reglab/housing_qa huggingface dataset:
GA Code § 17-12-8 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-8. Approval by Council of Programs for Representation of Indigents; Public Access to Policies and Standards

 Reserved. Repealed by Ga. L. 2015, p. 519, § 7-7/HB 328, effective July 1, 2015.   Editor's notes.   - This Code section was based on Code 1981, § 17-12-8, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2004, Ex. Sess., p. ES3, § 12/HB 1EX; Ga. L. 2005, p. 60, § 17/HB 95; Ga. L. 2005, p. 910, § 1/HB 366; Ga. L. 2006, p. 752, § 6/SB 503; Ga. L. 2008, p. 846, § 20/HB 1245; Ga. L. 2011, p. 91, § 5/HB 238.
GA Code § 17-12-9 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-9. Continuing Legal Education for Public Defenders and Staff

 The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such policies as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. The circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs. The council shall adopt policies governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly.    (Code 1981, §17-12-9, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2008, p. 846, § 21/HB 1245; Ga. L. 2011, p. 91, § 6/HB 238.)
GA Code § 17-12-10 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-10. Annual Reporting

  Upon request, the council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and revenue, including moneys received from cities and county governing authorities.   Upon request, the council shall provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended.   Upon request, the director shall prepare annually a report in order to provide the General Assembly, the Supreme Court, and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized.     (Code 1981, §17-12-10, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2008, p. 846, § 22/HB 1245; Ga. L. 2011, p. 91, § 7/HB 238; Ga. L. 2015, p. 519, § 7-8/HB 328.)
GA Code § 17-12-10.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-10.1. Legislative Oversight Committee Created; Membership; Audits

  There is created the Legislative Oversight Committee for the Georgia Public Defender Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed.   The Speaker of the House of Representatives shall appoint a member of such committee to serve as chairperson, and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint a member of such committee to serve as chairperson, and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least once each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson.   It shall be the duty of such committee to review and evaluate:   Information on new programs submitted by the council;   Information on policies proposed by the council;   The strategic plans for the council;   Program evaluation reports and budget recommendations of the council;   The fiscal impact of fees and fines on counties;   The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and   Such other information or reports as deemed necessary by such committee.     The council and director shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions.   The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78.   The members of such committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate.   The legislative oversight committee shall be authorized to request that a performance audit of the council be conducted.     (Code 1981, §17-12-10.1, enacted by Ga. L. 2004, Ex. Sess., p. ES3, § 13/HB 1EX; Ga. L. 2007, p. 65, § 2/SB 139; Ga. L. 2008, p. 846, § 23/HB 1245; Ga. L. 2011, p. 91, § 8/HB 238; Ga. L. 2015, p. 519, § 7-9/HB 328.)
GA Code § 17-12-10.2 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-10.2. Civil Liability

 The members of the council as created by this article, the members of the circuit public defender supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this chapter.    (Code 1981, §17-12-10.2, enacted by Ga. L. 2004, Ex. Sess., p. ES3, § 14/HB 1EX; Ga. L. 2008, p. 846, § 24/HB 1245.)
GA Code § 17-12-11 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-11. Mental Health Advocacy Division; Duties, Responsibilities, and Management

  The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial and shall be the successor to the office of mental health advocacy created by Article 4 of this chapter as it existed on June 30, 2008. Any assets or resources of the office of mental health advocacy shall be transferred to the council. The mental health advocacy division office shall serve all counties of this state.   Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 or found mentally incompetent to stand trial pursuant to Code Section 17-7-130 and has been determined to be an indigent person, the court in which such case is pending shall notify the mental health advocacy division, and the division may assume the defense and representation of such person in all matters pursuant to Code Sections 17-7-130 and 17-7-131, as applicable, if the resources, funding, and staffing of the division allow; provided, however, that the circuit public defender or other attorney who represented the indigent person at the time of the finding of not guilty by reason of insanity at the time of the crime or the finding of mentally incompetent to stand trial shall have the option to retain responsibility for the representation of any such person.   Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the mental health advocacy division prior to a finding of not guilty by reason of insanity at the time of the crime or a finding of mentally incompetent to stand trial. The circuit public defender, the court, or the court appointed attorney may request that the mental health advocacy division assist in the case prior to a plea being entered and accepted by the court.   If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial, such representation shall be provided as otherwise provided by law.   The director shall be responsible for management of the mental health advocacy division; provided, however, that the director may delegate day-to-day operations of the division to the mental health advocate.     (Code 1981, §17-12-11, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2004, Ex. Sess., p. ES3, § 15/HB 1EX; Ga. L. 2008, p. 846, § 25/HB 1245.)
GA Code § 17-12-13 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-13. Effective Date of Article

 Repealed by Ga. L. 2011, p. 91, § 9/HB 238, effective July 1, 2011.   Editor's notes.   - This Code section was based on Code 1981, § 17-12-13, enacted by Ga. L. 2003, p. 191, § 1.
GA Code § 17-12-14 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-14. Applicability of Article

 Repealed by Ga. L 2003, p. 191, § 1, effective December 21, 2003.   Editor's notes.   - This Code section was based on Ga. L. 1968, p. 999, § 13.
GA Code § 17-12-19.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1A - Representation of Indigents|§ 17-12-19.1. Through 17-12-19.14

 Repealed by Ga. L. 2004, Ex. Sess., p. ES3, § 16/HB 1EX, effective December 31, 2004.   Editor's notes.   - This article was based on Code 1981, §§ 17-12-19.1 -17-12-19.14, enacted by Ga. L. 2004, Ex. Sess., p. ES3, § 16/HB 1EX.
GA Code § 17-12-21 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 2 - Public Defenders|§ 17-12-21. Qualifications for Public Defender Position

 To be eligible to fill the position of circuit public defender, a person must:    Have attained the age of 25 years;   Have been duly admitted and licensed to practice law in the superior courts for at least three years;   Be a member in good standing of the State Bar of Georgia; and   If previously disbarred from the practice of law, have been reinstated as provided by law.     (Code 1981, §17-12-21, enacted by Ga. L. 2003, p. 191, § 1.)
GA Code § 17-12-22 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 2 - Public Defenders|§ 17-12-22. Procedure for Appointment of Attorneys for Indigent Defendants in Event of Public Defender's Conflict of Interest; Identification of Conflict

  The director, with input from the council, shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. Such procedure may include, but shall not be limited to, the appointment of individual counsel on a case-by-case basis or the utilization of another circuit public defender office. Whatever procedure the director establishes for each circuit's conflict of interest cases shall be adhered to by the circuit public defender office. It is the intent of the General Assembly that the director consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest.   The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity. If there is a conflict of interest such that the circuit public defender office cannot represent a defendant and an attorney who is not employed by the circuit public defender office is appointed, such attorney shall have a contractual relationship with the council to represent indigent persons in conflict of interest cases, and such relationship may include, but shall not be limited to, a flat fee structure.   Attorneys who seek appointment in conflict cases shall have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which he or she is appointed and shall meet such qualifications and standards for the representation of indigent defendants as are established by the council.     (Code 1981, §17-12-22, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2008, p. 846, § 29/HB 1245; Ga. L. 2010, p. 226, § 2A/HB 889; Ga. L. 2011, p. 91, § 11/HB 238.)   Law reviews.   - For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007).   JUDICIAL DECISIONS   Authority of trial court over withdrawal determination.    - O.C.G.A. § 17-12-22 of the Indigent Defense Act of 2003, O.C.G.A. § 17-12-1 et seq., did not remove a trial court's authority to determine whether a conflict of interest between an indigent criminal defendant and a public defender who was assigned to represent the defendant's interest required withdrawal of the defender as it only removed the appointment of assigned counsel from the trial court's authority; there was no conflict between § 17-12-22 and Ga. Unif. Super. Ct. R. 4.3, as § 17-12-22 was enacted to facilitate the identification of conflicts before a public defender undertook representation, and when a conflict arose or was discovered after representation had commenced, a trial court still had authority to determine the issue of withdrawal. Odum v. State, 283 Ga. App. 291, 641 S.E.2d 279 (2007).
GA Code § 17-12-24 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 2 - Public Defenders|§ 17-12-24. Financial Eligibility for Indigent Defense Services Representation; Operation of Public Defender's Office

  The circuit public defender, any other person or entity providing indigent defense services, or the system established pursuant to Code Section 17-12-80 shall determine if a person or juvenile arrested, detained, or charged in any manner is an indigent person entitled to representation under this chapter.   The circuit public defenders shall administer and coordinate the day-to-day operations of their respective offices and shall supervise the assistant public defenders and other staff serving in the office.   The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this chapter; and any other information requested by the council.     (Code 1981, §17-12-24, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2006, p. 752, § 7/SB 503; Ga. L. 2008, p. 846, § 31/HB 1245.)
GA Code § 17-12-25.1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 2 - Public Defenders|§ 17-12-25.1. Accountability Court Supplement

  Whenever a circuit has implemented a drug court division, mental health court division, or veterans court division, then on and after January 1, 2016, the state shall pay the circuit public defender in such circuit an annual accountability court supplement of $6,000.00. Such supplement shall be paid from state funds by the Georgia Public Defender Council in equal monthly installments as regular compensation.   Notwithstanding Code Sections 17-12-27 and 17-12-28, the accountability court salary supplement paid pursuant to this Code section shall not be included in any calculation of compensation paid to assistant circuit public defenders or investigators that is measured as a percentage of a circuit public defender's salary.   When a local law provides for a salary to be paid based on a percentage of, total compensation for, or similar mathematical relationship to a circuit public defender's salary, the accountability court salary supplement paid pursuant to this Code section shall not be included in the calculation of compensation to be paid by a county, municipality, or consolidated government.   Notwithstanding subsection (b) of Code Section 17-12-25 and Code Section 17-12-30, on and after January 1, 2016, no county or counties comprising the circuit shall increase an aggregate county salary supplement paid to the circuit public defender or a state-paid position appointed pursuant to this article, if such supplement is $50,000.00 or more.     (Code 1981, §17-12-25.1, enacted by Ga. L. 2015, p. 919, § 1-8/HB 279; Ga. L. 2016, p. 864, § 17/HB 737.)   Editor's notes.   - Ga. L. 2015, p. 919, § 4-1(b)(1) and (2)/HB 279, not codified by the General Assembly, provides: "(b)(1) Part I of this Act shall become effective only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.   "(2) If funds are so appropriated, then Part I of this Act shall become effective on July 1, 2015, for purposes of making the initial appointments of the Court of Appeals Judges created by Part I of this Act, and for all other purposes, Part I of this Act shall become effective on January 1, 2016." Funds were appropriated at the 2015 session of the General Assembly.
GA Code § 17-12-26 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 2 - Public Defenders|§ 17-12-26. Budget of the Council

 The council shall prepare and submit to the director of the Office of Planning and Budget its budget estimate necessary for fulfilling the purposes of this chapter in accordance with Code Section 45-12-78. The council shall be authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this chapter.    (Code 1981, §17-12-26, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2004, Ex. Sess., p. ES3, § 19/HB 1EX; Ga. L. 2006, p. 72, § 17/SB 465; Ga. L. 2006, p. 752, § 8/SB 503; Ga. L. 2007, p. 65, § 3/SB 139; Ga. L. 2008, p. VO1, § 1-9/HB 529; Ga. L. 2008, p. 846, § 33/HB 1245.)   Code Commission notes.   - The amendment of this Code section by Ga. L. 2008, p. VO1, §§ 1-9, irreconcilably conflicted with and was treated as superseded by Ga. L. 2008, p. 846, § 33/HB 1245. See County of Butts v. Strahan, 151 Ga. 417 (1921).   Editor's notes.   - Ga. L. 2008, p. VO1, which amended this Code section, was passed by the General Assembly as HB 529 at the 2007 regular session but vetoed by the Governor on May 30, 2007. The General Assembly overrode that veto on January 28, 2008, and the Act became effective on that date.   JUDICIAL DECISIONS    Cited in Ga. Public Defender Stds. Council v. State of Ga., 284 Ga. App. 660, 644 S.E.2d 510 (2007).
GA Code § 17-12-29 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 2 - Public Defenders|§ 17-12-29. Employment of Supplemental Personnel; Compensation

  Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the council based on funds appropriated by the General Assembly or otherwise available; provided, however, that each circuit public defender shall be authorized not less than two such personnel. In authorizing administrative, clerical, and paraprofessional personnel, the council shall consider the caseload, present staff, and resources available to each circuit public defender and shall make authorizations as will contribute to the efficiency of individual circuit public defenders in providing effective criminal defense for indigent defendants.   Personnel appointed pursuant to this Code section shall be compensated based on a salary range developed in accordance with Code Section 17-12-30.   All personnel actions involving personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 17-12-30.     (Code 1981, §17-12-27, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2004, p. 631, § 17; Ga. L. 2004, Ex. Sess., p. ES3, § 22/HB 1EX.)
GA Code § 17-12-31 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 2 - Public Defenders|§ 17-12-31. Employment of Additional Personnel

  The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors if the employment of such additional personnel is provided for by local law or if the employment of such additional personnel is specifically authorized and funded by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender.   Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit in the manner and in an amount fixed either by local Act or by the circuit public defender with the specific approval of the county or counties comprising the judicial circuit.     (Code 1981, §17-12-31, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2008, p. 846, § 35/HB 1245.)   Law reviews.   - For comment, "The Guiding Hand of Counsel: Effective Representation for Indigent Defendants in the Cordele Judicial Circuit," see 66 Mercer L. Rev. 781 (2015).
GA Code § 17-12-32 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 2 - Public Defenders|§ 17-12-32. Contracting With the Council for Personnel Paid by Local Government

 The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the council to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the circuit public defender pursuant to this article. The governing authority of such county or municipality shall transfer to the council such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel.    (Code 1981, §17-12-32, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2006, p. 752, § 10/SB 503.)