Section 6 - [Effective 12/1/2024] Review of claims for compensation and reimbursement of expenses(a)(1) All claims for attorney compensation and expenses shall be submitted utilizing the system established by the AOC for electronic submission. Claims of five hundred dollars ($500) or more for attorney compensation and expenses shall be electronically submitted, and shall be reviewed and approved by the judge who presided over final disposition of the case prior to payment by the AOC. Electronic claims that total less than five hundred dollars ($500) shall be exempt from the judicial review and approval requirement; such claims, however, shall be subject to the AOC's examination and audit pursuant to this section.(2) Time spent by counsel on a single case or proceeding shall be included in a single claim for compensation. Cases must be combined into one claim where the court has consolidated cases or where criminal charges against one defendant are heard at the same proceeding.(3) Claims shall be supported by a copy of the court order appointing counsel or authorizing the expenditure and, in the case of expenses requiring prior approval, a copy of the approval of the director and/or the chief justice.(4)Interim Claims Allowed in Capital Cases: Appointed counsel in a capital case shall file interim claims. Interim claims shall be filed at least every 180 days, but no more frequently than every 30 days. Any portion of a claim requesting payment for services rendered more than 180 days prior to the date on which the claim is approved by the court in which the services were rendered shall be deemed waived and shall not be paid.(5)Timely Claims for Non-capital Cases: Appointed counsel in non-capital cases are not permitted to file interim claims but shall file claims for compensation no later than 180 days after entry of the final order of disposition of the case in each court in which representation is provided. However, claims for the post-dispositional phase of a juvenile dependency and neglect proceeding shall be filed no later than 180 days from the last activity related to the case.(6)Wavier of Claims: Claims for compensation submitted after the 180-day period, including those under sec. 6(a)(4), shall be deemed waived and will not be reviewed.(7)Over Claim Audit:(A) Counsel will be held to a high degree of care in the keeping of contemporaneous time records supporting all claims and in the application for payment. All claims must distinguish between in court hours (e.g., arguing before judge or jury) and out of court hours (e.g., drafting appellate briefs, meeting with a client or wait time in court). Counsel is required to maintain records supporting claims for payment. (B) Claims for payment exceeding standard audit specifications, will be subjected to an "over claim" audit. An over claim audit is triggered when counsel is claiming more than 8 hours of in court hours in one day or more than 12 hours total in one day. Counsel must respond and cooperate with this more comprehensive audit. Failure to comply with over claim audit requests and/or provide sufficient specificity in the claim or supporting documentation may constitute grounds for denial of the claim for compensation or reimbursement.(C) When an over claim audit is conducted, and the director denies an attorney's fee claim in whole or substantial part, counsel may request review by the chief justice. Such request must be in writing and received by the director or the director's designee within ten (10) business days from the date of the notice of denial. On timely receipt of the request for review, the director shall transmit the claim to the chief justice for disposition. Failure to submit a timely request will be deemed waived. Review will be limited to the documents originally submitted to the AOC. The determination of the chief justice is final.(8) The payment of a claim by the AOC shall not prejudice the AOC's right to object to or question any claim or matter in relation thereto. Claims shall be subject to reduction for amounts included in any claim or payment previously made which are determined by the AOC not to constitute proper remuneration for compensable services. The AOC reserves the right to deduct from claims which are or shall become due and payable any amounts which are or shall become due and payable to the AOC.(9) As a part of its examination and audit of claims for compensation and reimbursement under this Rule 13, the AOC shall determine from information provided by the Board of Professional Responsibility whether there are unpaid costs assessed against counsel submitting the claim pursuant to Tenn. Sup. Ct. R. 9, Section 31.3. Claims for compensation and reimbursement under this Rule 13 shall be subject to reduction for any such unpaid costs.(b)(1) The AOC shall examine and audit all claims for compensation and reimbursement to insure compliance with this rule and other statutory requirements. The AOC may decline to make any payment or decline to continue to accept any assignment should either the attorney or the third-party assignee fail to comply with the requirements of Rule 13 and other statutory requirements.(2) After such examination and audit and giving due consideration to state revenues, the director shall make a determination as to the compensation and/or reimbursement to be paid and cause payment to be issued in satisfaction thereof.(3) Payment may be made directly to the person, agency, or entity providing the services.(4) The determination by the director is final, except where review by the chief justice is timely requested under sections 2(e)(3) (complex or extended order), 5(e)(5) (prior approval for experts and investigators), and 6(a)(6) (over claim audits). In those instances, the determination of the chief justice is final. The chief justice may designate another justice to perform this function if the chief justice determines that a designation is appropriate or necessary.(5) Reductions made during the process of auditing a fee claim which are due to mathematical miscalculations or result from requests for payments not permitted by this rule shall not be forwarded to the chief justice for review.(c)(1) Appointed counsel may contract with a third-party agent to prepare and file claims for attorney compensation and expenses; provided, however, that counsel shall remain responsible for all filings and communications in connection with such claims;(2) Appointed counsel may assign the right to payment of claims for attorney compensation and expenses to a third-party assignee; provided, however, that (i) counsel electing to assign the right to payment shall assign such right for all subsequent cases in which counsel will present claims for payment pursuant to this rule; and (ii) counsel shall provide adequate written notice to the director of counsel's assignment of the right to payment to the third-party assignee. Such written notice shall not be effective unless submitted on the Uniform Assignment of Payment For Services Due to An Attorney form provided by the AOC. Upon receipt of adequate written notice of counsel's assignment, the director shall make subsequent payments of counsel's claims to the third-party assignee. An assignment submitted to the director shall not relieve counsel of the responsibility for the accuracy and timeliness of all filings nor shall it relieve counsel of the responsibility to personally respond to inquiries from the AOC in connection with counsel's claims. Counsel's written notice of assignment shall remain in effect until the director receives written notice that counsel revokes the assignment. The third-party assignee shall agree in writing to indemnify and hold the state harmless for all payments made by the administrative office of the courts in good faith and without notification that the assignment has been revoked and shall file such writing with the director.As amended by order filed February 6, 2013, effective 7/1/2013: by order filed September 4, 2013, effective 1/1/2014; amended by order filed October 4, 2024, effective 12/1/2024.Explanatory Comments:
Section 6(a)(1)-(3) provides the requirements and process for submitting claims for compensation and reimbursement. Section 6(a)(4) mandates that appointed counsel in capital cases file interim claims at least every 180 days but no more frequently than every 30 days and provides that any portion of a claim for services rendered more than 180 days prior to the date on which the claim is approved by the court will be deemed waived and not paid. Section 6(a)(5) precludes appointed counsel in non-capital cases from filing interim claims for compensation but requires them to submit claims for compensation no later than 180 days after entry of the final order of disposition of the case in each court in which representation is provided, In a post- dispositional phase of a dependency and neglect case, the 180 day period begins to run from the date of the last case-related activity. Section 6(a)(6) provides that claims for compensation submitted after the 180-day period will be deemed waived and not subject to paid. Section 6(a)(7) provides that counsel will be held to a high degree of care in record keeping and documentation of the claim. and provides the process for comprehensive audits (over claim audits) which are triggered on initial review. The two triggering events mentioned this section are examples only and are not the only events that may trigger a comprehensive over claim audit. Section 6(a)(8) provides that the AOC reserves the right to review claims that come into question even if they have already been paid and establishes that the AOC may recoup any overpayment by setting off the amount of any such overpayment against claims that may be filed. Section 6(b)(4) provides that the determination of the director and/or the chief justice is final.