COMPENSATION FOR ATTORNEYS AND GUARDIANS AD LITEM IN DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS CASES -SUPREME COURT RULE 13

Attorneys representing indigent parents and guardians ad litem * in dependency and termination of parental rights cases are compensated by the Administrative Office of the Courts (AOC) at a rate of:

• $40.00 per hour for time spent in trial preparation and
• $50.00 dollars per hour for “time reasonably spent in court.” (“time reasonably spent in court" means time spent in courtroom proceedings before a judge.)

The maximum compensation of $500 (or $1000 if the juvenile court certifies the case is complex or extended) is paid in each of the following phases of a dependency case . Separate claim forms must be filed for each phase.

• Adjudicatory /Dispositional Phase: filing of the dependent, neglect, abuse petition through the dispositional hearing, including the preliminary hearing, pretrial conferences, staffing and ratification hearing of the permanency plan, adjudication and dispositional hearings.
• Post-dispositional Phase: post-disposition through permanency for the child, including foster care review board hearings or court reviews and permanency hearings.

The maximum compensation of $1000 (or $2000 if the court certifies that the case is complex or extended) is paid in the following proceedings. Separate claim forms must be filed for each.

• Termination of Parental Rights Hearing
• Appeal to Circuit Court
• Appeal to the Court of Appeals
• Appeal to the Supreme Court

To receive compensation above the caps, the attorney must submit a motion and order to the judge presiding over the case. The signed order must be submitted with the claim form to the AOC. The order must state the type of case and the circumstances that make the case complex or extended (i.e., the possibility of criminal self-incrimination, the case involves expert medical or mental health proof, or the case involves complex legal or factual issues.)

The AOC will reimburse expenses for:

• Copying at $.07 per page for copies made in the attorney’s office. Copying expenses incurred for copies made outside the office are reimbursed if accompanied by a receipt.
• Long distance phone calls, if supported by documentation (date, person called, purpose and duration of the call).
• Travel outside the county, including to and from the courthouse.
• Travel within the county to places such as school, client’s home, child’s placement. This does not include travel from the attorney’s office to court.

Counsel may be reimbursed for other expenses only upon prior approval by the judge presiding over the case with a specific finding in the order that the expenses incurred are necessary for the effective representation of counsel.Before these expenses are incurred there must be prior approval by the AOC.   These include:

• Postage;
• Computer based research;
• Office supplies;
• Video cameras;
• Photographs;
• Express mail delivery;
• Courier services;
• Out of state travel;

• Interpreters when needed to communicate with the client in the course of representation.
• Court Reporters (The AOC requests that the attorney make a video or audiotape of the deposition or proceeding. If a court reporter is necessary, the attorney should specify the reason(s) in the motion and order. If a transcript is necessary in proceedings other than termination of parental rights appeals, the attorney should file a motion stating the reason(s) for the transcript and obtain an order from the trial court and prior approval by the AOC. Transcripts in termination of parental rights appeals to the Court of Appeals require an order from the trial court but do not require prior approval from the AOC. The AOC will pay no more than $2.50 per page for transcription costs); and

The AOC will pay for the costs of expert services as expenses incident to representation, pursuant to Rule 13, Section 4. (Section 5 applies only to criminal cases.) Counsel may be reimbursed for expert services only upon motion and prior approval by the judge presiding over the case. Before these expenses are incurred there must be prior approval by the AOC . The attorney must file a motion with the court that includes the following:

• The nature of the services (the type of expert and the service being sought);
• The name and address of the person providing the service;
• A particularized need for the service requested;
• If the expert is not located in Tennessee, an explanation for not obtaining the services in Tennessee;
• The means, date, time and location of the services to be provided; and
• A statement of the itemized costs of the services and the amount expected for additional or incidental costs.

The order authorizing the expert services must contain the following:

• Nature of the case;
• A constitutional finding (i.e., the services are necessary to ensure the protection of the client’s constitutional right to raise his/her children);
• A finding of a particularized need for services;
• The name and address of the person approved to provide the service (If the expert is not located in Tennessee, a finding of why such services are not available in Tennessee);
• An hourly rate (not to exceed $150 per hour unless approved by the Chief Justice) and a finding that the rate is reasonable;
• The dollar amount of services being approved (not to exceed $5000 unless approved by the Chief Justice).

Before the attorney incurs any expense that requires prior authorization of the AOC, the attorney should fax a copy of the signed order to INDIGENT DEFENSE at the AOC at 615-741-6285. The INDIGENT DEFENSE staff should then be contacted at 615-741-2687 to verify approval of expenses or if you have any questions.

* Legislation to modify the amount of compensation for guardians ad litem became effective June 7, 2001. Any activities completed on a case prior to June 7, 2001, will be processed in accordance with prior law, i.e. the $500 cap and the maximum of $100 per day in-court applies. In the same case, activities completed after June 7, 2001 will be processed pursuant to the amended statute. For example, on a dependency case the guardian ad litem has incurred activities totaling $600 prior to June 7 and $200 after June 7, and the case is certified as complex by the court. The guardian ad litem will receive the maximum of $500 for services provided prior to June 7 plus $200 for services after June 7, for a total of $700. In a termination of parental rights case where activities prior to June 7 total $600 and those after June 7 total $200, the guardian ad litem will receive the maximum of the $500 prior to June 7 and $200 after June 7, for a total of $700. The case would not have to be certified complex as the new maximum of $1000 applies to activities after June 7. If, in the same case, all activities after June 7 total over $500 and the case is certified complex by the court, the guardian ad litem will be compensated the maximum of $500 for activities completed prior to June 7 and up to $1500 for activities completed after June 7, for a total not to exceed $2000.