CLE Exemption Age Rises to 70 in RULE 21 Overhaul

Lawyers turning 65 in 2015 will continue to have to meet the CLE requirements under a set of more than 20 CLE rule changes adopted Dec. 16, 2014, by the Tennessee Supreme Court. The changes, driven by the CLE Commission, chaired by Columbia lawyer Ed Lancaster, came after more than a year of consideration and hundreds of comments.

Among other changes the amended Rule 21 requires five “live classroom hours” among the 15 annually required; removes the requirement for high-quality, thorough and readable written materials to accompany CLE activities; exempts full-time law professors from CLE requirements; permits credit for teaching law-related courses in community colleges; limits CLE credit for writing published articles; and gradually raises the age exemption for CLE to 70.

In addition, in a move widely criticized by every provider who commented on the proposal, the court requires the commission to begin publishing proprietary data regarding the number of people attending each individual CLE program. Beginning in 2016, the compliance periods for late compliance with the CLE rule are shortened.

In a related development the rule puts an end to Tennessee’s program for certification of specialization administration by the commission, leaving accreditation of certifying organizations and lawyers claiming specialization to the American Bar Association.

Among other issues, Tennessee Bar Association Executive Director Allan F. Ramsaur said, the TBA comments on the proposal opposed the change in the exemption age, argued against the live classroom hours provision, and urged the court to retain the quality written materials requirement.

SURVEYS

Court-Appointed Attorneys Pay Rate Same for 20 Years
A recent survey of private attorneys who handle court-appointed work shows they feel undervalued, overworked and unfairly compensated. With a compensation rate that has not changed since 1994, Tennessee court-appointed attorneys are among the lowest paid in the nation. Some reported earning less than half as much per hour to try a murder case as expert witnesses earn to testify, the Commercial Appeal reported.

More than half of those who took the survey, conducted by the Tennessee Bar Association last fall, reported that they frequently hit the fee cap on appointed cases, while 77 percent reported that they do not bother submiting a fee claim given the challenges associated with getting paid.

Survey responses also indicated an overwhelming number of cases are not adult criminal cases, but dependency, neglect and abuse work, generally as a guardian ad litem or a parent’s attorney.

More than half of respondents left lengthy comments on their experience with court appointed work, with many reporting that they love doing the work but cannot continue doing so at the current compensation rates, likening the work to doing pro bono. 

COURTS

Confirmations Up, Judicial Openings Down 
The number of empty federal judgeships is now at its lowest level since President Obama’s first year in office, the Brennan Center reports. As of Nov. 28, 2014, there were 56 federal court vacancies, of which 19 were considered judicial emergencies. The Senate is poised to conclude its most productive two-year period of judicial confirmations since the Clinton administration, when it confirmed 128 judges during 1993-1994. The current Senate has confirmed 122 since January 2013, with more confirmations likely upcoming.

AOC Clarifies Rule Allowing Fixed-Fee Contracts for Indigent Representation  
Tennessee’s Administrative Office of the Courts clarified on Dec. 3, 2014, the recent adoption of a new Rule 13, Section 7, allowing flat fee contracts for court-appointed work in the areas of judicial hospitalization, child support contempt and dependency and neglect cases. The office reiterated that the new rule does not require but merely allows fixed fee contracts in these case areas, nor does it require the AOC to award contracts to lowest bidder or engage in bidding at all. The AOC indicated that the first area to use the new contract method will be Shelby County in judicial hospitalization cases. Beginning this month, judges may still assign attorneys to these cases, but only those who agree to the new contract system.

YOUNG LAWYERS

Mock Trial Case About Texting,  Driving and Homicide 
The case for 2015 Tennessee High School Mock Trial Competition, announced recently by the TBA Young Lawyers Division Mock Trial Committee, involves charges of vehicular homicide and reckless endangerment against the driver of a car, who may have been texting when a motorcycle rider is hit and killed. The case comes down to discrepancies in eyewitness reports, physical evidence at the scene and the vehicle’s event data recorder.

The list of district coordinators also is now available. This year for the first time, TBA is using Twitter to communicate case and competition news — follow at @tnmocktrial.

ACCESS TO JUSTICE

CLE Commission Awards $100,000 for ATJ Initiatives 
The Tennessee Commission on Continuing Legal Education awarded more than $100,000 in grants to support Access to Justice initiatives in the state in November. The grants will extend by one year each the pro bono coordinator position and the aLEGALz project. The grants come from the commission’s reserves, funded from fees paid by attorneys who do not meet CLE requirements. Tennessee Supreme Court Chief Justice Sharon Lee said, “These programs play a significant role in identifying opportunities and aligning the appropriate resources, and we are grateful that the funding to continue them was possible.”