‘Rule 13’ Changes May Not Be Enough for Attorneys

Potential increases to indigent defense compensation may not be enough in the eyes of attorneys.

That according to Cookeville Attorney Gordon Byars of Byars Law Office.

The Tennessee Supreme Court is soliciting comments on a potential amendment to Rule 13, increasing hourly rates for indigent defenders from $40 to $50.

“The downside to it is it still makes [Tennessee] last or second-to-last in compensation amongst the 50 states in terms of indigent defense,” Byars said.

The amendment would also increase caps on compensation an attorney can receive for certain cases.

Byars said he and others lose money in cases in which the compensation cap is not waived.

“Just a personal example, I represented someone on a first-degree murder case last month,” Byars said. “The cap for a felony like that is $2,500. So it doesn’t take long to see at 280 hours of work, at $40 to $50 an hour of work, I have blown that cap out of the water.”

Craig Fickling is the Public Defender of the 13th Judicial District. He said the potential pay increase could be beneficial.

“You’re doing the fair thing to those who are doing these types of cases,” Fickling said. “You’re putting them in a position where they are not losing money… and encouraging good attorneys to take on tough cases.”

Byars, who serves as the Putnam County Bar Association president, said he and others across the state have submitted comments regarding the proposed changes.

“I think everyone is in agreement that we’re glad to see it going in the right direction,” Byars said. “[But] it’s just not enough, and I don’t know what the answer is because it’s very difficult to get the legislature to give money to these types of things.”

The Court states compensation caps on Class A and B felonies – including first-degree murder charges – would increase from $2,500 to $3,000.

The proposed Rule 13 amendments would be the first of their kind in 20 years. The changes come after Governor Bill Haslam signed $9.7 million in indigent defense spending across the state.