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.

TBA's Day on the Hill and Big Shrimp Legislative Reception will be held in Nashville on March 19. 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. The TBA Day on the Hill will include an opportunity to meet with legislators in the afternoon, followed by the annual Big Shrimp reception that night. RSVP for these events here. 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 TBA's continuing efforts to provide education and resources related to the state's system of appointed counsel includes the Indigent Representation Primer series, which shares background and updates about indigent representation in Tennessee. There are more than a dozen articles covering topics including the basics of the indigent representation system in Tennessee and models from other jurisdictions, as well as the kinds of cases that qualify and the processes used to appoint counsel. The primer also looks specifically at the role of guardian ad litem and the skills and training required to serve in that crucial role. Throughout the year, TBA will continue to update the primer and related resources, and we welcome member questions and observations on the topic. Additional information also is available on the TBA's Indigent Representation Resource page.

The most recent installment of TBA's Indigent Representation Primer is now available. The post provides an overview of national organizations and agencies that provide support and advocacy for lawyers working in the criminal justice system, with a focus on resources for those who represent low-income or vulnerable clients facing criminal charges. These organizations provide education and training, research, best practices, advocacy and other resources to help these professionals effectively advocate for their clients. Read past primer posts.

As the Tennessee's 114th General Assembly continues work, there are multiple ways to connect with the TBA's Government Affairs team, learn more and get involved with advocacy work, including working for increased resources for indigent representation. Plan to participate in TBA's Day on the Hill and Big Shrimp Legislative Reception, to be held March 19 in Nashville. The events give Tennessee lawyers an opportunity to meet with legislators and talk to them about issues important to the profession. Watch for more information coming soon. Also, complete this form to connect with TBA's grassroots efforts, including upcoming opportunities to advocate.

The TBA has released the February episode of its BarBuzz podcast, featuring a deep dive into the association’s advocacy efforts now that the Tennessee legislative session is underway. In this episode, TBA Executive Director Sheree Wright is joined by TBA lobbyists Berkley Schwarz and Ashley Harbin, who, along with Brad Lampley, lead the TBA’s legislative initiatives. The group discusses how the TBA identifies and addresses key legislative issues, with a focus on the current session’s proposals, which include adoption, family law and probate bills. They also explore the TBA’s role in defending against legislation that could impact the practice of law and highlight efforts to improve legal services for indigent clients. The conversation wraps up with insights on how TBA members can get involved in advocacy work during this crucial time. BarBuzz is a monthly show that recaps legal news, upcoming TBA events and more. It is available on the TBA’s website or wherever you listen to podcasts. Find past episodes in the BarBuzz archive.

The most recent installment of TBA's Indigent Representation Primer is now available. The item provides an overview of national organizations and agencies focused on resources and advocacy for the juvenile justice system. All lawyers working in the juvenile justice system have a role that is both crucial and challenging, balancing high caseloads, limited resources and systemic issues, and they benefit from specialized resources and advocacy. Some national groups provide direct support, education and resources designed for lawyers and other professionals working in the juvenile justice system, while other groups deliver research and advocacy expertise geared toward criminal justice reform and broader systemic impact. Read all past Indigent Representation Primer posts.

TBA's Indigent Representation Primer series recently featured an item focused on appointed counsel for minors facing criminal charges. In Tennessee, juveniles charged with delinquency are guaranteed a right to counsel, and if they cannot afford to hire an attorney, the court will appoint a public defender or private attorney. Tennessee law mandates that juveniles must be provided with counsel in cases where the child faces the possibility of incarceration or other serious consequences. Judges also have the discretion to appoint counsel in cases where a juvenile is not at risk for incarceration but is facing fines or court-ordered services. Juvenile delinquency cases present a unique set of challenges in the legal system and the role of appointed counsel is critical to ensuring fair treatment for youth in the justice system. Attorneys appointed to represent a juvenile charged with a crime in Tennessee play an essential role in providing legal defense, ensuring the juvenile’s rights are protected, advocating for rehabilitation and working toward a favorable outcome for the child.

This week's installment of TBA's Indigent Representation Primer is now available. Guardians ad litem (GALs) and legal counsel for children play an essential role in the judicial system, particularly in family law cases involving minors. These attorneys, appointed to represent the best interests of children, frequently navigate emotionally charged cases, including custody disputes, child abuse and neglect proceedings and adoption cases. The dedicated legal professionals working in these areas, as well as those representing juveniles facing incarceration, benefit from specialized training and resources. Today's primer post has an overview of national organizations focused on providing support for legal professionals that represent and work with children, including guardians ad litem, attorneys representing children, judges, legal volunteers and other professionals. These organizations provide education and training, research, best practices, advocacy and other resources to help these professionals effectively advocate for children. Learn more about the national resources available and read all past primer posts.