p Tennessee » Juvenile defense

Defense structure, 2017

• Organization

  Localized

• Oversight

  Partial oversight

Tennessee provides counsel to indigent youth through public defender offices serving judicial districts.  Visit the National Juvenile Defender Center's Tennessee state profile for more details.

Waiver of counsel, 2014

A juvenile may waive his or her right to counsel only after consulting with a knowledgeable adult who has no interest adverse to the juvenile and the waiver must be found to be knowingly and voluntarily made.

• Restrictions on waivers
• No restrictions
• Reflects laws as of the end of 2013 legislative sessions.

• Age

  Under 0

• Crime

  No restrictions

• Hearing

  No restrictions

• Placement

  No restrictions

Timing of counsel, 2013

In Tennessee, an attorney for a juvenile can be appointed at the following points in the process: Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.

• Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Indigency determination: Judicially

In Tennessee, juvenile indigency law is governed by juvenile statutes, juvenile court rules, and adult statutes, which provide a determination of indigency and some well-thought-out definitions. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent.

Collateral consequences, 2014

By Juvenile Court rule of Procedure, before accepting a plea, the court must address the juvenile personally in open court and inform them on a range of collateral consequences for an adjudication. Specifics of what the court must address include:

1. The nature of the charge to which the plea is offered and the possible dispositional consequences of the admission
2. If a specific disposition is the basis of the plea, the juvenile should be informed specifically of the nature of that disposition.

The Rule includes further procedural protections related to the procedural safeguards and rights a youth has if the matter goes to trial as further consequences of entering a guilty plea.

• Reflects laws as of the end of 2014 legislative sessions.

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