Nashville, Tenn. - The Administrative Office of the Courts (AOC) has introduced new efforts to ensure the appropriate and efficient use of the indigent defense fund.
Both the federal and state constitutions require courts to appoint counsel for criminal defendants who cannot afford an attorney. In cases where the public defender is unable to represent a criminal defendant, a private attorney is appointed as counsel and is paid by the state through the indigent defense fund. The fund also pays for appointed counsel for parents and children in child welfare cases.
Last fall, the AOC hired a compliance officer to further verify the accuracy and validity of attorney fee claims for representation of indigent defendants. In this role, the compliance officer examines fee claims and travels across the state to meet with attorneys about potential discrepancies and educate them about proper billing procedures and records maintenance.
“The AOC has always audited every attorney fee claim that has been submitted to our office,” said Elizabeth Sykes, director of the Administrative Office of the Courts. “Now, we are intensifying our fee claims review process to ensure taxpayer’s dollars are being spent appropriately.”
The need for the indigent defense fund has increased with the economic downturn. And, as a result, the fund has fallen short in recent years, necessitating supplemental appropriations to fill deficiencies in the fund.
“Thanks to the support of the General Assembly and Governor’s office, we have been able to continue paying attorneys for their work representing Tennesseans who cannot afford legal representation,” Sykes said. “It is our obligation to step up our auditing procedures to conserve the state’s resources and help curb the continued growth of the indigent defense fund.”
For nearly a year, the AOC has also worked with a legislative study committee to explore ways to improve the process for the appointment of private attorneys for indigent defendants. As a result, the AOC has communicated with judges to encourage greater use of the public defender’s office when appropriate to alleviate the need for private attorneys. The AOC has also proposed entering into contracts with attorneys in particular types of cases to help reduce costs.
During the past year, the Administrative Office of the Courts has also rolled out a new online system to manage the indigent fee claims process. The Indigent Claims Entry (ICE) system significantly streamlines the claims process by eliminating more than 90 percent of the 126,000 paper claims the AOC receives on an annual basis.
The ICE system allows appointed attorneys and interpreters to enter their claims online and receive payment via direct deposit. In addition to making the process easier for attorneys and interpreters, the ICE system will also allow attorneys and interpreters to get paid much quicker than they do today.
“We are thrilled to offer the ICE system as a simpler, greener alternative that allows attorneys and interpreters to receive payment quicker and easier,” Sykes said.
The implementation of the ICE system will be completed in July.
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