TBA Law Blog


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Posted by: Liz Slagle Todaro on Oct 30, 2024

The TBA is adding to its grassroots advocacy resources with a new primer on indigent representation, which will provide updated information on the role and importance of appointed counsel in our justice system. Topics will explore basics and real-world questions about Tennessee's system, as well as examples and innovations from other jurisdictions. These resources and more can be accessed on the TBA's Indigent Representation Resources page and will be shared across TBA's communications platforms. Those who would like to receive policy and advocacy updates by email, can sign up here.

Posted by: Liz Slagle Todaro on Oct 25, 2024

Mark your calendar for TBA's 2025 Day on the Hill and Big Shrimp Legislative Reception, which will 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, including funding for indigent representation. Read more about the 2024 events and sign up to connect with TBA's Grassroots Advocacy Initiative and upcoming events.

Posted by: Liz Slagle Todaro on Oct 24, 2024

One of the most important responsibilities of the TBA is to advocate for the legal profession and our system of justice with Tennessee policymakers. TBA’s Government Affairs team is committed to affecting positive change on behalf of Tennessee attorneys and we want your help! Through our Grassroots Advocacy Initiative, the TBA is building a network of lawyers who are informed and engaged about issues relevant to the practice of law in our state. Please complete this form if you are interested in learning more, including opportunities to advocate. Learn more about TBA's ongoing advocacy efforts related to indigent representation.

Posted by: Stacey Shrader Joslin on Oct 18, 2024

The TBA’s 36th Annual Health Law Forum kicked off yesterday in Franklin with a welcome from TBA President Ed Lanquist Jr. The two-day event is the premier health law program in the state, providing essential insights from health law providers, practitioners and regulators. Watch for a full report from the forum in Monday's issue of TBA Today. Lanquist spoke to the group about the opportunity to engage around policy issues that are important to the practice of law in Tennessee. He encouraged those in attendance to connect with TBA's Grassroots Advocacy efforts. One of the primary government affairs issues TBA remains committed to is improving delivery of legal services for indigent clients. The TBA is focused both on securing adequate resources to compensate the lawyers who do this important work and investing in new approaches to improve the indigent representation system in a way that benefits attorneys, the larger justice system and the public.

Posted by: Azya Thornton on Sep 18, 2024

If you missed the TBA's Legislative Update CLE this summer, the program will be rebroadcast on Oct. 3 from noon to 1:30 p.m. CDT.  Tune in to hear members of TBA's Government Affairs team discuss legislation affecting Tennessee lawyers and share insights into the most recent session of the Tennessee General Assembly. As part of its grassroots advocacy effort, TBA also is seeking to build a network of engaged lawyers across the state to advocate for issues relevant to the practice of law in Tennessee. Learn more and get involved in that effort. To register for the CLE visit the TBA's online course catalog.

Posted by: Liz Slagle Todaro on Sep 12, 2024

The Division of State Audit in the Office of the Comptroller of the Treasury on Sept. 5 issued its performance audit report of the Tennessee Court System, which evaluated the "effectiveness and efficiency" of the current system of indigent representation, as well as other court programs. The audit recognized that Tennessee, "like many other states," continues to face obstacles, and recommended that the Administrative Office of the Courts (AOC) "continue to work with the Supreme Court, the governor and the state legislature to ensure all citizens are afforded their constitutional or statutory right to legal counsel." The report discusses the need to address capacity issues and compensation of lawyers who take these difficult cases. The TBA remains committed to working with stakeholders to secure additional resources to address these issues. Read more about the report.

Posted by: Stacey Shrader Joslin on Aug 29, 2024

TBA President Ed Lanquist Jr. addressed attendees at the 2024 Equal Justice University conference in Murfreesboro today. He thanked those working in the access to justice field and said the TBA is proud to be part of a collaborative effort to provide quality and accessible legal services across the state. He highlighted the TBA’s Grassroots Initiative and encouraged attendees to get involved in policy advocacy efforts. He also recapped the efforts of the Administrative Office of the Courts and Tennessee Supreme Court Justice Holly Kirby during the last legislative session, which led to an $8.6 million increase in indigent funding, while reiterating that securing additional funding remains a top priority for the association. Additionally, Lanquist called for an increased commitment to pro bono work, increased outreach to law students and new ways to use technology to assist indigent clients and self-represented litigants. Finally, he pledged the TBA would continue to work with policy makers to explore, implement and evaluate new approaches to serving those who cannot afford legal representation. Watch Lanquist’s remarks on the TBA’s Facebook feed and look for a wrap up of the event and the many awards presented at the conference in tomorrow's issue of TBA Today. See photos from the day.

Posted by: Stacey Shrader Joslin on Jul 2, 2024

The Tennessee Supreme Court has amended Tennessee Supreme Court Rule 13, sections 2 and 3, to reflect a $10 increase in the hourly reimbursement rate for indigent representation, along with a proportionate increase in the caps on the total amount a court-appointed attorney may earn per case. The changes are effective as of July 1 and are based on the Tennessee General Assembly’s recent approval of an additional $8.6 million in recurring funding for the indigent representation program, increasing the hourly rate to $60. Read the new language

The Administrative Office of the Courts (AOC) had requested $26.145 million from the state legislature, which would have raised the hourly rate to $80. The TBA supported that request and remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work. To learn more about this issue and advocacy efforts on behalf of Tennessee lawyers, read the TBA's statement about the funding or visit the TBA’s Indigent Representation Resources webpage.

Posted by: Stacey Shrader Joslin on May 2, 2024

The Tennessee Supreme Court has released a statement on the General Assembly’s approval of $8.6 million in additional funding for indigent representation. The court expressed appreciation for the funding, saying it would allow the judicial branch to “take an essential and significant step forward in addressing adequate compensation of appointed counsel.” Addressing the increase, Chief Justice Holly Kirby said: “I’m grateful for our judges who spoke forcefully about their struggle to find lawyers willing to take indigent cases — nearly half of which are in juvenile court and involve families and children in neglect or abuse cases. I’m grateful for the lawyers who explained how an extremely low rate of reimbursement impacted their ability to represent indigent parties. And I’m grateful for the elected leaders who listened with open hearts and minds and took action.” The additional funding will provide a $10 increase in the hourly rate of reimbursement for attorneys who accept appointments, along with a proportionate increase in the cap on the total amount a court-appointed attorney may recoup per case. Administrative Office of the Courts Director Michelle Long also thanked legislators, the governor’s office and the Tennessee Bar Association for their work bringing attention to this important issue. Read the TBA's previously released statement on the additional funding.

Posted by: Stacey Shrader Joslin on Apr 25, 2024

A new TBA Legislative Updates podcast is now available. Join TBA attorneys and lobbyists Brad Lampley and Ashley Harbin with Adams and Reese as they provide an update on indigent representation funding; the TBA's adoption birth certificate bill, HB2645/SB2632, and adoption clean-up bill, HB2644/SB2633; and the upcoming adjournment. Legislative Updates airs each week the legislature is in session 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.


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