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.

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.

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.

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.

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.

The Tennessee General Sessions Judges Conference recently sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly in support of efforts to increase funding for indigent representation in the state. The letter states, in part, that "the current rate of pay was originally set in approximately 1997, and it has not been raised, except for the equalization of the out-of-court rate and in-court rate several years ago. Certainly, the current hourly rate of pay for court-appointed attorneys has made it very difficult for the Tennessee General Sessions Courts to find a sufficient number of attorneys able and willing to represent indigent litigants, especially indigent criminal defendants, and constitutes an ongoing problem for our state's judicial system." Read the full text of the letter. Learn more about funding for indigent representation from TBA's Government Affairs team. 

The Tennessee legislature is back in session, and lawmakers are focused on your issues. The Tennessee Supreme Court recently announced its intention to ask the governor and General Assembly to increase compensation for court-appointed attorneys in the juvenile and criminal courts. Court-appointed attorneys, who represent the indigent, including children, are grossly underpaid in Tennessee. Because of this, fewer and fewer attorneys can afford to take cases representing the indigent, resulting in a crisis in our legal system. It’s time for Tennessee attorneys to convey to their elected legislators how serious this problem is and the toll it is taking on the entire judicial system. Learn more from the TBA Government Affairs team and then reach out to your legislators and ask them to support increased funding for indigent representation (find your Tennessee legislators here). Also, please respond to this survey and join TBA’s Grassroots Advocacy efforts to receive action alerts as relevant policy issues arise, including indigent representation. Finally, please sign up to join us for TBA Day on the Hill on March 20.

One of the most important responsibilities of the TBA is to advocate for the legal profession and our system of justice with Tennessee lawmakers. TBA’s Government Affairs team is committed to affect positive change on behalf of Tennessee attorneys when the 2024 session of the 113th General Assembly reconvenes on Jan. 9, and we need your help! Please consider joining TBA’s Grassroots Advocacy efforts to receive action alerts as relevant policy issues arise, including indigent representation. Respond to this survey to ensure that your voice is heard.

One of the most important responsibilities of the TBA is to advocate for the legal profession and our system of justice with Tennessee lawmakers. TBA’s Government Affairs team is committed to affect positive change on behalf of Tennessee attorneys when the 2024 session of the 113th General Assembly reconvenes on Jan. 9, and we need your help! Please consider joining TBA’s Grassroots Advocacy efforts to receive action alerts as relevant policy issues arise, including indigent representation. Respond to this survey to ensure that your voice is heard. 

The Tennessee Council of Juvenile and Family Court Judges today announced its support of efforts to increase the hourly rate of compensation paid to court-appointed attorneys in juvenile court. The Tennessee Supreme Court recently announced its intention to ask the General Assembly for additional funding to increase compensation for court-appointed attorneys in juvenile and criminal cases. Recent news reports from the Tennessean and WSMV have highlighted the challenges courts are facing in finding enough lawyers to take appointed cases. The TBA has long advocated for increased rates and caps for the many court-appointed attorneys who represent the indigent. It remains committed to working with the Supreme Court, the Administrative Office of the Courts, the legislature and Gov. Bill Lee’s administration to create meaningful solutions to this problem.