Section 2 - Compensation of counsel in non-capital cases(a)(1) Appointed counsel, other than public defenders, shall be entitled to reasonable compensation for services rendered that are directly related to the representation of a party as provided in this rule. Reasonable compensation shall be determined by the court in which services are rendered, subject to the limitations in this rule, which limitations are declared to be reasonable.(2) These limitations apply to compensation for services rendered in each court municipal, juvenile, or general sessions; criminal, circuit, or chancery; Court of Appeals or Court of Criminal Appeals; Tennessee Supreme Court; and United States Supreme Court.(b) Co-counsel or associate attorneys in non-capital cases shall not be compensated.(c)Hourly Rate: The hourly rate for appointed counsel in non-capital cases shall not exceed sixty dollars ($60) per hour for time reasonably spent preparing the case and time reasonably spent before a judge on the case to which the attorney has been appointed to represent the indigent party.(d)Maximum Compensation Allowed:(1) The maximum compensation allowed shall be determined by the original or highest class of felony or misdemeanor or allegations in the case. Except as provided in section 2(e), the compensation allowed appointed counsel for services rendered in a non-capital case shall not exceed the following amounts:(2) Six hundred dollars ($600) for:(A) Contempt of court cases where an adult or a juvenile is in jeopardy of incarceration;(B) Parole revocation proceedings pursuant to the authority of state and/or federal law;(C) Judicial proceedings under Tenn. Code Ann. Title 33, Chapters 3 through 8, Mental Health Law;(D) Cases in which a superintendent of a mental health facility files a petition under the guardianship law, Tenn. Code Ann. Title 34;(E) Cases under Tenn. Code Ann. § 37-10-304 and Tenn. Sup. Ct. R. 24, relative to petitions for waiver of parental consent for abortions by minors;(F) Cases alleging unruly conduct of a child which place the child in jeopardy of being removed from the home pursuant to Tenn. Code Ann. § 37-1-132(b); and(G) Guardian ad litem representation for the child or children in adoption cases in accordance with section 1(d)(2)(F). Pursuant to Tenn. Code Ann. § 36-1-146, there is a rebuttable presumption that the guardian ad litem's fees shall be divided equally between the parties, excluding the person being adopted.(3) One thousand two hundred dollars ($1,200) for: (A) Cases in which an adult or a juvenile is charged with a misdemeanor and is in jeopardy of incarceration;(B) Direct and interlocutory appeals in the Court of Appeals or Court of Criminal Appeals;(C) Direct and interlocutory appeals in the Tennessee Supreme Court;(D) Cases in which a defendant is applying for early release from incarceration or a suspended sentence;(E) Non-capital post-conviction and habeas corpus proceedings;(F) Probation revocation proceedings;(G) All other non-capital cases in which the indigent party has a statutory or constitutional right to be represented by counsel.(4) One thousand eight hundred dollars ($1,800) for:(A) Preliminary hearings in general sessions and municipal courts in which an adult is charged with a felony;(B) Cases in which a juvenile is charged with a non-capital felony;(5)(A) Two thousand four hundred dollars ($2,400) for cases in trial courts i which the defendant is charges with a felony other than first-degree murder or a Class A or B felony;(B) Three thousand six hundred ($3,600) for cases in trial courts in which the defendant is charged with first-degree murder or a Class A or B felony;(6) Maximum compensation for juvenile dependency and neglect proceedings and termination of parental rights proceedings is as follows:(A) One thousand two hundred dollars ($1,200) for: (i) Dependent or neglected child cases, from the filing of the dependency petition through the dispositional hearing, including the preliminary hearing, ratification of the initial permanency plan, adjudicatory and dispositional hearings;(ii) Guardian ad litem representation in accordance with section 1(d)(2)(C) for a child or sibling group who is or may be the subject of a report of abuse or neglect or an investigation report under Tenn. Code Ann. §§ 37-1-401 through 37-1-411, from the filing of the dependency petition through the dispositional hearing, including the preliminary hearing, ratification of the initial permanency plan, adjudicatory and dispositional hearings; and(iii) Counsel appointed pursuant to Tenn. Sup. Ct. R. 40(e)(2) and in accordance with section 1(d)(2)(C) for a child or sibling group who is or may be the subject of a report of abuse or neglect or an investigation report under Tenn. Code Ann. §§ 37-1-401 through 37-1-411, from the filing of the dependency petition through the dispositional hearing, including the preliminary hearing, ratification of the initial permanency plan, adjudicatory and dispositional hearings;(B) One Thousand five hundred dollars, ($1,500) for:(i) Dependent or neglected child cases, for all post-dispositional proceedings, including foster care review board hearings, post-dispositional court reviews and permanency hearings;(ii) Guardian ad litem representation in accordance with section 1(d)(2)(C) for a child or sibling group who is or may be the subject of a report of abuse or neglect or an investigation report under Tenn. Code Ann. §§ 37-1-401 through 37-1-411, for all post-dispositional proceedings, including foster care review board hearings, post-dispositional court reviews, and permanency hearings; and(iii) Counsel appointed pursuant to Tenn. Sup. Ct. R. 40(e)(2) and in accordance with section 1(d)(2)(D) for a child or sibling group who is or may be the subject of a report of abuse or neglect or an investigation report under Tenn. Code Ann. §§ 37-1-401 through 37-1-411, for all post-dispositional proceedings, including foster care review board hearings, post-dispositional court reviews, and permanency hearings.(C) One thousand five hundred dollars ($1,500) for:(i) Proceedings against parents in which allegations against the parents could result in termination of parental rights;(ii) Guardian ad litem representation in termination of parental rights cases in accordance with section 1(d)(2)(D); and(iii) Counsel appointed pursuant to Tenn. Sup. Ct. R. 40(e)(2) and in accordance with section 1(d)(2)(C) for a child or sibling group in termination of parental rights cases;(e)Case Designated Complex or Extended:(1) Notwithstanding the provisions of section (2)(d), an amount in excess of the maximum, subject to the limitations of section (2)(e)(3), may be sought by filing a motion in the court in which representation is provided. The motion shall include specific factual allegations demonstrating that the case is complex or extended. The court shall enter an order which evidences the action taken on the motion. Conclusory allegations or assertions are not sufficient. The following, while neither controlling nor exclusive, indicate the character of reasons that may support a complex or extended certification: (A) The case involved complex scientific evidence and/or expert testimony;(B) The case involved multiple defendants and/or numerous witnesses;(C) The case involved multiple protracted hearings; and/or(D) The case involved novel and complex legal issues.(2) If the motion is granted, an order shall be forwarded to the director certifying the case as complex or extended. The order shall either recite the specific facts supporting the finding or incorporate by reference and attach the motion which includes the specific facts supporting the finding. To qualify for payment under this section, the order certifying the claim as extended or complex must be signed prior to or contemporaneously with the court's approval of the claim. entered in the AOC's electronic filing system. Nunc pro tunc certification orders are not sufficient to support payment under this section. Orders filed after the court's approval of the claim shall be deemed waived and will not be reviewed.(3)Review of Complex or Extended Order: Orders under section 2(e)(1) are subject to review and approval by the director. If an order is not approved by the director, counsel submitting the order may request review by the chief justice. Such request must be in writing and received by the director or the director's designee within ten (10) business days from the date of the notice of denial. On timely receipt of the request for review, the director shall transmit the claim to the chief justice for disposition. Requests that are not timely submitted will be deemed waived. Review by the chief justice is solely limited to the documents that were originally submitted to the AOC. The determination of the chief justice is final. All payments under section 2(e)(1) are subject to the provisions of Sec. 6.(4)Maximum Compensation Allowed After Finding of Complex or Extended: Upon approval of the complex or extended claim by the director or the chief justice, the following maximum amounts apply:(A) One thousand two hundred dollars ($1,200) in those categories of cases where the maximum compensation is otherwise six hundred dollars ($600);(B) Except as provided in section (2)(e)(3)(D), two thousand four hundred dollars ($2,400) in those categories of cases where the maximum compensation is otherwise one thousand two hundred dollars ($1,200);(C) Three thousand dollars ($3,000) in those categories of cases where the maximum compensation is otherwise one thousand five dollars ($1,500).(D)Three thousand six hundred dollars ($3,600) in those categories of cases where the maximum compensation is otherwise one thousand eight hundred dollars ($1,800).(E) Four thousand eight hundred dollars ($4,800) in cases in trial courts in which the defendant is charged with a felony other than first-degree murder or a Class A or B felony; and(F) Seven thousand two hundred dollars ($7,200) in cases in trial courts in which the defendant is charged with first-degree murder or a Class A or B felony. Where the felony charged is first-degree murder, the director may waive the seven thousand two hundred dollar ($7,200) maximum if the order demonstrates that extraordinary circumstances exist and failure to waive the maximum would result in undue hardship.(f) Attorneys shall not be compensated for time associated with traveling to a court in another county for the sole purpose of hand-delivering or filing a document.(g) Counsel appointed or assigned to represent indigents shall not be paid for any time billed in excess of 2,000 hours per calendar year unless, in the opinion of the director, an attorney has made reasonable efforts to comply with this limitation, but has been unable to do so, in whole or in part. It is the responsibility of private counsel to manage their billable hours in compliance with the annual maximum.As amended by order filed 3/5/2013; amended by order filed and effective 6/28/2019; amended by order filed July 2, 2024, effective nunc pro tunc 7/1/2024; amended by order filed October 4, 2024, effective 10/4/2024.Explanatory Comment:
Section 2(b) unequivocally provides that only one attorney will be compensated in non-capital cases. Section 2(c) clarifies that appointed counsel will not be compensated for time spent on Board of Professional Responsibility complaints arising from appointments. Compensation rates for counsel appointed in juvenile, dependency and neglect, and termination of parental rights cases are contained in Section 2(d)(6). Section 2(d)(6) further defines the dispositional and post-dispositional phases at which compensation is appropriate and also compensates attorneys appointed pursuant to Tenn. Sup. Ct. R. 40(e)(2). Section 2(d)(2)(G) has been added pursuant to Tenn. Code Ann. § 36-1-146. A claim in an adoption proceeding is separate from a claim in a termination of parental rights proceeding, even if the court appoints the same guardian ad litem in the adoption proceeding. Section 2(e) delineates the procedure and factors supporting certification of a case as complex or extended, including the mandatory requirement that the order certifying the claim be submitted to the AOC contemporaneously with the claim requesting complex or extended compensation. Section 2(e)(3) provides for a review of the decision of the director by the chief justice if a written request is received by the AOC from the claimant within 10 days of the notice of the denial. This is one of the three decisions of the director that upon timely request can be reviewed by the chief justice as noted in Sec. 6(b)(4). Section 6 sets out the claim review process in more detail. Section 2(f) precludes compensating attorneys for time spent traveling to and from a clerk's office in another county for the sole purpose of hand-delivering or filing documents. Public Chapter 1007 (2024) amending Title 37 provides the juvenile and the circuit and criminal court have concurrent jurisdiction in proceedings in which a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender. The Act is effective January 1, 2025, and provides for a longer stay under the juvenile court's jurisdiction after a jury trial in criminal or circuit court. Claims for appointed counsel in these cases will be governed by policy as approved by the Chief Justice.