The TBA continues to share resources across communication platforms to help educate Tennessee lawyers about the state's system of indigent representation, which plays a crucial role in ensuring that individuals' right to counsel is provided for. This article highlights the factors that courts may consider in determining to appoint an attorney for a defendant.

December 20, 2024

Tennessee's indigent representation system provides legal services for persons who are constitutionally entitled to legal counsel but who are unable to pay for legal services. The types of cases covered include dependency and neglect, as well as termination of parental rights cases (representation for parents and children), and criminal defendants in jeopardy of incarceration.

After the court has determined a litigant indigent, and eligible for appointed counsel, they must ensure that the defendant receives legal representation by appointing an attorney. Tennessee Supreme Court Rule 13 articulates the right to counsel and procedure for appointment of counsel, which may be one of the state’s public defenders or a private attorney.

In Tennessee, public defender offices are typically the initial source of appointed counsel. Tennessee's district public defenders are attorneys, elected in each judicial district; offices are staffed by attorneys who are employed by the state or county and are responsible for representing indigent defendants in criminal cases. In 1989, Tennessee created a statewide public defender system with an elected public defender in each judicial district.

Due to inherent limitations, such as conflicts of interest or high caseloads, it is impossible for public defenders to serve all the state’s indigent defendants. In these instances, when a public defender cannot represent the indigent defendant or juvenile, the judge may appoint a private attorney instead. Also, while public defenders typically provide representation for juvenile delinquency cases, they do not cover juvenile dependency and neglect cases or serve as Guardians ad Litem (GAL).

Rule 13 provides that "Each general sessions, juvenile, trial and appellate court shall maintain a roster of attorneys from which appointments will be made. However, a court may appoint attorneys whose names are not on the roster if necessary to obtain competent counsel according to the provisions of this rule." In Tennessee, the selection of an appointed attorney may be based on a combination of factors, including availability, expertise or conflict checks. In some counties, an attorney may be appointed from a rotating list of private practitioners who have agreed to take on appointed counsel cases. In other cases, the court may personally select an attorney based on the specifics of the case and the lawyer’s experience level.

In order to maintain a fair and efficient system and constitutionally-guaranteed rights, every defendant must have the opportunity for a competent defense, whether their attorney comes from a public defender’s office or is a private practitioner appointed by the court. For more information, check out Tennessee Court Talk, an educational podcast from the Tennessee Administrative Office of the Courts. The podcast has a featured series that provides more information about our state's appointed counsel system, including episodes focused on general topics and program updates, as well as some that discuss specific logistics helpful for private attorneys who take appointed cases.

Get Involved

The TBA is looking for your input! Share your questions or topics that you would like to hear about in this series. There are several ways to connect with TBA to share your questions or experiences with indigent representation. Attorneys interested in learning more about TBA's grassroots advocacy efforts can sign up for TBA Grassroots Advocacy Updates, which will highlight related policy content across all of TBA's communication platforms. Attorneys with experience working with clients who are indigent or vulnerable, should complete this survey, which includes specific questions about court appointed representation. Looking for more information? Check out our Indigent Representation Resource page.