TBA’s Legislative Updates weekly 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; what to expect next week; 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.

The TBA has released a statement on the General Assembly’s recent approval of additional funding to increase the hourly rate for court-appointed attorneys representing the indigent. The funding, included in the budget for Fiscal Year 2024-2025, will raise the reimbursement rate by $10 an hour to $60 an hour, as well as the corresponding caps. TBA President Jim Barry thanked the General Assembly for making indigent representation funding a priority, as well as Chief Justice Holly Kirby, the Tennessee Supreme Court and the Administrative Office of the Courts (AOC) for their leadership and partnership in helping spotlight this critical issue. The TBA had supported the AOC's budget request of $26.145 million, which would have raised the hourly rate to $80. It remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work. Read the TBA’s full statement. To learn more about this issue and advocacy efforts on behalf of Tennessee lawyers, visit the TBA’s Indigent Representation Resources webpage. In related news, a story in yesterday’s TBA Today incorrectly stated that the hourly is rate is set by statute. In fact, it is set by the Tennessee Supreme Court through Rule 13. Any proposed rate increase then must be funded by the General Assembly.

The Tennessee House and Senate both passed the budget for Fiscal Years 2024 and 2025 today. HB2973/SB2942 includes $8.6 million in additional recurring funding to increase the hourly rate for court-appointed attorneys representing the indigent. The funding, which was added by the House and Senate Finance committees earlier this week, will raise the rate by $10 an hour to $60 an hour. The appropriation will mark the first time the rate has been increased since 1997. The TBA remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work.

The Tennessee House and Senate Finance committees have passed the FY2024/25 budget, HB2973/SB2942, which includes $8.6 million in additional recurring funding to increase the hourly rate an additional $10 an hour for court-appointed attorneys representing the indigent. Tennessee’s court-appointed attorneys, who represent indigent citizens who are 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. The TBA has worked hand in hand with the Supreme Court and the Administrative Office of the Courts to encourage the General Assembly to fairly compensate attorneys representing the indigent. During the House Finance, Ways and Means Subcommittee meeting, House Finance Committee Chair Patsy Hazlewood, R-Signal Mountain, stated, “This is a start. It’s not market compensation, but it will allow us, hopefully, to address a problem. It’s very difficult for judges to find attorneys to take these indigent cases, so with additional funding, hopefully we will be able to get more cases through our system and stop the roadblocks.” The next step for the budget is passage by the House and Senate before they adjourn next week.

TBA’s Legislative Updates podcast is new this week with TBA attorneys and lobbyists, Berkley Schwarz with Pier Strategies LLC, and Brad Lampley and Ashley Harbin with Adams and Reese. This week they discuss the finalizing of this year's fiscal budget, HB2973/SB2942; the TBA conservatorship bill, HB2710/SB2254; adoption birth certificate bill, HB2645/SB2632; and adoption clean-up bill, HB2644/SB2633. The group also foreshadows budget negotiations set to happen this weekend, House and Senate Finance committee meetings likely to take place next week, and possible adjournment the week of April 22. The group is continuing to track any movement on increased funding for indigent representation and expressed appreciation for all the outreach TBA members have undertaken to educate elected officials about this critical issue. 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.

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.

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.

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!

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.

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!