This week's TBA Legislative Updates podcast features TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley and Ashley Harbin of Adams and Reese. This week, they discuss several key bills, including SB1052/HB1355, which amends Tenn. Code Ann. §36-1-102(45)(B) to clarify that a biological father who only provides token support does not qualify as a putative father; SB540/HB492, addressing custody determinations and failure to pay child support; SB541/HB906, related to the TBA probate study group’s legislation; SB394/HB569, regarding the selection of a settlement agent in real property transactions; and SB943/HB1255, which focuses on continuing education for judges handling child custody cases. The podcast also covers the Tennessee Administrative Office of the Courts' (AOC) plan for indigent representation on behalf of the Tennessee Supreme Court. Watch Director Michelle Long present the AOC’s budget request, including funding for a new Office of Indigent Conflicts and Civil Counsel, which would oversee the state’s indigent representation system. Her testimony begins at 1:31:04. Listeners can tune in to the podcast on the TBA website or directly through this link.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to address the growing crisis in providing legal representation to indigent individuals in Tennessee. Under the current program, many attorneys cannot afford to take appointed cases due to low compensation and program constraints. Among the innovative elements of the plan is a proposal to utilize strategic and flexible contracting with attorneys. Contracts with attorneys would use a combination of retainer, flat fee and hourly or other contracts and would be tailored to fit the qualifications of the attorney, the complexity of the case type and the particular needs of the judicial district. In addition, attorneys would have options to contract to provide this representation for a percentage of their time, allowing appointed cases to be balanced with other clients. 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) appeared before the state Senate Judiciary Committee for its regular budget review. Director Michelle Long presented the AOC’s budget request, including funding for a new Office of Indigent Conflicts and Civil Counsel, which would assume responsibility for managing the state’s indigent representation system. At press time, the group was still answering lawmakers’ questions about the proposed plan. Watch for a full report from the committee proceeding in tomorrow’s issue of TBA Today. To learn more about the state’s current crisis in providing legal representation to indigent individuals, and how the AOC’s plan seeks to address the situation, review the TBA’s indigent representation primer posts and past coverage of the AOC’s plan.

The indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is expected to provide a range of benefits. These include increasing the number of attorneys willing to accept appointments, enhancing the quality of representation with training and mentorship opportunities, focusing on complex cases and smaller rural communities to build capacity, and eliminating the need for judges to find attorneys to take cases. The plan also is expected to lead to more timely representation and better outcomes for children needing guardian ad litem services, and a smoother process in adoption cases. In addition, it will assist in the proper determination of indigency by developing processes and safeguards to protect against misuse. The TBA applauds the collaborative efforts of the Supreme Court, the AOC and stakeholders in developing and advocating for a new plan moving forward. Learn more about the plan and indigent representation in Tennessee.

Funding for domestic violence and sexual assault centers has been dropping off in recent years and now is facing greater uncertainty, WPLN reports. Advocates tell the station they fear the current situation could have devastating consequences for crime victims if services like court advocacy, emergency shelter hotlines, rape crisis counseling and sexual assault exams are more limited or eliminated altogether. Advocates had hoped to see additional funding in the governor’s budget. Now more than 100 nonprofits have signed a letter asking the legislature to dedicate $25 million annually to victim services.

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 others requiring tailored solutions, such as 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. Watch for more details about the plan in upcoming issues of TBA Today.

Both the state House and Senate Judiciary Committees have passed measures that would amend the state constitution to expand the list of crimes for which judges have discretion to deny bail, the Tennessee Journal reports. Under current law, judges have authority only to decline bail in capital offenses. SJR25, introduced by Sen. Jack Johnson, R-Franklin, passed the Senate Judiciary Committee on Feb. 25, while HJR49, introduced by House Speaker Cameron Sexton, R-Crossville, passed the House Judiciary Committee on Feb. 26. The proposal would allow judges to deny bail on 24 new offenses, mainly violent ones in which 100% of sentences must be served, and another 16 offenses in which 85% of the sentence is mandatory. If considered by the full chambers, the resolutions would have to pass by a constitutional majority in this General Assembly and a two-thirds vote in the 114th General Assembly before being placed on the next gubernatorial ballot. To be adopted by voters, the proposal would have to win a majority of those voting in the governor’s election. According to the Times Free Press, Senate Judiciary Chair Todd Gardenhire, R-Chattanooga, opposes the measure, saying it will pack county jails and put local governments in a financial bind.

The Tennessee court system continues to face challenges providing legal representation to individuals who are guaranteed counsel. Currently, the responsibility to secure counsel for indigent clients in many cases falls to judges. A benefit of the indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court is eliminating the use of court time to appoint attorneys in these cases. Under the proposal, judges would be able to rely on the proposed "Office of Indigent Conflicts and Civil Counsel," which would assume responsibility for providing lawyers for indigent representation in child welfare cases and criminal cases when the public defender has a conflict. Attorneys who wish to take these cases would work with the office to secure appointments. This shift eliminates any potential or perceived conflicts by removing judges from the task of appointing counsel. Also, the proposed "Indigent Representation Commission" would be charged with reviewing, developing and, where possible, implementing procedures to improve accountability and prevent misuse of 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.

A significant aspect of the indigent representation proposal from the Tennessee Administrative Office of the Courts (AOC), on behalf of the Tennessee Supreme Court, is the establishment of an “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 with 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 court system continues to navigate difficulties providing legal representation to indigent individuals who are guaranteed counsel. The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to address these challenges. Among the innovative elements of the plan is a proposal to utilize strategic and flexible contracting with attorneys. Contracts with attorneys would be tailored to fit the qualifications of the attorney, the complexity of the case type and the particular needs of the judicial district. In addition, attorneys would have options like committing to indigent representation for a percentage of their time, allowing appointed cases to be balanced with other clients. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in upcoming issues of TBA Today.