Tennessee

Gideon Alert: Tennessee Supreme Court proposes rule change allowing flat-fee contracting

BY David Carroll on Tuesday, August 23, 2011 at 4:11 PM

“When it comes to balancing the scales of justice for the poor with the expense, there simply are no easy answers,” concludes the Knoxville News Sentinel on August 21, 2011 in part of an in-depth, three-part series. The Tennessee Supreme Court proposed a new rule change that attempts to find an easy answer to controlling indigent defense costs by allowing flat-fee contracting for right to counsel services, but the Court has neglected to provide institutional safeguards that would protect the adequacy of representation.  If implemented, this move will buck the trend of other state Supreme Courts, in places like Iowa and Washington, that have recently banned these types of low-bid contracts because they create a direct financial conflict of interest between the attorney and each client.  Tennessee’s high court is accepting public comment on their proposed rule until September 1, 2011.

The National Legal Aid & Defender Association studied right to counsel services in the state of Tennessee in 1977. This is their report.

Author/Organization: National Legal Aid & Defender Association
Publication Date: 1977

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

FLAG THIS CONTENT

The AOC was tasked by the Tennessee legislature with "conducting a study of the rising costs of indigent defense in the state and to develop a plan to reduce such costs. Such study shall examine, at a minimum, eligibility requirements, fee rates including sliding scale options, limits, verification processes, and utilization by judicial districts." This is the AOC's report from that study.

Author/Organization: Tennessee Administrative Office of the Courts
Publication Date: 01/15/2011

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

FLAG THIS CONTENT

 The Court is considering an amendment to Tenn. Sup. Ct. R. 13 to provide for an alternative method of compensating attorneys who provide legal services to indigent persons pursuant to the rule. In summary, proposed new Section 7 of the rule would authorize the Administrative Director of the Courts to enter into contracts with attorneys, law firms or associations of attorneys to provide legal services to indigent persons for a fixed fee.

Author/Organization: Tennessee Supreme Court
Publication Date: 07/2011

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

FLAG THIS CONTENT

The Constitution Project's response to Tennessee Court's solicitation for public comment on its proposed rule change allowing for flat-fee contracting in conflict cases.

Author/Organization: The Constitution Project
Publication Date: 08/19/2011

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

FLAG THIS CONTENT

David Carroll's response to Tennessee Court's solicitation for public comment on its proposed rule change allowing for flat-fee contracting in conflict cases.

Author/Organization: David Carroll, NLADA
Publication Date: 08/17/2011

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

FLAG THIS CONTENT

Gideon Alert: Tennessee Supreme Court issues advisory opinion on sitting prosecutor appointed to public defender commission

BY David Carroll on Friday, September 10, 2010 at 10:20 AM

The State of Tennessee provides the majority of the funding for the right to counsel and trial-level services are provided through a statewide system of elected public defenders from the state’s 31 judicial districts.  District 20 (Davidson County - Nashville) and District 30 (Shelby County - Memphis) are served by non-elected local public defender offices, which existed prior to creation of the state system in 1989. [Correction: The original posting of this article contained an error.  Davidson County's public defender is an elected official.]

The Tennessee court establishes that the Lt. Governor's appointment of a sitting district attorney general to the Post-Conviction Defender Commission violates prevailing standards.

Author/Organization: Board of Professional Responsibility of the Tennessee Supreme Court
Publication Date: 2010

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

FLAG THIS CONTENT

On July 13, 2010, Tennessee Lt. Governor and Speaker of the Senate appointed a sitting prosecutor to the Post-Conviction Defender Commission.  This letter of July 22, 2010 is NLADA's response to the blatant disregard of national standards on independence.

Author/Organization: David Carroll
Publication Date: 07/22/2010

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

FLAG THIS CONTENT

On July 13, 2010 letter from Tennessee Lt. Governor and Speaker of the Senate appointing a sitting district attorney general (prosecutor) to the Post-conviction defender commission.  Such appointments are prohibited under national standards.

Author/Organization: Tennessee Lt. Governor, Speaker of the Senate
Publication Date: 07/13/2010

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

FLAG THIS CONTENT