TBA Law Blog


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Posted by: Azya Thornton on Feb 5, 2025

The TBA has released the February episode of its BarBuzz podcast, featuring a deep dive into the association’s advocacy efforts now that the Tennessee legislative session is underway. In this episode, TBA Executive Director Sheree Wright is joined by TBA lobbyists Berkley Schwarz and Ashley Harbin, who, along with Brad Lampley, lead the TBA’s legislative initiatives. The group discusses how the TBA identifies and addresses key legislative issues, with a focus on the current session’s proposals, which include adoption, family law and probate bills. They also explore the TBA’s role in defending against legislation that could impact the practice of law and highlight efforts to improve legal services for indigent clients. The conversation wraps up with insights on how TBA members can get involved in advocacy work during this crucial time. BarBuzz is a monthly show that recaps legal news, upcoming TBA events and more. It is available on the TBA’s website or wherever you listen to podcasts. Find past episodes in the BarBuzz archive.

Posted by: Liz Slagle Todaro on Jan 31, 2025

The most recent installment of TBA's Indigent Representation Primer is now available. The item provides an overview of national organizations and agencies focused on resources and advocacy for the juvenile justice system. All lawyers working in the juvenile justice system have a role that is both crucial and challenging, balancing high caseloads, limited resources and systemic issues, and they benefit from specialized resources and advocacy. Some national groups provide direct support, education and resources designed for lawyers and other professionals working in the juvenile justice system, while other groups deliver research and advocacy expertise geared toward criminal justice reform and broader systemic impact. Read all past Indigent Representation Primer posts.

Posted by: Liz Slagle Todaro on Jan 29, 2025

TBA's Indigent Representation Primer series recently featured an item focused on appointed counsel for minors facing criminal charges. In Tennessee, juveniles charged with delinquency are guaranteed a right to counsel, and if they cannot afford to hire an attorney, the court will appoint a public defender or private attorney. Tennessee law mandates that juveniles must be provided with counsel in cases where the child faces the possibility of incarceration or other serious consequences. Judges also have the discretion to appoint counsel in cases where a juvenile is not at risk for incarceration but is facing fines or court-ordered services. Juvenile delinquency cases present a unique set of challenges in the legal system and the role of appointed counsel is critical to ensuring fair treatment for youth in the justice system. Attorneys appointed to represent a juvenile charged with a crime in Tennessee play an essential role in providing legal defense, ensuring the juvenile’s rights are protected, advocating for rehabilitation and working toward a favorable outcome for the child.

Posted by: Liz Slagle Todaro on Jan 24, 2025

This week's installment of TBA's Indigent Representation Primer is now available. Guardians ad litem (GALs) and legal counsel for children play an essential role in the judicial system, particularly in family law cases involving minors. These attorneys, appointed to represent the best interests of children, frequently navigate emotionally charged cases, including custody disputes, child abuse and neglect proceedings and adoption cases. The dedicated legal professionals working in these areas, as well as those representing juveniles facing incarceration, benefit from specialized training and resources. Today's primer post has an overview of national organizations focused on providing support for legal professionals that represent and work with children, including guardians ad litem, attorneys representing children, judges, legal volunteers and other professionals. These organizations provide education and training, research, best practices, advocacy and other resources to help these professionals effectively advocate for children. Learn more about the national resources available and read all past primer posts.

Posted by: Liz Slagle Todaro on Jan 22, 2025

TBA's Indigent Representation Primer series recently featured an item that looks at the right to counsel for indigent parties in criminal cases, including factors that courts may consider in determining to appoint an attorney for a defendant. Procedures for appointing counsel may vary by court, but typically function through a combination of public defender offices and court-appointed private attorneys. Tennessee's state constitution and state law align with the Sixth Amendment and federal rulings that guarantee indigent defendants receive legal representation in criminal cases where they are facing incarceration. There are other situations where the right to appointed counsel may be guaranteed, including cases involving juveniles, some immigration cases and both trial and appeals for individuals facing the death penalty.

Posted by: Liz Slagle Todaro on Jan 17, 2025

This week's installment of TBA's Indigent Representation Primer is now available. The new post explores how the increasing strain on our appointed counsel system has ripple effects across the legal and broader community. The crisis in indigent representation is not just a problem for criminal defendants; the entire legal system is impacted by delayed trials, overburdened courts and disrupted proceedings that can stem from a shortage of appointed counsel. The consequences of delays and disruptions extend beyond the courtroom, affecting victims and their families, the families of defendants, children caught in the system, and the larger community. These challenges highlight the urgent need to address the issues with the system, including more resources for the lawyers in this crucial role. Read all past primer posts.

Posted by: Liz Slagle Todaro on Jan 9, 2025

Tennessee Supreme Court Rule 13 provides for the appointment of counsel for indigent parties with a statutory or constitutional right to legal representation. Recent posts from TBA's Indigent Representation Primer have included an overview of the process for appointing counsel, which follows a determination by the the court that a litigant is indigent, and eligible for appointed counsel. For criminal cases, district public defender offices are typically the initial source for appointed counsel; however, 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 cases, as well as juvenile dependency and neglect cases or when a Guardians ad Litem (GAL) is required, the court may appoint a private attorney instead. In Tennessee, a court's selection of an appointed attorney may be based on a combination of factors, including availability, expertise and conflict checks. Read all past primer posts and look for new topics each week. 

Posted by: Liz Slagle Todaro on Jan 3, 2025

Do you have questions about how Tennessee's system of indigent representation works? Have you had experience as an appointed attorney that you would like to share? There are several ways to connect with TBA to share questions and experiences. 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 are invited to complete this survey, which includes specific questions about court appointed representation. The TBA's continuing efforts to provide education and resources related to the state's system of appointed counsel also includes the Indigent Representation Primer series, which shares background and updates about indigent representation in Tennessee. More information is available on the TBA's Indigent Representation Resource page.

Posted by: Liz Slagle Todaro on Dec 27, 2024

This week's installment of TBA's Indigent Representation Primer is now available. The new post highlights the demand for indigent defense in the criminal justice system and the impact on the broader legal system when representation is not readily available. Millions of Americans cannot afford a private attorney, relying on appointed counsel, whether public defenders or private attorneys, who are designated to take indigent cases. Available research estimates at least 80% of criminal defendants at the state level and 90% of defendants in federal felony cases are eligible for appointed legal counsel. The criminal justice system continues to balance these growing needs with adequate funding, manageable caseloads, and consistent standards for appointed counsel. The strain on appointed counsel systems is not just a problem for criminal defendants, the entire legal system is impacted by delayed trials, overburdened courts and disrupted proceedings. In addition, challenges in indigent representation systems ultimately affect victims, the families of defendants, children caught in the system and the larger community. The TBA Indigent Representation Primer will look at more of these indirect effects in upcoming installments. Read past primer posts.

Posted by: Liz Slagle Todaro on Dec 20, 2024

This week's installment of TBA's Indigent Representation Primer is now available. The new post provides information about the process for appointing counsel for indigent clients in Tennessee. 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 criminal cases, district public defender offices are the initial source for appointed counsel, however, 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 cases, as well as juvenile dependency and neglect cases or when a Guardians ad Litem (GAL) is required, the court may appoint a private attorney instead. In Tennessee, a court's selection of an appointed attorney may be based on a combination of factors, including availability, expertise or conflict checks. Read past primer posts.


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