TBA Grassroots Advocacy

One of the most important responsibilities of the TBA is to advocate for the legal profession and our system of justice with Tennessee lawmakers. TBA’s Government Affairs team is committed to affect positive change on behalf of Tennessee attorneys during the 2024 session of the 113th General Assembly, and we need your help! Please consider joining TBA’s Grassroots Advocacy efforts to receive action alerts as relevant policy issues arise, including increasing the reimbursement rate for indigent representation. Respond to this survey at www.tba.org/Grassroots-IR-Survey to ensure that your voice is heard.

Indigent Representation in Tennessee

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. The Tennessee Supreme Court noted recently that it hears almost daily from judges who cannot find lawyers to represent citizens who are entitled to counsel. The judges characterize the current system as “teetering on the brink,” and said that the juvenile court and criminal justice systems are “running out of options.” The situation is particularly significant for solo practitioners, small firms and attorneys that practice in Tennessee’s rural counties.

In January, TBA President Jim Barry sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly, urging support for the Tennessee Supreme Court's request to increase funding for court-appointed attorneys representing the indigent. The TBA's letter points to the "significant impact" indigent representation has on the judicial system, and commits to giving this issue its full support in discussions with the General Assembly: "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." Read the full text of the letter at www.tba.org/GA-IndigRep-Letter-Lee-Jan26.

Based on Gov. Lee’s State of the State address in February, it appears that many areas of the judicial system are slated to be funded at the same levels that are in the current budget, including indigent representation; however, increased funding for indigent representation remains a top priority of TBA. TBA is encouraging Tennessee attorneys to convey to their elected legislators how serious this problem is, the toll it is taking on the entire judicial system and the need for increased funding for indigent representation (find your Tennessee legislators at www.capitol.tn.gov/legislators). For more information and talking points, visit www.tba.org/Grassroots-Indigent-Representation.

Schwarz Heading Up Lobbying Firm

Berkley Schwarz served as TBA’s director of public policy & government affairs since 2018, where she shaped public policy as it relates to the law and the legal profession. In January, Schwarz transitioned to her own lobbying firm, Pier Strategies, and will continue to represent the TBA by advocating for attorneys in Tennessee before the General Assembly and the administration. An attorney licensed in Tennessee, Georgia and Mississippi, Schwarz previously worked for the Tennessee Secretary of State and before that for the U.S. House Judiciary Committee, the U.S. Department of Justice and was senior vice president, government affairs, for the National Music Publishers’ Association in Washington, D.C.  When the Tennessee General Assembly is in session, Schwarz hosts the Legislative Updates podcast with co-hosts Brad Lampley and Ashley Harbin, attorneys at Adams and Reese and TBA lobbyists. Contact Schwarz at bschwarz@pierstrategies.net.

TBA members met with Rep. Jason Powell, center, during the 2023 Day on the Hill.

Save the Date for TBA Day on the Hill, Big Shrimp

Join your TBA colleagues in Nashville on March 20 for our second annual TBA Day on the Hill. Attendees will have the chance to meet with members of the Tennessee General Assembly, attend committee meetings and hear from state government officials. Day on the Hill participants, state legislators and their staff are then invited to TBA’s Big Shrimp legislative reception that evening. The event gives TBA leaders and members a chance to meet with legislators and continue those conversations in a casual setting. Visit www.tba.org/TBA_DayOnTheHill to register. On April 10, TBA leaders will travel to Washington, D.C., for the American Bar Association’s Day on the Hill. They will meet with Tennessee’s congressional delegation to advocate for issues important to the legal profession.

Left to right: Jonathan Cole; George T. "Buck" Lewis, former TBA president; Linda Klein, former ABA president.

Cole Elected Chair of ABA House of Delegates

Jonathan Cole, a shareholder in the Nashville office of Baker Donelson, has been nominated by the American Bar Association House of Delegates as the chair-elect of the 597-member policymaking body for a two-year term that begins after the Annual Meeting this August. This position is the second ranking officer in the ABA and serves as its chief policy officer.  Cole has served as chair of the ABA Standing Committee on Bar Activities and Services and the ABA Young Lawyers Division, and he is past president of the National Conference of Bar Presidents and the Nashville Bar Association. The HOD 69-member nominating committee endorsed Cole in a contested election on Feb. 5. during the ABA Midyear Meeting in Louisville, Kentucky.

TBALL Now in Its 20th Year

The TBA's Leadership Law Program (TBALL) held an opening retreat for the 2024 class at Henry Horton State Park in January. Featured speakers and presenters included TBA President Jim Barry, TBA Executive Director Sheree Wright, Nashville School of Law President and Dean William C. Koch Jr. and attorney Randall L. Kinnard. The weekend also included a judge’s panel led by TBALL alumni now serving on the bench. The 2024 class will hold meetings in Nashville, Knoxville, Chattanooga and Columbia, culminating in a graduation ceremony in Memphis during the annual TBA Convention. The TBALL program aims to serve the legal profession by equipping participants with the vision, knowledge and skills necessary to serve as leaders. Now in its 20th year, the 2024 class includes 36 participants from around the state.

Gov. Lee Appoints Wagner to Supreme Court

Gov. Bill Lee nominated Shelby County Circuit Court Judge Mary L. Wagner to fill an upcoming vacancy on the Tennessee Supreme Court. “Mary is a highly qualified judge who will bring significant experience to the Tennessee Supreme Court,” Gov. Lee said in making the announcement. “Her understanding and respect for the rule of law and commitment to the conservative principles of judicial restraint make her well-suited for the state’s highest court, and I am proud to appoint her to this position.” Wagner will fill a vacancy that will occur when Justice Roger A. Page retires on Aug. 31. Wagner, 39, is a TBA member and alumna of the association's Leadership Law Program. She earned her law degree from the University of Memphis Cecil C. Humphreys School of Law and was appointed to the circuit court in 2016 by then-Gov. Bill Haslam. She won reelection in 2018 and 2022.

Executive Director Bernstein to Retire from Tennessee Bar Foundation

Tennessee Bar Foundation Executive Director Barri Bernstein will retire in mid-2024. Bernstein was the initial executive director of the foundation and has served in the role since 1985. The foundation has begun a search for a new executive director. Information about the position and how to apply is available at tnbarfoundation.org/careers-at-tbf.

Write to the Journal

Letters to the editor are welcomed and considered for publication on the basis of timeliness, taste, clarity and space. They should include the author’s name, address and phone number (for verification purposes). Please send your comments to editor@tnbar.org. |||