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Rule 16: Appointment and Compensation of Counsel for Indigent Persons in Parole Revocation Hearings.

Pursuant to Tenn. Code Ann. § 40-28-122(b), the Supreme Court hereby adopts the following rules for the payment of expenses and compensation to attorneys appointed to represent indigent persons in parole revocation proceedings. For purposes of this rule, a proceeding is a two-stage process, beginning with an initial, probable cause hearing which may be followed by a revocation of parole hearing.

1. Appointment of Counsel. The Board of Probation and Parole (hereinafter referred to as the Board) is authorized to appoint, acting on its own or through its designee, legal counsel for an indigent individual in parole revocation proceedings. Counsel for an indigent individual shall be appointed pursuant to Rule 13, Rules of the Tennessee Supreme Court.

The provisions of Sections 1, 2, 4, and 6 of Rule 13 shall apply to appointment of counsel by the Board unless the context of a particular provision requires otherwise. The word “court,” as used in Sections 1, 2, 4, and 6 of Rule 13, shall be deemed to include the Board unless the context requires otherwise.
If the case appears to be one which merits counsel, the Board or its designee shall make a determination of whether the parolee is indigent pursuant to Rule 13(e). The Board shall, in writing, note its determination of the issue of indigency, and the written finding shall become a part of the parolee's record.

In cases in which the individual faces criminal charges arising out of or related to the same set of operative facts from which the parole revocation proceedings arose, the same attorney shall, when possible, represent the defendant/parolee at all proceedings. However, the attorney shall receive but one compensation for work done in the furtherance of the attorney's duties for both criminal and parole revocation proceedings where such work overlaps. One attorney shall represent the parolee at all stages of the parole revocation proceedings when possible. Should different attorneys represent the parolee at each stage of the proceeding, the total compensation which may be paid to all attorneys shall not exceed the maximum compensation for one parolee, as provided for in Rule 13. In all such cases, compensation for attorneys' services shall not be fixed by the Board until the conclusion of the parole revocation proceeding so that the Board may make such apportionment of compensation between or among the attorneys as may be just.

If after being advised of the right to an attorney, the parolee refuses counsel, such refusal shall be made in writing and signed by the parolee in the presence of the Board or its designee who shall acknowledge the person's signature. The written refusal shall be made a part of the person's record.

2. Compensation for Appointed Counsel.

a. Claims for compensation and reimbursement of expenses shall be filed and acted upon by the Board in compliance with Rule 13. The director of the Administrative Office of the Courts shall examine and audit such claims and determine the amount of compensation and reimbursement pursuant to Rule 13.

b. All claims for compensation and for reimbursement of expenses shall be submitted by the attorney to the Board or its designee. The Board shall certify all fees and costs for all attorneys on one reimbursement claim for each case on a form authorized by the director of the Administrative Office of the Courts. The Board or its designee shall assign to each case a case number by which the case shall be identified in all correspondence with the director of the Administrative Office of the Courts.

[Amended by Order filed September 4, 2001.]

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