Bidding for public defense work

September 1, 2011
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The Tennessee Supreme Court is considering whether to enter into fixed-fee contracts with attorneys in particular types of cases to help reduce costs. The Tennessean recently reported on the proposed changes to indigent defense.

There’s an amendment out there that would allow the Tennessee Administrative Office of the Courts to seek bids and award contracts for contempt proceedings in nonpayment of child support cases and hearings on whether to involuntary commit someone to a mental-health institution.

The proposal is an attempt to save money. Like a lot of states, more people need appointed counsel and states are looking at ways to cut costs where they can.

Critics argue that using fixed or flat fees for cases would encourage attorneys to put in as little work as possible.  

Wisconsin has a system in place where the public defense of misdemeanors is covered by flat rates. That state’s public defender office recently sent out request for proposals this year for flat rate contracting, continuing the contracts through 2013. Depending on what county lawyers practice in, they could get anywhere from $235 to $413 a case.

According to the Indiana Public Defender Commission’s Standards for Indigent Defense Services in Non-Capital Cases, last amended Dec. 10, 2008, counsel appointed on a case-by-case basis “shall be compensated for time actually expended at the hourly rate of not less than $60.00.”

What do you think about using flat fees for public defense?

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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