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.

TBA’s Legislative Updates podcast features TBA attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC, and Brad Lampley and Ashley Harbin of Adams and Reese. In the most recent episode, they discuss several key legislative topics, including SB1052/HB1355, which amends TCA §36-1-102(45)(B) to specify that a biological father who only pays token support will not qualify as a putative father; SB540/HB492, related to custody determinations and child support; SB541/HB906, legislation from the TBA probate study group and its amendment; SB394/HB569, which deals with selecting a settlement agent in real property transactions; SB943/HB1255, which focuses on continuing education for judges involved in child custody cases; and TBA's Day on the Hill. Tune in to the podcast on the TBA website or through this link. And don’t forget to register for TBA's Day on the Hill and the Big Shrimp Reception next week.

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.

In this month's episode of BarBuzz, TBA Executive Director Sheree Wright speaks with Liz Todaro, TBA director of access to justice and special projects, and John Farringer, a commercial litigator with Sherrard Roe Voigt & Harbison and TBA’s incoming president for the 2027-2028 bar year. The discussion focuses on the Administrative Office of the Courts’ plan for funding indigent representation, a key issue shaping legal access in Tennessee. The group also talks about the importance of TBA's Day on the Hill and Big Shrimp Legislative Reception, two events that connect legal professionals with lawmakers to advocate for issues such as indigent defense funding. TBA’s 2025 Day on the Hill and Big Shrimp Reception will take place next week in Nashville. Register for the day's events on the TBA website or get more information about indigent defense in Tennessee. Find past episodes of the podcast in the BarBuzz archive.

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.

It's not too late to register for TBA's Day on the Hill and Big Shrimp Legislative Reception, which will be held in Nashville on March 19. Lawyers will meet with legislators in the afternoon, followed by the annual Big Shrimp Reception that night. The events give Tennessee lawyers an opportunity to meet with legislators and talk to them about issues important to the profession, including funding for indigent representation. RSVP here! Those who register to attend will be invited to join a preview call this Wednesday at 4:30 p.m. CDT. Those who register after Wednesday will have access to a recording of the call so they can make the most of the legislative visits. Learn more about the need for increased indigent representation funding or read about how the system works in Tennessee in posts from the TBA's recent Indigent Representation Primer.

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.