Proposed Legislation Would Dismantle Fiscally Sound Rule
Tennessee lawmakers have introduced legislation that would repeal T.C.A. 16-2-518, the so-called “75|PERCENT| Rule” for local public defender funding. The rule was established in 1992 and requires that local government provide funding to the public defender at 75|PERCENT| of any funding increase to the district attorney general.
The Shelby County Public Defender’s Office opposes passage of House Bill 241 and Senate Bill 1324, which would dismantle fiscally sound legislation that has served our community and state well for more than 20 years.
The 75|PERCENT| Rule helps ensure fairness in a necessarily adversarial system. Repeal of this longstanding and sensible check on spending would alter the balance that must exist when life and liberty are at stake, as they are daily in the criminal justice system.
Local government helps fund public defense in Tennessee’s urban centers, while the State is the primary funding source for public defenders elsewhere. The 75|PERCENT| Rule has worked for more than two decades to keep costs down for both State and local government. Repeal of this rule is a solution looking for a problem. It is unclear how this community and the State of Tennessee would benefit from the removal of this smart and fiscally responsible mandate.
What is clear is that removing this mandated balancing mechanism has the potential to drive up costs for the State, destabilize the funding structure of our local criminal justice system and trigger a dangerous imbalance in our courtrooms. A weakened public defender system exposes the community to more wrongful convictions, unfair sentences and, ultimately, a more expensive County Jail.
The 75|PERCENT| Rule is the kind of policy that Tennesseans should be proud of. It should not be repealed. We urge our state lawmakers to uphold this commitment to fairness, justice and good stewardship by voting against HB 241 and SB 1324.
Media Contact: Josh Spickler at 901.216.2024 or josh.spickler@shelbycountytn.gov