortage of attorneys willing to accept appointments to represent the indigent, by establishing more competitive and predictable attorney compensation structures. The TBA is especially grateful to Chief Justice Holly Kirby, the Tennessee Supreme Court and the Administrative Office of the Courts for their leadership and partnership in helping spotlight this critical issue, and we look forward to working with them and the Tennessee General Assembly to ensure this funding is in the final budget passed by the legislature.”

The budget process in Tennessee is a three part process: (1) in early February, the governor unveils his initial proposed budget in conjunction with the State of the State Address; (2) in late March/early April, the administration unveils a budget amendment, which compliments and makes adjustments to the initial budget; and (3) the Tennessee General Assembly works with the administration to finalize the budget, which must pass the House and Senate before they adjourn for the year. The TBA will continue working to ensure the new plan is funded. Learn more about the plan and indigent representation in Tennessee.

A bill seeking to make deceased school shooters’ juvenile records public passed the state House with bipartisan support on Monday, following the deadly shooting at Antioch High School earlier this year. State law currently mandates that juvenile law enforcement and court records remain confidential. According to Knox News, the House amended SB992 — which originally required juvenile court records to be managed by one central system — to require the unsealing of court proceedings, mental health issues and interactions with the Department of Children’s Services if a minor commits a school shooting and dies. House Majority Leader William Lamberth, R-Portland, said the amendment aims to better equip policymakers to prevent similar attacks. “Once this is public, everyone will know exactly what that history was, and we all can have a conversation on how to make sure that this never happens again,” he said. The bill now will have to go back to the Senate for reconsideration.

The Tennessee General Assembly has confirmed Judge Valerie L. Smith and Judge Steven W. Sword to their respective appellate courts. Both were appointed by Gov. Bill Lee on Feb. 28. Smith will join the Tennessee Court of Appeals, Western Division, to fill a vacancy left by the retirement of Judge Arnold B. Goldin. She previously served as a circuit court judge for the 30th Judicial District and worked as an attorney at Nahon, Saharovich & Trotz and the Shelby County District Attorney’s Office. She received her law degree from the University of Memphis. Sword was confirmed to the Court of Criminal Appeals, Eastern Division, to fill a vacancy created by the death of Judge James C. Witt Jr. Sword served as a Knox County criminal court judge since 2011, and was an assistant district attorney for 15 years. He is also a judge advocate general in the U.S. Army Reserves. Sword received his law degree from the University of Tennessee School of Law.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is whether attorneys currently taking appointed cases will be able to continue to do so under the new structure. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained that the plan assumes that all those currently taking cases will continue to do so. This proposal in no way is intended to exclude anyone. While the process for appointment will be different, the goal is to maintain the current roster of attorneys while also expanding the pool of available lawyers. AOC staff indicated they have been encouraged by interactions with lawyers who previously stopped accepting appointed cases but are interested in getting involved again. They also believe the new structure will be appealing to new lawyers and those interested in practicing in rural areas since the contract model will provide a “book of business” and more steady income. Watch the full interview or learn more about the plan and indigent representation in Tennessee.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is how the current regulatory structure will change if the plan is enacted. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained that Tennessee Supreme Court Rule 13 will be amended to create the “Office of Indigent Conflicts and Civil Counsel” and the “Indigent Representation Commission,” which will oversee the office, as well as set out the details for their operations. The office is expected to employ one statewide executive director and three attorneys — one in each grand division — to manage the assignment of cases. No changes will be made to statutory language that sets out the qualifications for receiving free counsel, but the plan will put in place safeguards to ensure determinations of indigency meet that criteria. Watch the full interview or learn more about the plan and indigent representation in Tennessee.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is how the practice of law will change if the plan is enacted. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained that the new system should improve administrative processes for those who take appointed civil cases. Lawyers no longer will have to apply for reimbursement through the ACAP system and will not be subject to caps. Flat fees for misdemeanor cases will be paid out quicker and with less paperwork. And while there will be some reporting requirements, they will not be as onerous as required under the current system. Those who currently have hourly contracts for capital cases will not see any real changes as they already enjoy many of the benefits provided by the new plan. Watch the full interview or learn more about the plan and indigent representation in Tennessee.