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.

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.

The Tennessee Supreme Court issued an opinion today rejecting a First Amendment challenge to the state’s personalized license plate program. Tennessee license plates typically feature a randomly generated alphanumeric combination, but drivers can request personalized plates for an additional fee. Leah Gilliam had displayed a personalized plate reading “69PWNDU” for over a decade before the state revoked it, deeming the message to be offensive. Gilliam sued, arguing that the program unlawfully discriminates based on viewpoint in violation of the First Amendment. The court ruled that personalized plate messages constitute government speech rather than private speech and therefore are not protected under the First Amendment. The decision relied on the U.S. Supreme Court’s 2015 ruling in Walker v. Texas, which found that specialty license plates represent government speech. Read more in a press release from the Administrative Office of the Courts.

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.

The Tennessee Supreme Court has declined a request to consider a legal dispute over whether the state attorney general (AG) can take control of some post-conviction proceedings in death penalty cases from local district attorneys. According to the Nashville Banner, the court’s decision could remove the last obstacle to setting new execution dates. The AG's office historically has represented the state in capital post-conviction proceedings involving challenges to a person’s conviction or death sentence. Litigation followed the passage of a new state law in 2023, which gave the attorney general's office exclusive control over post-conviction cases in trial courts as well, where defendants can raise claims about legal errors, new evidence of innocence or proof of intellectual disability. No executions have taken place in Tennessee since 2020, but last week, the AG's office asked the state Supreme Court to set execution dates for five people on death row.

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.

The Tennessee Supreme Court held official proceedings inside the Old Supreme Court Chamber at the Tennessee State Capitol for the first time in more than 10 years on Feb. 12. “This is an historic occasion, a homecoming of sorts for our court,” said Chief Justice Holly Kirby. “The Tennessee Supreme Court held its court proceedings in this very room for about three quarters of a century, until 1936 when the Supreme Court moved to the fancy new building down the street.” The historic event brought together all three branches of state government — executive, judicial and legislative — under the Capitol dome. Gov. Bill Lee said of the occasion, "The legislature is in session. The governor’s office is alive and well down there, I can say. We will be signing a bill into law today. There is work being done by all branches of government in this building. It’s historic, it’s important and it’s government at work on behalf of the people.” Read more in a press release from the Administrative Office of the Courts.