MEMBER CENTER
January 26, 2024
The Honorable Bill Lee
Governor
Tennessee State Capitol
600 Dr. Martin Luther King Jr. Blvd.
Nashville, TN 37243
Via Email
Re: Increased Funding for Court-Appointed Attorneys Representing the Indigent
Dear Governor Lee:
On behalf of the Tennessee Bar Association (TBA), I respectfully implore you to support the Tennessee Supreme Court’s request to increase funding for court-appointed attorneys representing the indigent in the administration’s FY 2024-25 budget.
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. The low rates, combined with the low caps that are in place, and the rising costs of maintaining a legal practice, have created a “perfect storm” where fewer and fewer attorneys can afford to take cases representing the indigent.
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.
The Tennessee Supreme Court noted that it hears almost daily from judges who cannot find lawyers to represent citizens who are entitled to counsel. “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 Supreme Court news release in October. “The criminal justice and juvenile court systems are running out of options.”
The Juvenile and Family Court Judges issued their own statement of support, where they noted “Private attorneys are crucial for abused or unwanted children. Unfortunately, many attorneys do not accept appointments in juvenile court due to the inadequacy of the reimbursement. Simply stated, many court-appointed attorneys lose money taking these cases. They are hard cases and often last for years. There is absolutely no financial incentive for lawyers to take these cases.”
As your administration finalizes your decisions regarding the FY 2024-25 budget, I strongly encourage you to consider the significant impact that increasing funding for indigent representation would have on Tennessee’s judicial system. Also, please know that on behalf of the TBA and its thousands of members across Tennessee, we pledge to give this issue our full support in our discussions with the General Assembly.
Thank you for your consideration and for your continued service to Tennessee.
Sincerely,
Jim Barry
President, Tennessee Bar Association
cc: Lieutenant Governor Randy McNally
Speaker Cameron Sexton
Members of the Tennessee General Assembly
TBA Executive Committee