Following the Lee administration's release of its amended budget, which includes funding for the new plan for indigent representation in Tennessee, the TBA will continue to work closely with the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts (AOC) on the new plan, including tracking its progress through the legislative process. The TBA is grateful for the support and advocacy of the legal community on this issue, and encourages lawyers to stay up to date on the work of TBA's Government Affairs team and share their own experiences with the indigent representation system. Learn more about the plan and indigent representation in Tennessee.

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. For attorneys, that means getting paid on a more regular basis and having access to training and mentorship opportunities. For judges, that means not having to spend time finding attorneys to take cases. For clients, the plan is expected to lead to less delays for children needing guardian ad litem services and in adoption cases. And for the legal system, the plan is expected to increase the number of attorneys willing to accept appointments and provide new safeguards to protect against misuse of indigency determinations. The TBA applauds the collaborative efforts of the Supreme Court, the AOC and stakeholders in developing and advocating for a new plan for the future. Learn more about the plan and indigent representation in Tennessee.

TBA President Ed Lanquist Jr. was joined by Administrative Office of the Courts (AOC) General Counsel John Coke and Indigent Services Team Lead Attorney Joe Byrd for a conversation about the indigent representation proposal from the AOC on behalf of the Tennessee Supreme Court. The proposal includes a new structure for handling civil appointments and criminal conflicts for clients who are indigent. 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 interview directly addresses questions posed by Tennessee attorneys, including those who currently take appointed cases. Among the topics discussed are how, if funded, the program would be implemented and the opportunity to work closely with stakeholders, including local attorneys. Learn more about the plan and indigent representation in Tennessee and watch for our ongoing coverage of this issue.

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 state's current system. One benefit of the proposal would be eliminating the use of court time to appoint attorneys for these cases. Under the plan, judges would be able to rely on the proposed "Office of Indigent Conflicts and Civil Counsel," which would assume responsibility for appointing lawyers in child welfare cases and criminal cases when the public defender has a conflict. In addition, 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. 

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.

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.