Amends TCA Title 8, Chapter 14.

This bill requires the district public defenders conference to establish, and the executive director of the district public defenders conference to operate, the appellate division for the purposes of representing indigent persons in direct appeals to the Tennessee court of criminal appeals and the Tennessee supreme court. The executive director, or the director's designee, will be the director of the appellate division.<br /> <br /> This bill requires the appellate division to represent indigent persons upon appeal from the circuit or criminal courts in this state. The appellate division may, however, refuse the appointments where necessary:<br /> <br /> (1) Due to a conflict of interest;<br /> (2) If the executive director determines the existing caseload cannot be increased without jeopardizing the appellate division's ability to provide effective representation; or<br /> (3) Where the district public defender deems it necessary for the best interests of the defendant.<br /> <br /> This bill authorizes the executive director to select and employ staff attorneys to perform duties prescribed by this bill and fill a full-time employee position with two part-time employees. In order to implement assignments, available funds may be reallocated, subject to overall budgetary limits.<br /> <br /> This bill authorizes six appellate attorney positions within the appellate division. The appellate division attorneys will serve at the direction of the executive director. Appellate division attorneys will be compensated as assistant public defenders. This bill prohibits such attorneys from engaging in the practice of law outside of the appellate division, except to conclude private legal matters that are pending at the time of employment with the appeals division.<br /> <br />