GA Code § 17-12-1 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 12 - Legal Defense for Indigents|Article 1 - Georgia Public Defender Council|§ 17-12-1. Short Title; Georgia Public Defender Council; Responsibilities

  This chapter shall be known and may be cited as the "Georgia Indigent Defense Act of 2003."   The Georgia Public Defender Council shall be an independent agency within the executive branch of state government.   The council shall be responsible for assuring that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter.     (Code 1981, §17-12-1, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2007, p. 65, § 1/SB 139; Ga. L. 2015, p. 519, § 7-1/HB 328.)   Cross references.   - Appointment of counsel for indigent defendants, Uniform Superior Court Rules, Rule 29.   U.S. Code.   - Right to and assignment of counsel, Federal Rules of Criminal Procedure, Rule 44.   Law reviews.   - For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007). For survey article on legal ethics, see 59 Mercer L. Rev. 253 (2007).   JUDICIAL DECISIONS    Construction with former § 17-12-10. - Georgia Indigent Defense Act, in replacing former O.C.G.A. § 17-12-10(c), did not preclude a trial court from ordering restitution of attorney fees as part of the court's general power to impose reasonable conditions of probation under O.C.G.A. § 42-8-35; thus, a defendant was properly ordered to reimburse the costs of the defendant's legal representation and that aspect of the defendant's sentence was not a nullity. State v. Pless, 282 Ga. 58, 646 S.E.2d 202 (2007).   Failure to exercise diligence in procuring counsel.    - Trial court did not abuse the court's discretion by proceeding with trial and refusing to delay the proceedings after concluding that the defendant did not exercise reasonable diligence in procuring counsel because the record showed that the defendant repeatedly claimed, over a period of three months, that the defendant was in the process of retaining counsel, and the defendant was advised on multiple occasions by the trial court to make a better effort to do so. Hatcher v. State, 320 Ga. App. 366, 739 S.E.2d 805 (2013).   Transcript costs for indigents.    - It was error to hold that under O.C.G.A. § 17-12-34 of the Georgia Indigent Defense Act of 2003, the Georgia Public Defender Standards Council was required to pay for indigent defendants' costs of transcripts in criminal cases; under laws existing before the act, counties were required to pay for such transcripts, and the act does not repeal these laws by implication. Ga. Public Defender Stds. Council v. State of Ga., 284 Ga. App. 660, 644 S.E.2d 510 (2007).   Access to state funded experts and investigators.    - Trial court erred in determining that the defendant, who was indigent and represented by private, pro bono counsel had neither a statutory right under the Indigent Defense Act of 2003, O.C.G.A. § 17-12-1 et seq., nor a constitutional right to state-funded experts and investigators needed to prepare a defense. Contrary to the trial court's conclusion, the Act allowed the defendant to obtain such ancillary defense services through a contract between pro bono counsel and either the Georgia Public Defender Council or the appropriate circuit public defender. Duke v. State, Ga. , 856 S.E.2d 250 (Mar. 15, 2021).   OPINIONS OF THE ATTORNEY GENERAL   Placement of Georgia Public Defenders Standards Council in executive branch.   - General Assembly was authorized to place the Georgia Public Defenders Standards Council (GPDSC) in the executive branch. A suit by GPDSC, whether by pro bono counsel or otherwise, against the state for so placing the GPDSC in the executive branch (or for any other reason) would be ultra vires and illegal. 2009 Op. Att'y Gen. No. 2009-2.   Responsibilities of Director of Georgia Public Defender Standards Council.   - Director of the Georgia Public Defender Standards Council has broad authority and is responsible for the day to day operation of the agency. The Council's limited responsibilities, to be carried out concurrently with the director, include setting standards, conducting audits, making financial disclosures, receiving funds, providing for legal education, reporting to the General Assembly, and providing procedures for the appointment of conflict council. 2009 Op. Att'y Gen. No. 2009-5.