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)Prior Approval Not Required: The following expenses will be reimbursed without prior approval if reasonably necessary to the representation of the indigent party: (A)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;(B)Lodging where an overnight stay is required at actual costs, if supported by a receipt, not to exceed the current authorized executive branch rates as published by the Tennessee Department of Finance and Administration for in-state and out-of-state travel;(C)Meals in accordance with the Judicial Department travel regulations per diem rates, where an overnight stay is required;(D)Parking at actual costs up to twenty dollars ($20) per day if supported by a receipt;(E)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 five hundred dollars ($500).(F)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 one dollar ($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 five hundred dollars ($500).(G)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.(H)Miscellaneous expenses. Miscellaneous expenses, excluding normal overhead expenses in 4(a)(2), which total less than five hundred dollars ($500) in the aggregate, and are permitted by policy as set by the director, will be compensated at actual cost, not to exceed the fair and reasonable market value, if accompanied by a receipt. Miscellaneous expenses include, but are not limited to, items such as postage, commercial delivery service, film, memory devices required for electronic discovery and medical records. Receipt for in-house postage may be waived as permitted by policy set by the director. Prior approval of the court and the director is required if an attorney, expert, or investigator anticipates that total miscellaneous expenses will exceed five hundred dollars ($500).(I) 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.(J)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 two hundred dollars ($200) $100.00.(b)Prior Approval Required: Expenses not listed in section 4(a), such as expenses related to court reporter fees for recording, transcribing, copying and making appearances; and travel outside the state by appointed counsel, 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 Tenn. Sup. Ct. R. 42.Amended by order filed October 4, 2024, effective 10/4/2024.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)(E)(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) 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.