November 8, 2024

Tennessee’s system of indigent representation plays a crucial role in ensuring that individuals who are constitutionally entitled to legal counsel but cannot afford to hire an attorney are provided with competent legal representation. The types of cases covered include dependency and neglect and termination of parental rights cases (representation for parents and children), as well as criminal defendants in jeopardy of incarceration.

The Administrative Office of the Courts (AOC) administers the indigent representation fund, which compensates attorneys, interpreters, experts and investigators for providing services to indigent defendants. Supreme Court Rule 13 provides additional information about eligibility and types of cases covered and logistics and ethical considerations for attorneys taking on appointed cases. The Tennessee Supreme Court sets the hourly reimbursement rate and caps for court-appointed attorneys representing indigent clients and funding for the program is via the state's general fund, as determined by the General Assembly.

Last year, the TBA supported the AOC’s full budget request, which would have funded a raise of the hourly rate from $50 to $80. Ultimately, the appropriation in the final budget funded only a $10 increase. While this is a step towards more adequate compensation for the lawyers who serve in these cases, there is still a significant gap to fill. The TBA will continue to fight for additional funding for our state's indigent representation program.

Upcoming primer topics include more information about the role of guardians ad litem, the AOC Claims and Payment system and examples of programs from other jurisdictions.

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.