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Date: November 25, 2024 Mon
Time: 8:19 pm
Time: 8:19 pm
Results for tennessee
1 results foundAuthor: Indigent Representation Task Force Title: Liberty and Justice For All: Providing Right to Counsel Services in Tennessee Summary: Tennessee's programs providing legal assistance to eligible adults and children touch the lives of thousands of adults and children every day. At times when these persons are most vulnerable, they protect their liberties from unreasonable governmental interference. By leveling the playing field, these programs ensure that judicial proceedings are fundamentally fair. Historically, the responsibility for administering these programs has been divided among several independent state and local government agencies. This division of responsibility has (1) introduced complexity in the management, coordination, and oversight of these programs, (2) frustrated the consistent application of statewide rules and procedures, and (3) blunted the programs' ability to obtain funding. Over the past 18 months, the Task Force held meetings around the state to obtain first-hand information from those who work in Tennessee's criminal, juvenile justice, and child welfare programs. There is no doubt that these persons - the judges, the prosecutors, the public defenders, the appointed private counsel, and the law enforcement officials - are using their best efforts to fulfill their professional obligations as effectively and efficiently as possible. The information gathered by the Task Force established that there has been a dramatic increase in the ratio of cases to the justice system's capacity during the past 20 years. While the system has used its best efforts to manage the increasing caseload, its ability to continue doing so is not sustainable without additional resources. This report not only contains recommendations regarding much-needed additional resources but also recommendations that, if adopted, will (1) promote statewide uniformity in the programs providing legal assistance; (2) improve the quality of legal assistance being provided; and (3) enhance the management and oversight of these programs. These recommendations include: Completing a statewide data and reporting system to ensure the availability of timely and complete information required to manage and oversee the programs; Seriously considering the creation of an independent central commission to oversee all programs providing legal representation to eligible adults and children and transferring current programs to the new commission; Developing and implementing uniform statewide criteria and procedures for determining eligibility for services; Amending Tenn. Sup. Ct. R. 13 to eliminate the distinction between out-of-court and in-court compensation rates, to eliminate case caps and the "complex and extended" designation procedure, and to increase the rate paid to appointed private counsel to an hourly rate not less than $75 nor more than $125; Enacting a statutory requirement that public defenders be appointed to represent eligible parties in criminal and delinquency proceedings unless the public defender has a conflict of interest; Appropriating sufficient funds to the District Public Defenders to enable them to represent as many defendants in criminal proceedings and children in delinquency proceedings as possible; Considering alternatives to appointing private counsel in cases where the District Public Defender has a conflict of interest; and Adjusting Tenn. Sup. Ct. R. 13's caps on compensation paid to experts to market rates. During the course of its work, the Task Force received information regarding six issues that did not fall directly within the scope of its charge, but nonetheless could have significant impact on Tennessee's ability to continue to provide effective representation to eligible adults and children. These issues include: Digitalization of court records; Incarceration for failure to pay fines and fees; Children waiving their right to counsel; Pretrial release and the reliance on commercial bail bondsmen; Sentencing reform; and Issues relating to the funding of representation services, including (a) the heavy reliance on fees and taxes to fund the courts, (b) the allocation of state funding among the District Public Defenders, and (c) the respective funding responsibilities of the state and local governments. The Task Force has described these issues and recommends that the State's policymakers address them in another forum. Details: Nashville, TN: Indigent Representation Task Force, 2017. 204p. Source: Internet Resource: Accessed April 27, 2019 at: http://www.tncourts.gov/sites/default/files/docs/irtfreportfinal.pdf Year: 2017 Country: United States URL: https://www.tncourts.gov/press/2017/10/03/tennessee-supreme-court-backs-changes-states-indigent-representation-structure Shelf Number: 155586 Keywords: Criminal Defense Defense Counsel Indigent Representation Legal Aid Legal Assistance Legal Representation Private Counsel Public Defenders Right to Counsel Tennessee |