Pursuant to Tenn. Code Ann. §, the Supreme Court hereby adopts the following rules for the payment of expenses and compensation to attorneys appointed to represent indigent persons in parole revocation proceedings. For purposes of this rule, a proceeding is a two-stage process, beginning with an initial, probable cause hearing which may be followed by a revocation of parole hearing.
The provisions of Sections, , , and of Rule shall apply to appointment of counsel by the Board unless the context of a particular provision requires otherwise. The word "court," as used in Sections , , , and of Rule , shall be deemed to include the Board unless the context requires otherwise. If the case appears to be one which merits counsel, the Board or its designee shall make a determination of whether the parolee is indigent pursuant to Rule . The Board shall, in writing, note its determination of the issue of indigency, and the written finding shall become a part of the parolee's record.
In cases in which the individual faces criminal charges arising out of or related to the same set of operative facts from which the parole revocation proceedings arose, the same attorney shall, when possible, represent the defendant/parolee at all proceedings. However, the attorney shall receive but one compensation for work done in the furtherance of the attorney's duties for both criminal and parole revocation proceedings where such work overlaps. One attorney shall represent the parolee at all stages of the parole revocation proceedings when possible. Should different attorneys represent the parolee at each stage of the proceeding, the total compensation which may be paid to all attorneys shall not exceed the maximum compensation for one parolee, as provided for in Rule. In all such cases, compensation for attorneys' services shall not be fixed by the Board until the conclusion of the parole revocation proceeding so that the Board may make such apportionment of compensation between or among the attorneys as may be just.
If after being advised of the right to an attorney, the parolee refuses counsel, such refusal shall be made in writing and signed by the parolee in the presence of the Board or its designee who shall acknowledge the person's signature. The written refusal shall be made a part of the person's record.
Tenn. R. Sup. Ct. 16