Tennessee

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect

All Basic Human Needs

Bar Effort

November 18, 2013
Tennessee Bar Civil Right to Counsel Event Gets AP Coverage
The AP covered a civil right to counsel event by the TN Bar and Legal Aid of West TN held on Friday, Nov. 22.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
The NCCRC helped coordinate Gideon anniversary events around the country, such as this one in Tennessee.
Doesn't Affect

Forfeiture (incomplete)

Report

November 1, 2018
Civil Rights Commission: Tennessee forfeiture proceedings should include counsel
A civil rights report critiques Tennessee's civil forfeiture practices for not providing a right to counsel for property owners.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

The NCCRC gave substantial input to the advisory committee.

Legislation

March 28, 2023
Forfeiture right to counsel bills have died
Cross-filed bills would have provided a right to counsel for certain defendants in civil asset forfeiture matters. 
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Doesn't Affect

Housing - Evictions

Report

April 23, 2024
Studies measure Chattanooga tenant rep pilot impact
Several reports examining Chattaooga's Eviction Prevention Initiative find it has a number of benefits.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.

Legislation

October 16, 2013
Report: Davidson County TN tenant rep program delivering benefits to tenants
A 2023 report found that Davidson County's tenant representation program was delivering significant financial and other benefits to tenants.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
January 1, 2009
Legislature extends parent's right to counsel to adoption proceedings
The Tennessee legislature amended the code to extend the right to counsel to parents in adoption proceedings.
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Appointment of Counsel:  Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Doesn't Affect

Termination of Parental Rights (State) - Birth Parents

Litigation

April 5, 2024
Appellate court finds withdrawal of mother's attorney violated fundamental fairness
An appellate court reversed termination of a mother's parental rights where the trial court allowed her attorney to withdraw the day of trial.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Discretionary

All Basic Human Needs

Debtor’s Prison / Financial

Education

Family Law

Health