Tennessee
The 6th Amendment In Tennessee
The state of Tennessee funds almost all indigent defense services in adult criminal trials, with some local governments contributing to the costs. Public defender offices provide primary services across all judicial circuits and private attorneys provide conflict services statewide. A state commission oversees some of the private attorneys providing conflict services.
The state of Tennessee funds almost all indigent defense services in adult criminal appeals, with some local governments contributing to the costs. Public defender offices provide primary appellate services across all judicial circuits and private attorneys handle conflict cases statewide. A state commission oversees some of the private attorneys providing conflict services.
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92 Counties State Funded
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1 County Primarily State Funded
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2 Counties Shared State and Locally Funded
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93 Counties State Administered
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2 Counties Locally Administered
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95 Counties with a Commission With Limited Authority
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92 Counties State Funded
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1 County Primarily State Funded
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2 Counties Shared State and Locally Funded
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92 Counties State Administered
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1 County Shared State and Locally Administered
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2 Counties Locally Administered
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95 Counties with a Commission With Limited Authority
In 30 of Tennessee’s 32 judicial districts, voters elect a chief public defender to head a public defender office, which provides primary representation across the district. The offices are state funded, but counties can supplement funds. In the other two districts, representing the state’s two largest counties (Shelby and Davidson), county-administered public defender offices provide primary services. Shelby and Davidson Counties can decide whether to appoint or elect the chief public defender. These two offices are jointly funded by the state and county. All 32 chief public defenders together form the Tennessee District Public Defenders Conference (DPDC), an organization that advocates for funding before the state legislature. DPDC supports indigent defense providers but does not exercise oversight of the delivery of trial-level services.
The state-funded Appointed Counsel Commission (ACC) administers and oversees services for conflict cases through regional offices. Each office assigns conflict cases to contract counsel within their region. For judicial districts not yet covered by a regional office, trial courts maintain a list of private attorneys to appoint based on rules set by the state supreme court. These private attorneys are paid hourly at state expense.
In 30 of Tennessee’s 32 judicial districts, voters elect a chief public defender to head a district-wide public defender office. In the other two districts, representing the state’s two largest counties (Shelby and Davidson), the county establishes a local public defender office. All 32 chief public defenders together form the Tennessee District Public Defenders Conference, an organization that advocates for funding before the state legislature. The 32 conference members elect an executive director, who is responsible for operating a statewide appellate office. The appellate office, staffed by public defenders, handles most appeals, except that the two local offices handle their own appeals, and the district public defender office for Knox County handles some of its own appeals. The state funds the appellate office and the district public defender offices, though counties can supplement funds. The two local public defender offices are jointly funded by the state and county.
For conflict cases, the state-funded Appointed Counsel Commission administers and oversees services through regional offices. Each regional office assigns conflict cases to contract counsel within their region who are paid by the state. For judicial districts not yet covered by a regional office, private attorneys are appointed and paid on an hourly basis at state expense.
Dig Deeper
Who serves on the Appointed Counsel Commission (ACC)?
Are counties allowed to augment state funding of district public defender offices?
Are there any staffing requirements for a district public defender office?
How does state funding work for the two local public defender offices?
Does the Tennessee District Public Defenders Conference have an executive director?
Are there any requirements for appointed counsel in capital cases?
Is an indigent defendant required to pay a fee for their appointed counsel?
In which branch of state government does the indigent defense system reside?
Support 6AC
Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
The Sixth Amendment Center is a tax-exempt 501(c)(3) nonprofit organization under EIN: 45-3477185.
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