A rule detailing how attorneys and experts, such as psychiatrists and investigators, are paid by the state in cases involving indigent criminal defendants would be tightened under a proposal filed Monday by the Tennessee Supreme Court. The court’s proposal also sets out payment guidelines for foreign language interpreters and translators.
The state’s indigent defense budget for the current fiscal year is $16.9 million, including $1 million appropriated by the legislature for court-appointed interpreters and translators. The Administrative Office of the Courts receives and reviews indigent defense claims and disburses the payments. In fiscal year 2002, more than 58,000 claims were processed for payment.
The court’s new proposal dealing with how court-appointed attorneys, experts and foreign language interpreters and translators are paid is the result of a months-long effort by the court to ensure that state funds are used efficiently.
The court set a Nov. 14 deadline for public comments on the proposed amendment, which rewrites Supreme Court Rule 13. Written comments should be addressed to Appellate Court Clerk Cecil Crowson, 100 Supreme Court Building, 401 Seventh Ave. No., Nashville 37219-1407.
If the court’s amendment is adopted to replace the existing rule, judges hearing criminal cases will be required to enter a court order after finding that a defendant is indigent. The change also would clarify the court’s role when an indigent party waives the right to an attorney.
The rule makes it clear that only one state-paid attorney is allowed in non-capital cases and spells out that a higher in-court hourly rate will not be paid for time spent waiting for a case to be called or for time spent driving to and from a clerk’s office to file documents. Attorneys in non-capital cases are paid $40 for out-of-court preparation and $50 an hour for time spent in court. In capital cases, lead attorneys are paid $100 for in-court time and $75 for out-of-court work. For co-counsel and post-conviction counsel, the rates are $80 and $60 per hour.
Changes proposed by the court also list expenses for which court-appointed attorneys could be reimbursed and requires documentation for the claims. Any expenses not listed in the rule would require prior authorization by the judge and the administrative director of the courts.
Indigent defense attorneys should make “every effort” to use experts from Tennessee, the court said in its amended rule. If no in-state expert is available, attorneys should seek the services in a neighboring state and, that failing, a motion would be filed explaining efforts made to comply.
For the first time, the rule also would set hourly maximum rates experts could charge the state, based on the type of service provided. For example, the maximum for medical doctors and psychiatrists would be $250 an hour and for investigators, $50 an hour.
The court’s proposed amendment sets out what information must be included in or attached to court orders authorizing funding for experts and reminds judges and attorneys that recent Supreme Court amendments require prior approval by the administrative director of the courts or the chief justice.
In an order filed with the amendment, the court adopted a portion of the proposal effective immediately to set hourly rates and guidelines for payment of foreign language interpreters and translators. The services may be authorized by judges in cases in which an indigent party has limited English proficiency and language may be a barrier to understanding and exercising legal rights.
The Supreme Court adopted rules last year requiring that foreign language court interpreters be tested, credentialed and required to follow an ethics code. Prospective interpreters are being trained, tested and credentialed through the Administrative Office of the Courts in conjunction with the Tennessee Foreign Language Institute.