TBA Law Blog


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Posted by: Stacey Shrader Joslin on Mar 27, 2024

TBA's testimony before the Senate Judiciary Committee, by TBA Executive Director Sheree Wright and Williamson County attorney David R. Grimmett, is now available to watch online. The pair talked about the need to increase the hourly rate and cap for court-appointed attorneys representing the indigent, and expressed support for the Administrative Office of the Court’s budget request of $26.145 million to raise the hourly rate to $80 per hour. Following their testimony, the committee approved a motion in support of adding $26.145 million to the governor's budget for that purpose. The funds ultimately will be decided through budget negotiations between the administration and the legislature. Watch the TBA's testimony beginning at 17:08.

Posted by: Julia Wilburn on Mar 26, 2024

TBA Executive Director Sheree Wright and Williamson County attorney David R. Grimmett testified this week before the Senate Judiciary Committee about the need to increase the hourly rate and cap for court-appointed attorneys representing the indigent. In her statement, Wright said, “Tennessee’s court-appointed attorneys, who represent indigent citizens 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.” Grimmett ended his testimony by stating, “On behalf of the juvenile court bar and every appointed counsel in this state, I am begging you to raise the rate for appointed counsel so that we can find a voice for these children and these families.” Wright and Grimmett agreed they support the Administrative Office of the Court’s (AOC) budget request of $26.145 million to raise the hourly rate for court appointed attorneys to $80 per hour, which was not included in the governor’s budget or his supplemental budget. However, Sen. Todd Gardenhire, R-Chattanooga, chair of the committee, made a motion after Wright and Grimmett’s testimony to amend the governor’s budget to add the $26.145 million in increased recurring funding to the AOC for indigent representation; this motion passed unanimously and will be signed by the members of the Senate Judiciary Committee. The funds will ultimately be decided through budget negotiations between the administration and the legislature. Watch the TBA's testimony beginning at 17:08 or see photos from the day.

Posted by: Liz Slagle Todaro on Mar 13, 2024

TBA's Day on the Hill and Big Shrimp Legislative Reception will be held next week in Nashville on March 20. The events give Tennessee lawyers an opportunity to meet with their legislators and talk to them about issues important to the profession, including funding for indigent representation. The TBA Day on the Hill will include a luncheon and meetings with legislators in the afternoon, followed by the annual Big Shrimp reception that night. Sign up today to take part!

Posted by: Stacey Shrader Joslin on Mar 8, 2024

TBA’s Legislative Updates podcast is back for another week with attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin. Special guest TBA Executive Director Sheree Wright also joined the episode to promote TBA’s upcoming Day on the Hill and Big Shrimp Reception on March 20 and talk a little about her background. The group discusses the Administrative Office of the Courts’ (AOC) budget presentation before the Senate Judiciary Committee, which included significant discussion of the reimbursement rate for indigent representation and impromptu testimony by Hamilton County Juvenile Court Judge Rob Philyaw about how the low rate is impacting his courtroom. Lampley says it was the “best conversation on this issue ever … in this public of a setting.” Watch the AOC testimony here beginning at 54:56. The vote to advance the governor’s proposed AOC budget to the Senate Finance Committee happens at 1:32:21.

Also in this week's episode, the group recaps the two school voucher bills moving through the House and Senate and provides an update on three TBA-supported bills: HB2710/SB2254 (conservatorship bill), HB2645/SB2632 (adoption birth certificate bill) and HB2644/SB2633 (adoption clean-up bill). Legislative Updates airs each week 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.

Posted by: Liz Slagle Todaro on Mar 5, 2024

TBA's Day on the Hill and Big Shrimp Legislative Reception will be held in Nashville on March 20. The events give Tennessee lawyers an opportunity to meet with their legislators and talk to them about issues important to the profession, including funding for indigent representation. The TBA Day on the Hill will include a luncheon and meetings with legislators in the afternoon, followed by the annual Big Shrimp reception that night. Sign up now to take part!

Posted by: Liz Slagle Todaro on Feb 14, 2024

Plan now to take part in the Tennessee Bar Association’s Day on the Hill on March 20. The event gives TBA members an opportunity to meet with their legislators and talk to them about issues important to the profession, including funding for indigent representation. Activities begin with a luncheon, followed by meetings with legislators in the afternoon and the annual Big Shrimp legislative reception that night. Sign up now to take part.

Posted by: Stacey Shrader Joslin on Feb 13, 2024

Administrative Office of the Courts (AOC) Director Michelle Long testified before the House Finance Committee last week, telling lawmakers it has been nearly 27 years since Tennessee boosted pay for court-appointed attorneys, who often handle difficult cases involving children and families. The current situation, she said, is approaching a crisis point, the Tennessee Journal reports. Long asked the committee to restore at least some of the funds needed. She also asked the committee to fund a new human resources staff member and a full-time staff member to manage the Supreme Court’s “Justice Bus” program. The committee is conducting hearings on Gov. Bill Lee’s proposed 2024-2025 budget, which did not include funding requested by the AOC for these expenses. The TBA continues to support the AOC’s request to increase the reimbursement rate for indigent representation. Watch her tesimony beginning at 1:40:50. Please visit the TBA Government Affairs webpage for more information and to get involved with its grassroots efforts.

Posted by: Paul Burch on Feb 6, 2024

Gov. Bill Lee outlined his $52.6 billion state budget proposal to lawmakers during his annual State of the State address Monday evening, the Tennessean reports. House and Senate members will consider budget legislation over the coming months. Big-ticket items in the proposed budget include $410 million in recurring funding and $1.2 billion in nonrecurring funding to simplify the franchise tax in Tennessee. While the current franchise tax has been in place for roughly 90 years, a change was necessitated by the threat of litigation, thus prompting the administration to address the issue now so the state can move forward. The budget also includes a $141 million appropriation to establish Education Freedom Scholarships. While specific details of the plan have yet to be revealed, Gov. Lee emphasized that it should be parents — and not the government — who decide where their children go to school and what they learn.

On the judicial front, it appears that many areas of the judicial system are slated to be funded at the same levels as the current FY 23-24 budget, including indigent representation. Increased funding for indigent representation remains a top priority of TBA, which is committed to working alongside the Tennessee Supreme Court, Administrative Office of the Courts and others on this important issue. In related news, the executive committee of the Tennessee Judicial Conference, which represents all state judges, sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly stressing the need to increase funding for indigent representation in the state. Other legal organizations, including the TBA, also have written similar letters, which are posted here. For more information, and to join TBA’s grassroots efforts to support funding for indigent representation and other issues important to Tennessee attorneys, please visit TBA’s Government Affairs webpage.

Posted by: Julia Wilburn on Feb 2, 2024

Tennessee's 113th General Assembly is now in session and TBA's Legislative Updates podcast is back for Season 5! Lawmakers filed a combined total of 682 bills just this week; the filing deadline for the House was Jan. 31 and Feb. 1 for the Senate. Attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists Brad Lampley and Ashley Harbin host the podcast to discuss what's ahead for the legislative year and the bills TBA is sponsoring, especially around indigent representation. Legislative Updates airs each week 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 other podcast services. In this episode, the hosts discuss TBA's conservatorship bill HB2710/SB2254 and TBA's adoption bills: HB2644 and HB2645.

Schwarz has served as director of legislative affairs for the TBA since 2018 but recently left the TBA to focus on her own lobbying firm, Pier Strategies. She continues to represent TBA on legislative matters alongside Lampley and Harbin. Schwarz can now be reached at bschwarz@pierstrategies.net.

Posted by: Liz Slagle Todaro on Jan 26, 2024

TBA President Jim Barry recently sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly, urging support for the Tennessee Supreme Court's request to increase funding for court-appointed attorneys representing the indigent. The TBA's letter points to the "significant impact" indigent representation has on the judicial system, and commits to giving this issue its full support in discussions with the General Assembly: "This situation has resulted in a crisis in our legal system, and especially in the juvenile courts. Nearly half of all cases requiring court-appointed attorneys are in juvenile court and involve families and children, such as adoptions, dependency and neglect allegations, reports of child abuse, proceedings to terminate parental rights, and a vast number of cases in which the interests of a child or other vulnerable person are protected by a guardian ad litem." Read the full text of the letter. Learn more about funding for indigent representation and how Tennessee lawyers can join these efforts from TBA's Government Affairs team.


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