TBA’s Legislative Updates weekly podcast is now available. Join TBA attorneys and lobbyists Brad Lampley and Ashley Harbin with Adams and Reese as they provide an update on indigent representation funding; the TBA's adoption birth certificate bill, HB2645/SB2632, and adoption clean-up bill, HB2644/SB2633; what to expect next week; and the upcoming adjournment. Legislative Updates airs each week the legislature is in session on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

The TBA has released a statement on the General Assembly’s recent approval of additional funding to increase the hourly rate for court-appointed attorneys representing the indigent. The funding, included in the budget for Fiscal Year 2024-2025, will raise the reimbursement rate by $10 an hour to $60 an hour, as well as the corresponding caps. TBA President Jim Barry thanked the General Assembly for making indigent representation funding a priority, as well as Chief Justice Holly Kirby, the Tennessee Supreme Court and the Administrative Office of the Courts (AOC) for their leadership and partnership in helping spotlight this critical issue. The TBA had supported the AOC's budget request of $26.145 million, which would have raised the hourly rate to $80. It remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work. Read the TBA’s full statement. To learn more about this issue and advocacy efforts on behalf of Tennessee lawyers, visit the TBA’s Indigent Representation Resources webpage. In related news, a story in yesterday’s TBA Today incorrectly stated that the hourly is rate is set by statute. In fact, it is set by the Tennessee Supreme Court through Rule 13. Any proposed rate increase then must be funded by the General Assembly.

The Tennessee House and Senate both passed the budget for Fiscal Years 2024 and 2025 today. HB2973/SB2942 includes $8.6 million in additional recurring funding to increase the hourly rate for court-appointed attorneys representing the indigent. The funding, which was added by the House and Senate Finance committees earlier this week, will raise the rate by $10 an hour to $60 an hour. The appropriation will mark the first time the rate has been increased since 1997. The TBA remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work.

The Tennessee Supreme Court has issued notice that the state Senate and House have ratified amendments to the Tennessee Rules of Civil Procedure and Tennessee Rules of Appellate Procedure. The amendments will take effect on July 1.

The Tennessee House and Senate Finance committees have passed the FY2024/25 budget, HB2973/SB2942, which includes $8.6 million in additional recurring funding to increase the hourly rate an additional $10 an hour for court-appointed attorneys representing the indigent. Tennessee’s court-appointed attorneys, who represent indigent citizens who are statutorily and constitutionally entitled to legal counsel, are the lowest paid in the country, and have not had their hourly reimbursement rate raised in 26 years. The TBA has worked hand in hand with the Supreme Court and the Administrative Office of the Courts to encourage the General Assembly to fairly compensate attorneys representing the indigent. During the House Finance, Ways and Means Subcommittee meeting, House Finance Committee Chair Patsy Hazlewood, R-Signal Mountain, stated, “This is a start. It’s not market compensation, but it will allow us, hopefully, to address a problem. It’s very difficult for judges to find attorneys to take these indigent cases, so with additional funding, hopefully we will be able to get more cases through our system and stop the roadblocks.” The next step for the budget is passage by the House and Senate before they adjourn next week.

The Tennessee State Legislature on Monday unanimously passed a bill that would involuntarily commit certain criminal defendants for inpatient treatment and temporarily remove their gun rights if they are ruled incompetent to stand trial due to intellectual disability or mental illness. Named for Belmont University student Jillian Ludwig, who was killed in November after she was hit by a stray bullet while walking near campus in Nashville, "Jillian's Law" requirements would kick in for defendants charged with felonies or class A misdemeanors. The Associated Press reports that the person would remain committed until they are deemed competent to stand trial, or until the court approves a mandatory outpatient treatment plan that accounts for the community’s safety. The bill now heads to Gov. Bill Lee.

State Rep. Mary Littleton, R-Dickson, chair of the House Children and Family Affairs Subcommittee, and Sen. Ed Jackson, R-Jackson, chair of the Senate Calendar Committee, are pushing legislation to create a Juvenile Justice Review Commission under the Department of Children’s Services (DCS) and the Tennessee Commission on Children and Youth (TCCY) to study the state’s juvenile justice system and make legislative recommendations to the General Assembly. The bill, HB1103/SB0609, is pending in both the House and Senate Finance committees. The Post Local News has more on the proposal.

TBA’s Legislative Updates podcast is new this week with TBA attorneys and lobbyists, Berkley Schwarz with Pier Strategies LLC, and Brad Lampley and Ashley Harbin with Adams and Reese. This week they discuss the finalizing of this year's fiscal budget, HB2973/SB2942; the TBA conservatorship bill, HB2710/SB2254; adoption birth certificate bill, HB2645/SB2632; and adoption clean-up bill, HB2644/SB2633. The group also foreshadows budget negotiations set to happen this weekend, House and Senate Finance committee meetings likely to take place next week, and possible adjournment the week of April 22. The group is continuing to track any movement on increased funding for indigent representation and expressed appreciation for all the outreach TBA members have undertaken to educate elected officials about this critical issue. Legislative Updates airs each week the legislature is in session on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

A bill that would allow Tennesseans to analyze their district attorney’s work is headed to Gov. Bill Lee’s desk, Action News 5 reports. If signed into law, SB2556, also known as the DA Transparency Act, would require Tennessee district attorneys to report aggregate information to the governor each year. Data points would include arrests, indictments, transfers, dispositions and more. Tennessee District Attorneys General Conference Executive Committee member and 25th Judicial District Attorney Mark Davidson welcomed the move, saying, “DAs across the state are proud of the job they are doing and look forward to the report confirming the good work being done to keep the public safe.”

The Tennessee Senate on Wednesday voted 26-3 in favor of a bill that would make it a felony to help a minor seek an abortion without parental consent. The Senate Judiciary Committee passed the measure on April 2. A similar bill is making its way through the House. Read more about the Senate version from the Associated Press.