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AOC proposes Office of Indigent Conflict and Civil Counsel, seeks $17 million to ensure appointments
Summary
The Administrative Office of the Courts (AOC) proposed a new Office of Indigent Conflict and Civil Counsel to centralize and manage private appointments when public defenders are conflicted, requesting $17 million and 14 positions to launch the model and improve timeliness and lawyer availability.
The Administrative Office of the Courts presented an indigent‑representation reform plan to the House Finance, Ways and Means Committee that would create an Office of Indigent Conflict and Civil Counsel to centralize appointments and contracts for court‑appointed lawyers, the AOC said.
Director and AOC representatives said the existing model leaves judges responsible for “dialing for lawyers” when local public defenders have conflicts or cannot take a case. The AOC’s proposed office would hire attorneys and manage a mix of retainer, flat‑fee and hourly contracts so qualified counsel is available when courts need appointments.
“A court system that shifts the burden of finding an attorney off the judge and onto a dedicated office will be more accountable, more flexible and better able to match compensation to case complexity,” the AOC said. Director Holly Long told the committee the office would combine hired attorneys in each grand division with strategic contracting in local markets.
Key elements of the AOC plan
- Structure: The AOC would create an Office of Indigent Conflict and Civil Counsel with three regional directors (one per grand division) and additional attorneys able to accept appointments and supervise contracts.
- Flexibility and pay model: The office would use a flexible contracting approach (retainers, flat fees for simple matters, hourly or higher rates for complex proceedings) rather than a single statewide hourly rate, and it would set pay levels reflecting case complexity and lawyer qualifications.
- Oversight and data: A Supreme Court‑appointed commission would oversee the office. The AOC emphasized training, qualification standards and data collection to measure quality and cost outcomes—areas the AOC says are currently hard to track under the appointment‑by‑judge model.
- Funding request: For FY26 the AOC included $17 million and 14 positions in its request to stand up the office and begin contracting and staffing. Long said some temporary uses of prior carryforward funds could help early implementation, but the plan’s recurring costs would need legislative support.
Why the AOC says a new model is needed
The AOC briefed members on how low take‑rates for court‑appointed work have delayed dependency, neglect and criminal proceedings in some jurisdictions. Current Supreme Court rules permit judges to appoint private counsel and require the AOC to pay those claims from the indigent representation fund, but the AOC said the existing system leaves appointments to local court practices rather than a coordinated statewide process.
AOC Director Holly Long summarized the proposal and the fiscal request, saying the plan is designed to “ensure attorney availability, improve quality and reduce needless delays in court proceedings,” and asked legislators to consider it as an innovation rather than a routine rate increase.
Next steps
Long said the AOC will provide additional briefings and data to committee members and work with the legislature to refine the plan’s structure and funding details. The AOC also listed a few other judicial requests in the governor’s budget, including funds for court security grants, judicial staffing adjustments in Shelby County and a staff attorney for the Board of Judicial Conduct.
Ending
The committee heard the AOC presentation and asked for follow‑up data; AOC representatives said they would meet individually with lawmakers to walk through the plan and the metrics the office would collect.
