The lack of attorneys available for appointed cases is contributing to the crisis in providing legal representation to indigent individuals in Tennessee. Under the current program, many attorneys cannot afford to take these cases due to low compensation and program constraints. The plan proposed by the Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court addresses these challenges in a few ways, including via the use of strategic compensation structures for employing and contracting with attorneys. The plan may use a combination of retainer, flat fee and hourly or other contracts, offering more competitive and predictable compensation. Among the advantages of this approach are the elimination of caps and the ability to use predictable and intermittent payment for attorneys. 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 a plan to develop a new structure for handling criminal conflicts and civil appointments for indigent clients. Under the plan, the Tennessee Supreme Court would establish an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” These entities would provide and manage appointed counsel for individuals who are constitutionally and statutorily entitled to representation. The office would manage an estimated 76,000 cases each year. In developing this plan, the Supreme Court and AOC consulted with legislative leadership and other stakeholders, and examined best practices from other jurisdictions. The Supreme Court and the TBA believe that this new structure will better address the impending crisis in the administration of justice in Tennessee and will also relieve trial judges of the burden of appointing attorneys on their own. Learn more about the plan and indigent representation in Tennessee. Watch for more details about the plan in a series of articles to run in TBA Today.

The Tennessee court system is facing a crisis in providing legal representation to indigent individuals who are constitutionally and statutorily entitled to legal counsel. The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a plan to help address the emergency and provide long-term stability through the development of a new structure for handling criminal conflicts and civil appointments for indigent clients. Specifically, the plan establishes an “Office of Indigent Conflicts and Civil Counsel,” with oversight by an “Indigent Representation Commission.” The plan highlights the anticipated outcomes, including an increase in the number of attorneys willing to accept appointments via the strategic use of retainers, flat fee and other types of contractual arrangements, and enhancing the quality of representation by providing training and mentorship for attorneys. The plan is structured to facilitate the work of the AOC, the courts, the district public defenders, the district attorneys general, and the private attorneys accepting appointments to be more efficient and effective as the need for indigent legal representation continues to grow. It also engages stakeholders in ongoing collaborations to improve function and accountability and prevent misuse of the system. The TBA has been working alongside the AOC to address this crisis and has key points for attorneys regarding the plan.

TBA's Day on the Hill and Big Shrimp Legislative Reception will be held in Nashville on March 19. 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. The TBA Day on the Hill will include an opportunity to meet with legislators in the afternoon, followed by the annual Big Shrimp reception that night. RSVP for these events here. 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.

TBA’s Legislative Updates podcast features attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams and Reese. In the most recent episode, they discuss key topics including Gov. Bill Lee's State of the State address, SB1052 and HB1355 on token financial support by a biological father, SB541/HB906 on claims of creditors filed against an estate, and SB540 and HB492 on custody determinations related to the failure to pay child support. Listeners can tune in on the TBA website at or directly through this link.

A bill introduced in the statehouse by Rep. Kelly Keisling, R-Byrdstown, and Sen. Becky Massey, R-Knoxville, would require changes to Tennessee’s gun surrender form, mandating that the name, address and signature of the recipient of dispossessed firearms be included. Currently, Tennessee is one of about a dozen states that allows individuals ordered to surrender their guns to give them to a third party, such as a friend or relative, without requiring the third party's identification in court. According to WPLN news, this lack of oversight has raised concerns, as people could claim to have surrendered their firearms while still retaining access to them. Tennessee consistently has one of the highest rates of women killed by men, and most of those homicides are committed with guns. The legislation was inspired by WPLN and ProPublica’s reporting in Scott County, which Keisling represents, where the local court system amended the state form to identify the third party in an effort to improve accountability.

Two Shelby County legislators have brought back a proposal to fund a new Shelby County jail by asking voters to hike the sales tax rate. Rep. John Gillespie, R-Memphis, and Sen. Raumesh Akbari, D-Memphis, proposed a bill that would allow Shelby County to ask voters whether to raise the local-option sales tax from 2.75% to 3.75%. According to The Daily Memphian, if the bill clears the Tennessee General Assembly, the tax increase would still require approval through a local referendum. While the bill does not explicitly name Shelby County, it applies to counties with populations exceeding 900,000, a threshold only Shelby County meets. Fiscal estimates attached to the bill project that the tax hike would generate more than $1.8 billion over nine fiscal years, with the revenue designated to retire debt from constructing a new jail. The bill was set to be heard by a Tennessee House committee today.

Two Tennessee mothers are urging lawmakers to increase oversight of juvenile detention centers, alleging their sons were subjected to prolonged solitary confinement and coerced into fighting by guards at the Richard L. Bean Juvenile Service Center. A 2023 WPLN and ProPublica investigation alleged the facility violated seclusion laws, a pattern also documented in other county-run juvenile centers across the state. Despite repeated violations cited by the Department of Children's Services (DCS), corrective action has been ineffective, and the Bean Center remains noncompliant with licensing standards, according to WPLN news. Last year, state Sen. Kerry Roberts, R-Springfield, introduced legislation to transfer oversight from DCS to a third-party entity, citing the need for greater transparency and accountability. The measure did not pass but was sent to a summer study committee.

A bipartisan bill in the state legislature aims to make it easier for Tennesseans convicted of crimes to present new evidence of their innocence in court, the Nashville Banner reports. The proposed reform, backed by the Tennessee Innocence Project, is sponsored by Rep. Bob Freeman, D-Nashville, and Sen. Todd Gardenhire, R-Chattanooga. The HB601/SB256 seeks to expand and simplify access to court for convicted individuals and prosecutors who have often struggled to get a hearing on compelling new evidence. It would close the gap between the treatment of scientific and non-scientific evidence and establish a process for district attorneys to present courts with new evidence of a wrongful conviction. Under current law, prosecutors are obligated to act on such evidence but have "little way to do so," the bill sponsors argue.

As the Tennessee's 114th General Assembly continues work, there are multiple ways to connect with the TBA's Government Affairs team, learn more and get involved with advocacy work, including working for increased resources for indigent representation. Plan to participate in TBA's Day on the Hill and Big Shrimp Legislative Reception, to be held March 19 in Nashville. The events give Tennessee lawyers an opportunity to meet with legislators and talk to them about issues important to the profession. Watch for more information coming soon. Also, complete this form to connect with TBA's grassroots efforts, including upcoming opportunities to advocate.