Tennessee court officials will ask legislators for more money next year to raise the hourly rate to $80 for attorneys doing appointed work in criminal and juvenile cases. “Court proceedings can’t happen without court-appointed attorneys, but attorneys can’t afford to take cases at the current rates,” Tennessee Supreme Court Chief Justice Holly Kirby said in a news release today. “The criminal justice and juvenile court systems are running out of options.” Tennessee’s reimbursement rate for court-appointed attorneys is the lowest in the country and has not changed since 1997. “Paying lawyers such low rates doesn’t make the cases go away. It just means cases are delayed, overturned, or returned to the trial court on appeal. That doesn’t help anyone,” Kirby said. “It’s not efficient or cost-effective."

TBA President Jim Barry applauded Chief Justice Kirby's sentiments and the AOC’s decision to seek increased funding. "On behalf of attorneys across Tennessee, the TBA has long advocated for increased rates and caps for the many court-appointed attorneys who represent the indigent and has worked with the AOC over the years to improve the funding levels. These cases affect some of the most vulnerable components of our justice system, as a large percentage involve children and families. Often these attorneys take these cases to their own financial detriment, and in many situations, the low rates and caps combined with the volume of cases make it increasingly difficult to maintain a law practice. This dynamic especially affects lawyers in rural areas and has led to a crisis that is threatening our entire legal system in Tennessee."

"The TBA looks forward to working with the AOC, the Supreme Court, the Legislature and Governor Lee’s administration to create meaningful solutions to this problem.”

The staff of Nashville’s Community Oversight Board will likely stay on board even after it is reconstituted as a Civilian Review Board, WPLN reports. The legislature earlier this year took away much of the power the boards held to monitor police departments, but newly elected mayor Freddie O’Connell has said he thinks civilian oversight is still important and will keep the staff in place to get the new Civilian Review Board “up and running as quickly as possible.”

Legislation passed this last session has made it harder for staff at Adult Protective Services to investigate self-neglect in clients who may be suffering from malnutrition, not getting needed medical care or living in filthy conditions, WKRN reports. The bill, sponsored by Sen. Todd Gardenhire, R-Chattanooga, changed the definition of “abuse or neglect” to be instances where a “caretaker” inflicts pain or deprives an adult of necessary services. “I’ve seen people in horrible hoarding situations," said Davidson County Assistant District Attorney Mary Griffin. She adds that some are living for months without water, electricity or other basic services. As a result of the new legislation, instances of self-neglect no longer fall under the purview of APS and those cases now have to be investigated by police. 

The 19th Judicial District Mental Health Court is now a reality, thanks to years of hard work from Judge Kathryn W. Olita and a team of passionate supporters. “When I started regularly hearing criminal cases here in the 19th, I noticed that certain defendants were cycling through my courtroom,” Olita says. “A jail stay would give them some access to mental health treatment, meals and shelter, but often after release a repeat offense or violation will bring that person right back.” Graduates of mental health court programs are more likely to break that cycle, Olita says. The court is now accepting new clients through referrals from the district attorney and public defender.

The Workers’ Compensation Appeals Board has set four cases for live oral argument in Knoxville this week, and one virtual oral argument later in the month. The in-person cases will be heard Thursday in Knoxville, with a fifth set for Oct. 19 online. Arguments start at 9 a.m. local time on both dates. Learn more about the cases.

The Tennessee Supreme Court has upheld a trial court’s pre-trial ruling prohibiting a defendant doctor from using evidence that another physician, who was not in the lawsuit, caused the plaintiff’s injuries, because the defendant doctor did not give the plaintiffs notice that he intended to shift the blame for the injuries to the other doctor. In a split opinion, the court also held that Tennessee law prohibited the defendant doctor from putting on evidence of the plaintiff’s insurance or related discounts on his medical bills. Read the court's decision from Justice Holly Kirby and the concurring and dissenting opinion from Justice Roger Page.

Mock Trial Committee member Bridget Pyman and Essential Documents for Essential Workers Chair Matt Knable visited the University of Tennessee College of Law today to speak with students about the benefits of their free membership with the Tennessee Bar Association. They encouraged students to get involved early by applying to the TBA's Diversity Leadership Institute program, volunteering at pro bono clinics and attending CLE programs.

This year’s Tennessee Supreme Court Boot Camp will kick off tomorrow morning with the addition of two special elements. As in past years, attendees will observe oral arguments in real cases and then engage in a discussion about the preparation and considerations for deciding to seek review in the court. But this year, attendees also are invited to see Justice Holly Kirby sworn in as the court’s newest chief justice prior to the CLE at the state capitol, and then hear former TBA president Bill Harbison present a special program on the history of the court at Holland & Knight after the Boot Camp. The TBA's Boot Camp program will kick off at 9:30 a.m. CDT at the Tennessee Supreme Court building in Nashville with oral arguments before the full court. An analysis and discussion will follow with Miller & Martin's Robert Parsley and Nashville lawyers Donald Capparella of Dodson Parker Behm & Capparella and Edmund Sauer with Bradley Arant Boult Cummings. The program will wrap up at 4:30 p.m. CDT.

West Tennessee Legal Services (WTLS) will hold a number of activities this month as part of Celebrate Pro Bono Month and is looking for volunteers to help. On Oct. 5, the group will offer a free CLE to train lawyers how to assist rural clients with conservatorships. A virtual expungement clinic will be held the weeks of Oct. 23 and Oct. 30 to assist clients in Crockett and Obion counties. Two free virtual trainings will be held to help volunteers prepare for this work. Then on Oct. 25, the group will host “Breaking the Stereotype: What Pro Bono Looks Like in 2023,” which will feature Tennessee Supreme Court Justice Jeffrey Bivins and WTLS Pro Bono Coordinator Andy Cole discussing the different ways attorneys can fulfill their ethical obligations to complete pro bono work. One free hour of CLE credit will be available to attendees.

Assistant U.S. Trustee Nick Foster was honored recently at reception held by the U.S. Justice Department in Chattanooga, the Hamilton County Herald reports. Foster was named assistant U.S. trustee for the Eastern District of Tennessee over the summer. Before that, he served as a trial attorney in the Chattanooga office of the U.S. trustee beginning in September 2008. Born and raised in Memphis, Foster earned his undergraduate degree at the University of Tennessee at Knoxville and law degree from Mississippi College School of Law. He was joined at the reception by his wife, attorney Leslie Foster, and their two daughters.