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.

The Tennessee Supreme Court has upheld the suspension of Shelby County lawyer Daryl A. Gray’s law license. Two complaints were filed against Gray. The first alleged that he improperly handled funds after he settled a client’s personal injury lawsuit by refusing to pay a medical provider’s valid lien and falsely asserting that other medical providers had filed claims. The second, stemming from a different personal injury lawsuit, alleged that Gray filed the action against the wrong defendant, never served the amended complaint on the correct defendant, failed to adequately communicate with his client about a motion to dismiss, and failed to timely withdraw from representation. A Board of Professional Responsibility hearing panel determined that Gray violated professional conduct rules and recommended a six-month suspension, with two months to be served on active suspension and the remainder on probation. Gray challenged the recommended discipline, claiming it was unfounded, arbitrary, capricious and excessive. The court rejected his arguments and imposed the suspension. Read the BPR's press release.

The Tennessee Supreme Court on March 7 issued an order amending Rule 9, sections 26.4 and 33.1. The court had sought comments on the proposed changes in January and noted that the 45-day comment period expired on March 3. In section 26.4, the court changed the rule governing suspension of lawyers for failure to pay the professional privilege tax to clarify that the suspension “be effective immediately” after the court files a suspension order, and that the suspension “shall” remain in effect until the taxes are paid. In section 33.1, the court made four changes to the process for appealing the judgment of a disciplinary hearing panel or a trial court. The amendments took effect immediately upon adoption of the order. Review a redline version of the changes.

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. 

The Tennessee Supreme Court recently issued two unanimous decisions, addressing criminal law and judicial residency requirements. In State v. William Rimmel III, the court affirmed Rimmel’s attempted aggravated assault conviction but reversed his reckless endangerment conviction. The case stemmed from a 2018 road rage incident in Marion County, where Rimmel pursued Bobbie Burke on a motorcycle and smashed her car window with a loaded handgun. The court ruled that Burke’s knowledge of the gun was not required to uphold the assault conviction, as long as Rimmel intended to make her fear imminent bodily injury. However, it overturned the reckless endangerment conviction, finding that Rimmel’s actions did not create a reasonable probability of serious bodily injury or death since he never pointed the gun at Burke. In Robin M. McNabb v. Gregory H. Harrison, the court ruled that municipal judges in Tennessee must reside within the city they serve, as required by the Tennessee Constitution. The decision came after Gregory Harrison was elected Lenoir City municipal judge in 2022, despite not living within city limits. Robin McNabb, a losing candidate, challenged the election results, arguing that the constitutional residency requirement applies to the city, not a broader judicial district. The Supreme Court agreed, ruling that because Harrison did not reside in Lenoir City, he was ineligible for the position.

The Tennessee Supreme Court has amended Rule 21, section 4.08, subsections (a) and (c) to clarify how continuing legal education (CLE) credit may be earned for various activities. The rule currently allows the CLE Commission to award up to half of the required credits to attorneys who serve on governmental commissions, committees or other governmental bodies involved in formal sessions for review of rules or regulations. The new language specifies that the commission may award up to six general credits and up to three ethics credits for this work. It also expands eligible activities to include service on local commissions, committees or other governmental bodies and to work involving the drafting of legislation. The new language also requires that CLE hours earned for pro bono work must be done with a Tennessee organization approved by the court.

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 Supreme Court on Monday reset execution dates for four men on death row after a five year pause in the procedure. The Tennessean reports that the court set the following dates: Oscar Franklin Smith, execution date May 22: Byron Lewis Black, execution date Aug. 5; Donald Ray Middlebrooks, execution date Sept. 24; and Harold Wayne Nichols, execution date Dec. 11. Gov. Bill Lee temporarily halted executions after a 2022 investigation found that the state had failed to follow the execution protocol it set in 2018. Gary Wayne Sutton, the fifth person who was scheduled to die before Lee's 2022 announcement, did not have his execution date set by the court. The state created new lethal injection protocol in December 2024 that would use a single drug, pentobarbital, replacing the three-drug cocktail previously used. In January, the U.S. Department of Justice rescinded its protocol that allowed single-drug lethal injections for federal executions.

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.