Lawyers paid by the state torepresent indigent criminal defendants will have to get prior approval by the trial judge and administrative director of the courts before hiring investigators or experts, such as psychiatrists, under an amended rule adopted Monday by the Tennessee Supreme Court.
The amendment, effective July 1, also clarifies that attorneys must obtain advance approval by the administrative director of the courts before incurring any expenses, including those for expert and investigative services. All claims denied by the director will be submitted to the chief justice, who may, if warranted, reverse the denial.
“This amendment clarifies Supreme Court Rule 13 to ensure that state funds are managed carefully,” Chief Justice Frank Drowota said. “While the rule already required the director and chief justice to approve certain expenses, it was not entirely clear. Often the claim was reviewed after the work had been done, making it awkward to deny the claim for expert services. This change puts an end to that.”
The amended rule continues to require prior approval by both the administrative director and chief justice if the amount requested exceeds $5,000 or the expert’s hourly rate exceeds $150. Administrative Director Connie Clark said there was some confusion among lawyers concerning prior approval when seeking payments in increments of $5,000 or less. With the change, they will have to receive prior approval by the court administrator for all claims, regardless of the amount.
“We also have had some cases of attorneys seeking payment for questionable experts and submitting bills after the services had been rendered,” Clark said. “Again, that made denying claims awkward, although some claims for payment have been turned down.”
Under the clarifying amendment all claims for experts, investigators or expenses submitted to the Administrative Office of the Courts for prior approval must be accompanied by a detailed trial court order explaining why the expenses are necessary for protection of the defendant’s constitutional rights.
The state’s indigent defense budget for the fiscal year beginning July 1 is $16.9 million. The Administrative Office of the Courts receives claims and disburses the payments. The office also reviews each claim and checks for errors and abuses, Clark said.In fiscal year 2002, more than 58,000 indigent defense claims were processed for payment.