February 10, 2016
[By email to chris@clsesq.net]
Christopher L. Seaton, Esq.
Quest Collaborative Law
P. O. Box 30207
Knoxville, Tennessee 37930
Dear Mr. Seaton:
Thanks for your interesting open letter to the Indigent Representation Task Force
posted on October 26, 2015, on the MimesisLaw website. While I was glad to read that the
Court’s press release amused you, the tenor of your letter reflects great dissatisfaction in the
current way in which Tennessee currently provides representation to indigent persons
facing criminal prosecution. I share many of your concerns, as do my colleagues on the
Task Force despite your apparent low opinion of their qualifications.
Because you seem to value honesty, permit me to provide you with this reality wakeup call. If you ask just about any current member of the General Assembly, they will tell
you that the annual appropriation to fund indigent representation programs is among the
least popular appropriation they make every year. In fact, many legislators lean toward
cutting this appropriation, and it has been a challenge for quite some to maintain the status
quo. I mention this only to help you understand that there is no chance – no chance – that
the General Assembly will agree to appropriate more money to fund the current system.
Thus, any proposal to increase the current appropriation for the purpose of increasing the
hourly rate paid to private attorneys appointed to represent indigent criminal defendants
is and will continue to be dead on arrival.
The shared challenge facing all of us is to examine the current system from top to
bottom and then to consider and recommend significant structural changes after receiving
input from the stakeholders and considering the best practices in other states. These
recommended changes must be grounded in the imperatives in the Sixth Amendment and
Article I, § 9 of the Tennessee Constitution. However, to receive serious consideration, they
must also be accountable, efficient, and effective. In my opinion, anything short of this will
not convince the General Assembly to increase funding.

 Christopher L. Seaton, Esq.
February 10, 2016
Page 2
There is a great deal of work to do. The Task Force is currently compiling historical
and current data and other information. This data will be posted on the Task Force’s page
on the www.tncourts.gov. In addition, we are currently planning a series of fact-finding
meetings around the state to enable lawyers, judges, and other interested persons to talk
directly with Task Force members about the strengths and weaknesses of the current
system.
You advocate “three actions” in your open letter. Each of these are already on the
Task Force’s agenda for consideration. If you would like to be part of the solution, I hope
you will considering attending and speaking at one of the meetings in East Tennessee. I
also invite you to submit any additional written proposals that you believe will, as you say
in your open letter “dramatically improve the quality of representation for court appointed
cases in Tennessee.”
I look forward to hearing what you have to say.
Very truly yours,

William C. Koch, Jr.