Most of you have heard that a new system for selecting, funding and training attorneys who take our conflicts is coming, but nobody seems sure of exactly what it will look like, in large part because the Administrative Office of the Courts got funding to move forward without any authorizing legislation spelling out the details. Apparently no legislation was needed because the Tennessee Supreme Court intends to implement the new system by rule, not statute. However, based on the proposals as detailed in testimony in the General Assembly, it appears that the big idea is this: rather than the current system of paying attorneys the same hourly rate for every case, the Court intends to design a sort of hybrid system that will combine attorneys subject to flat fee contracts with attorneys making different hourly rates based on (a) experience and (b) charge level. These claims will be administered by one of the three (one for each Grand Division) administrative centers staffed with attorneys who will maintain a roster of eligible attorneys, process claims, and, according to testimony, maintain a caseload. Appointments will come from these regional administrators, not the Courts. These centers will be overseen by an Executive Director who will in turn be overseen by an appointed board.
None of those people – Executive Director, Board Members, or staff — have been hired yet, and given the sea change this represents for appointed attorneys, it should take years to fully implement. Given the need: a system, real estate, employees, computers, software, etc., it promises to be a massive undertaking. The good news is that those involved appear aware of the magnitude of the task, and have promised to be open to input going forward.