Section 4 - Payment of expenses incident to representation(a)(1) Appointed counsel, experts, and investigators may be reimbursed for certain necessary expenses directly related to the representation of indigent parties.(2) The services or time of a paralegal, law clerk, secretary, legal assistant, or other administrative assistants shall not be reimbursed. Normal overhead expenses also shall not be reimbursed.(3) The following expenses will be reimbursed without prior approval if reasonably necessary to the representation of the indigent party:(A)Long distance telephone charges, if supported by a log showing the date of the call, the person or office called, the purpose of the call, and the duration of the call stated in one-tenth (1/10) hour segments;(B)Mileage for travel within the state in accordance with Judicial Department travel regulations, if supported by a log showing the mileage, the purpose of the travel, and the origination and destination cities;(C)Lodging where an overnight stay is required at actual costs, if supported by a receipt, not to exceed the current authorized executive branch rates; For in-state rates:
http://tn.gov/assets/entities/finance/attachments/policy8.pdf
For out-of-state rates:
http://tn.gov/assets/entities/finance/attachments/policy8.pdf
(D)Meals in accordance with the Judicial Department travel regulations if supported by a receipt, where an overnight stay is required;(E)Parking at actual costs up to ten dollars per day if supported by a receipt;(F)Photocopying - Black and White Copies - (i) In-house copying at a rate not to exceed seven cents ($0.07) per page;(ii) Actual cost of outsourced copying if supported by a receipt, at a rate not to exceed ten cents ($0.10) per page;(iii) Actual cost of providing to client a copy of appellate briefs and opinion.(iv) The cost of providing to the indigent party a copy of the court file or transcript will not be reimbursed once the appeal is complete because the original file and transcript belong to the client.(v) Prior approval of the court and the director is required if an attorney, expert, or investigator anticipates that total copying costs will exceed $500.(G)Photocopying - Color Copies --(i) In-house color copying at a rate not to exceed one dollar ($1.00) per page;(ii) Actual cost of outsourced color copies at a rate not to exceed $1.00 per page if supported by a receipt;(iii) Prior approval of the court and the director is required if an attorney, expert, or investigator anticipates that total copying costs will exceed $500.(H)Computerized Research at actual cost for case-related legal and internet research if supported by receipts. If actual costs are not incurred, compensation will be limited to time spent conducting the search. Pro rata cost of subscription[s] will not be paid.(I)Miscellaneous expenses such as postage, commercial delivery service having computer tracking capacity, film, or printing will be compensated at actual cost, not to exceed the fair and reasonable market value, if accompanied by a receipt. Prior approval of the court and the director is required if an attorney, expert, or investigator anticipates that total miscellaneous expenses will exceed $250.(J) Expenses relating to improving the indigent party's appearance, including but not limited to expenses for dental plates, haircuts, clothing and cleaning charges for clothing, are not reimbursable.(K)Appellate Record -- Actual expenses for an electronic copy of the appellate record (excluding exhibits) and of any transcripts on appeal purchased from the Appellate Court Clerk's Office, not to exceed $100.00.(b) Expenses not listed in section 4(a), including travel outside the state, will be reimbursed only if prior authorization is obtained from the court in which the representation is rendered and prior approval is obtained from the director. (1) Authorization of expenses shall be sought by motion to the court.(2) The motion shall include both an itemized statement of the estimated or anticipated costs and specific factual allegations demonstrating that the expenses are directly related to and necessary for the effective representation of the indigent party.(3) The court shall enter an order that evidences the action taken on the motion. If the motion is granted, the order shall either recite the specific facts demonstrating that the expenses are directly related to and necessary for the effective representation of the indigent party or incorporate by reference and attach the defense motion that includes the specific facts demonstrating that finding.(4) The order and any attachments shall be submitted to the director for prior approval before any expenses are incurred.(c) The director is hereby authorized to reimburse the Department of Children's Services at the Judicial Department rate for the expense of transcripts in termination of parental rights appeals without obtaining prior approval by court order in each case.(d) Spoken Foreign Language Interpreters and Translators. The appointment of interpreters and/or translators, and the compensation by the AOC for costs associated with an interpreter's and/or translator's services, are governed by Rule 42, Rules of the Tennessee Supreme Court. Explanatory Comment:
Section 4(a) provides uniform guidelines and certainty as to expenses that will be reimbursed and delineates the documentation that must accompany a claim for reimbursement. Section 4(a)(3) permits reimbursement without prior approval of certain expenses and is intended to eliminate time previously spent by attorneys and judges considering such expenses. Section 4(a)(3)(F)(iv) clarifies that attorneys will not be reimbursed for the costs of copying the record since the record belongs to the indigent party. Section 4(b) delineates the expenses for which prior approval is required and sets out the requirements and procedure for obtaining prior approval. Section 4(b) dispenses with the former requirement that prior approval be obtained from both the director and the chief justice and makes prior approval of the director essential and final. Section 4(d) cross-references Tenn. Sup. Ct. R. 42, which provides the mechanism and method for compensating foreign language interpreters and translators.