On Tuesday, Lee administration released its proposed budget amendment for FY 2025-2026, which includes an additional $17 million to fund the new plan for indigent representation in Tennessee. The TBA has worked closely with the Tennessee Supreme Court and the Tennessee Administrative Office of the Courts (AOC) on securing funding for the new plan, and this issue was the top priority last week during attorneys’ meetings with legislators during TBA’s Day on the Hill.

TBA President Ed Lanquist Jr. reacted to the development saying, “The TBA applauds Gov. Bill Lee and his administration for prioritizing indigent representation by funding the AOC’s Indigent Representation Plan. I believe the AOC’s new and innovative plan will address the current shortage of attorneys willing to accept appointments to represent the indigent, by establishing more competitive and predictable attorney compensation structures. The TBA is especially grateful to Chief Justice Holly Kirby, the Tennessee Supreme Court and the Administrative Office of the Courts for their leadership and partnership in helping spotlight this critical issue, and we look forward to working with them and the Tennessee General Assembly to ensure this funding is in the final budget passed by the legislature.”

The budget process in Tennessee is a three part process: (1) in early February, the governor unveils his initial proposed budget in conjunction with the State of the State Address; (2) in late March/early April, the administration unveils a budget amendment, which compliments and makes adjustments to the initial budget; and (3) the Tennessee General Assembly works with the administration to finalize the budget, which must pass the House and Senate before they adjourn for the year. The TBA will continue working to ensure the new plan is funded. Learn more about the plan and indigent representation in Tennessee.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is whether attorneys currently taking appointed cases will be able to continue to do so under the new structure. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained that the plan assumes that all those currently taking cases will continue to do so. This proposal in no way is intended to exclude anyone. While the process for appointment will be different, the goal is to maintain the current roster of attorneys while also expanding the pool of available lawyers. AOC staff indicated they have been encouraged by interactions with lawyers who previously stopped accepting appointed cases but are interested in getting involved again. They also believe the new structure will be appealing to new lawyers and those interested in practicing in rural areas since the contract model will provide a “book of business” and more steady income. Watch the full interview or learn more about the plan and indigent representation in Tennessee.

TBA’s Legislative Updates podcast is new this week with TBA lobbyist Brad Lampley with Adams and Reese. He is joined by TBA Executive Director Sheree Wright and TBA President Ed Lanquist Jr. in a live recording from TBA's third annual "Day on the Hill" event. They discuss key highlights from the event and the impact of attorney advocacy on state legislation. Tune in to the podcast on the TBA website or through this link. See a photo from behind the scenes.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is how the current regulatory structure will change if the plan is enacted. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained that Tennessee Supreme Court Rule 13 will be amended to create the “Office of Indigent Conflicts and Civil Counsel” and the “Indigent Representation Commission,” which will oversee the office, as well as set out the details for their operations. The office is expected to employ one statewide executive director and three attorneys — one in each grand division — to manage the assignment of cases. No changes will be made to statutory language that sets out the qualifications for receiving free counsel, but the plan will put in place safeguards to ensure determinations of indigency meet that criteria. Watch the full interview or learn more about the plan and indigent representation in Tennessee.

Attorneys from across the state gathered in Nashville on Wednesday for the TBA's third annual "Day on the Hill." The day kicked off with remarks from Senate Judiciary Committee Chair Sen. Todd Gardenhire, R-Chattanooga. Participants then met with more than 30 legislators to discuss issues impacting the legal profession and the practice of law, with a special emphasis on supporting the Administrative Office of the Court's plan for improving the state's indigent representation system. The day concluded with the TBA's annual Big Shrimp legislative reception, giving TBA leaders and members a chance to meet with legislators in a casual setting to continue conversations on topics important to the profession. Learn more about the state's current indigent representation system and see photos from the day. 

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is how the practice of law will change if the plan is enacted. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained that the new system should improve administrative processes for those who take appointed civil cases. Lawyers no longer will have to apply for reimbursement through the ACAP system and will not be subject to caps. Flat fees for misdemeanor cases will be paid out quicker and with less paperwork. And while there will be some reporting requirements, they will not be as onerous as required under the current system. Those who currently have hourly contracts for capital cases will not see any real changes as they already enjoy many of the benefits provided by the new plan. Watch the full interview or learn more about the plan and indigent representation in Tennessee.

The Tennessee Administrative Office of the Courts (AOC) on behalf of the Tennessee Supreme Court has proposed a new structure for handling the appointment of attorneys in indigent cases. One question that has been raised is why the AOC chose to propose a new system rather than work to raise the hourly rate of compensation. In a recent interview with TBA President Ed Lanquist Jr., AOC staff explained they were encouraged to look at different approaches and be experimental, proactive and forward thinking. In addition to increasing compensation, the proposed plan also is designed to increase the number of attorneys willing to take cases and get those attorneys paid quicker and on a more regular basis. The AOC staff also noted that several states that have raised their hourly rates — in one case, double of what Tennessee pays — still struggle to find enough lawyers to take cases. As part of this plan, the AOC is asking for an additional $17 million in recurring funding, which will allow it to build out the new system and increase compensation — a win for lawyers and the judicial system. Watch the full interview or 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 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.