Tenn. R. Sup. Ct., r. 13, 1
Explanatory Comment:
Sections 1(d)(2)(C)(iii)-(v) and 1(d)(2)(D)(ii)-(iv) follow the language of Tenn. Code Ann. § 37-1-150(g)(1), (3), and (5) and explicitly gives the trial court discretion to inquire of the parties' ability to defray the fees of the Guardian ad Litem. Upon conclusion of the matter, any funds paid into the registry of the Clerk of Court for the Guardian ad Litem fees that are not paid by the Clerk directly to the Guardian ad Litem under an order of the Court, are to be sent to the AOC to be paid over to the Guardian ad Litem. Section 1(d)(2)(F) has been added pursuant to Tenn. Code Ann. § 36-1-146 Section 1(e)(2) emphasizes that the finding of indigency must be evidenced by a court order. Section 1(e)(4)(A) emphasizes that trial courts "shall" appoint the public defender to represent criminal defendants unless a conflict of interest exists or in the sound discretion of the trial court, appointment of another counsel is necessary. Section 1(e)(4)(D) includes a specific standard that must be satisfied before counsel may refuse an appointment. Section 1(e)(4)(E) emphasizes that courts have a statutory duty to assess the administrative fee when appointing counsel as well as a statutory duty to consider whether the indigent party can afford to defray a portion or all of the costs of representation. Section 1(e)(5) clarifies that appointed counsel is obligated to represent the indigent party until the case is concluded, including all appeals, or until a court allows counsel to withdraw. Section 1(f) delineates the rights of indigent parties and the obligations of courts when an indigent party chooses to proceed without counsel.