The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court addresses a number of challenges in the current system. This includes using strategic compensation structures for employing and contracting with attorneys. Under the plan, the “Indigent Representation Commission" may use a combination of retainer, flat fee and hourly or other contracts, offering lawyers more competitive and predictable compensation. Among the advantages of this approach are the elimination of caps and the implementation of intermittent payments. Learn more about the plan and indigent representation in Tennessee.

A bill from Majority Leader William Lamberth, R-Portland, that would allow school districts to deny education to undocumented children advanced in the House K-12 Subcommittee earlier this month, the Tennessean reports. Educators and students testified against the HB793, noting that immigrant families regardless of status contribute to schools through sales and property taxes. Supporters of the bill argue that school districts should have the ability to deny students due to the cost of educating them, specifically citing expenses for English as a Second Language instruction. In the Senate, Sen. Bo Watson, R-Watson's amended bill, SB836, passed the Education Committee in a 5-4 vote. That version of the bill allows schools to require tuition rather than outright blocking enrollment, but it also would institute broad new requirements on schools to document immigration status. The Senate bill is scheduled to be considered by the Senate Finance Ways and Means Committee next week, while the House bill will be before the House Education Committee tomorrow.

In this month's episode of BarBuzz, TBA Executive Director Sheree Wright speaks with Liz Todaro, TBA 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, a key issue shaping legal access in Tennessee. The group also talks about the importance of TBA's Day on the Hill and Big Shrimp Legislative Reception, two events that connect legal professionals with lawmakers to advocate for issues such as indigent defense funding. TBA’s 2025 Day on the Hill and Big Shrimp Reception will take place next week in Nashville. Register for the day's events on the TBA website or get more information about indigent defense in Tennessee. Find past episodes of the podcast in the BarBuzz archive.

The Voyeurism Victims Act unanimously passed the House 93-0 on Monday and now will go to Gov. Bill Lee's desk for his signature. Matthew Vollmer was arrested in November and charged with illegally recording sexual encounters with four women without their consent. The women banded together to push for legislation to change the statute of limitations for bringing a lawsuit to one year past the date of discovery, rather than the date of the original crime, giving victims more time to pursue justice. The bill also will allow victims of unlawful photography to petition for an order of protection. The Tennessean reports that the legislation will not apply retroactively, but the women in the case say they want to change the law to help future victims of similar crimes. The Senate passed the bill March 3 in a 32-0 vote.

The Tennessee House of Representatives on Monday passed a bill that would eliminate race-based policies like affirmative action, racial preferences and racial quotas from being used when making appointments to state boards, including specifically removing rules requiring the governor to strive to ensure at least one person on certain state boards is a member of a racial minority, reports the Nashville Post. Lead sponsor Rep. Jason Zachary, R-Knoxville, says the purpose of HB1237/SB1235 is to align the state with a 2023 Supreme Court ruling that found such race-based programs violate the equal protection clause of the 14th Amendment. Opponents of the bill expressed concern over the potential for disparities in certain appointed boards or committees, and pointed out that affirmative action policies are not meant to give members of minority groups an unfair advantage. Senate sponsor, Sen. Paul Rose, R-Covington, asked the Senate Judiciary Committee to move the bill to next week’s calendar.

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is designed not only to ensure that the state meets its obligations under the law, but also provides for a phased implementation to strategically address the special needs of some communities and case types. During last year's effort to increase the compensation rate for appointed attorneys, the AOC was encouraged to consider alternatives, including ones that would better address the needs of smaller and rural communities. This proposal seeks to respond to those concerns by providing flexibility and stability to focus on building capacity in those areas, as well as for contracts that require tailored solutions such as those for complex cases. The proposed plan requires a recurring appropriation of $17 million, and over time, the dollars used to pay today’s claims would be used to expand contracting options. Learn more about the plan and indigent representation in Tennessee.

It's not too late to register for TBA's Day on the Hill and Big Shrimp Legislative Reception, which will be held in Nashville on March 19. Lawyers will meet with legislators in the afternoon, followed by the annual Big Shrimp Reception that night. The events give Tennessee lawyers an opportunity to meet with legislators and talk to them about issues important to the profession, including funding for indigent representation. RSVP here! Those who register to attend will be invited to join a preview call this Wednesday at 4:30 p.m. CDT. Those who register after Wednesday will have access to a recording of the call so they can make the most of the legislative visits. Learn more about the need for increased indigent representation funding or read about how the system works in Tennessee in posts from the TBA's recent Indigent Representation Primer.

Tennessee schools could be allowed to deny enrollment or charge tuition based on citizenship status under a bill advancing in the statehouse. SB836 passed the Senate Education Committee 5-4 last week, setting up a challenge to a 1982 U.S. Supreme Court decision that established the right to education for students regardless of immigration status. The House bill, HB793, sponsored by Rep. William Lamberth, R-Portland, is scheduled to be heard in the K-12 Subcommittee tomorrow. Sen. Bo Watson, R-Hixon, a sponsor of the bill, said he proposed the legislation in response to a now-rescinded resolution from the Rutherford County School Board that a surge in students needing English language courses had placed a financial strain on the district. Leaders in the state House have said that the long-term goal of the proposed law is to reverse the high court's 1982 ruling, according to WPLN News. An amendment added to the bill during Senate committee consideration would require schools to verify a student’s legal status before enrollment. Sen. Raumesh Akbari, D-Memphis, opposed the measure, saying the administrative cost of verifying students’ legal statuses, along with the cost of defending lawsuits against the state, exceeds the cost of educating undocumented children.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed the development of a new structure for handling civil appointments for indigents as well as criminal conflicts. Under the plan, the Tennessee Supreme Court would establish the “Indigent Representation Commission.” This commission would provide oversight and management for the indigent representation system, including the proposed "Office of Indigent Conflicts and Civil Counsel." The commission would be governed by Tennessee Supreme Court Rule, like existing supreme court boards and commissions, and would manage indigent representation tasks presently handled largely by the courts. The commission also would work closely with other stakeholders to review and implement policies to improve the system. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed the development of a new structure for handling civil appointments for indigents and to handle criminal conflicts. Under the plan, the Tennessee Supreme Court would establish an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The office would manage an estimated 76,000 cases each year, employing one statewide executive director and three attorneys — one in each grand division — as well as up to two full time or four part time attorneys who will all maintain their own caseloads. The office will implement strategic compensation structures using a combination of retainer, flat fee and hourly contracts, offering more competitive, predictable and intermittent compensation for attorneys who take appointed cases. The Supreme Court and the TBA believe that this new structure will better address the impending crisis in the administration of justice in Tennessee. Learn more about the plan and indigent representation in Tennessee and watch for our ongoing coverage of this issue.