reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-12.1 - Payment of attorney in event of conflict of interest in capital cases; number of attorneys appointed; county governing authority's financial responsibility; expenses

(a)
If there is a conflict of interest such that the Georgia capital defender division is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the director shall determine and appoint counsel to represent the defendant. The director shall establish the contractual agreement with the defendant's counsel for payment of representing the defendant, and, when feasible and prudent, a flat fee structure shall be utilized.
(b)
A maximum of two attorneys shall be paid by the council pursuant to a contractual agreement or at an hourly rate established by the council with state funds appropriated to the council. State funds shall be appropriated to the council for use by the Georgia capital defender division for the first $150,000.00 paid for each death penalty case. Funding for attorney's fees and expenses between $150,000.01 and $250,000.00 for each death penalty case shall be paid through state appropriations for 75 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 25 percent of such attorney's fees and expenses. Funding for all attorney's fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 50 percent of such attorney's fees and expenses.
(c)
The council, with the assistance of the Georgia capital defender division, shall establish guidelines for all expense requests for cases in which the death penalty is sought, including, but not limited to, attorney's fees, expert witness fees, investigative fees, travel and accommodation expenses, and copy and transcription costs.
(d)
A county governing authority may provide supplemental compensation to counsel appointed pursuant to this Code section.
Added by 2008 Ga. Laws 729,§ 27, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-13 - [Repealed] Effective date of article

Repealed by 2011 Ga. Laws 51,§ 9, eff. 7/1/2011.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1 - GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL (§§ 17-12-1 — 17-12-14) › Section 17-12-14 - Applicability of article

[Repealed]Effective date of article.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 1A - REPRESENTATION OF INDIGENTS (§ 17-12-19.1) › Section 17-12-19.1 - through 17-12-19.14 - [Repealed]

Code 1981, §§
17-12-19.1-17-12-19.14
, enacted by Ga. L. 2004, Ex. Sess., p. ES3, § 16/HB 1EX; repealed by Ga. L. 2004, Ex. Sess., p. ES3, § 16/HB 1EX, effective 12/31/2004.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-21 - Qualifications for public defender position

To be eligible to fill the position of circuit public defender, a person must:
(1)
Have attained the age of 25 years;
(2)
Have been duly admitted and licensed to practice law in the superior courts for at least three years;
(3)
Be a member in good standing of the State Bar of Georgia; and
(4)
If previously disbarred from the practice of law, have been reinstated as provided by law.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-22 - Procedure for appointment of attorneys for indigent defendants in event of public defender's conflict of interest; identification of conflict

(a)
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.
(b)
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.
(c)
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.
Amended by 2011 Ga. Laws 51,§ 11, eff. 7/1/2011.
Amended by 2010 Ga. Laws 404,§ 2A, eff. 7/1/2010.
Amended by 2008 Ga. Laws 729,§ 29, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-23 - Cases in which public defender representation required; timing of representation; juvenile divisions; contracts with local governments

(a)
The circuit public defender shall provide representation in the following actions and proceedings:
(1)
Any case prosecuted in a superior court under the laws of the State of Georgia in which there is a possibility that a sentence of imprisonment or probation or a suspended sentence of imprisonment may be adjudged;
(2)
A hearing on a revocation of probation in a superior court;
(3)
Any juvenile court case where the juvenile may face a disposition of confinement, commitment, or probation; and
(4)
Any direct appeal of any of the proceedings enumerated in paragraphs (1) through (3) of this subsection.
(b)
In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins not more than three business days after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed.
(c)
Each circuit public defender shall establish a juvenile division within the circuit public defender office to specialize in the defense of juveniles.
(d)
A city or county may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city or county ordinances or state laws. If a city or county does not contract with the circuit public defender office, the city or county shall be subject to all applicable policies and standards adopted by the council for representation of indigent persons in this state.
Amended by 2011 Ga. Laws 51,§ 12, eff. 7/1/2011.
Amended by 2008 Ga. Laws 729,§ 30, eff. 7/1/2008.
Amended by 2006 Ga. Laws 739,§ 5, eff. 7/1/2006.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-24 - Financial eligibility for indigent defense services representation; operation of public defender's office

(a)
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.
(b)
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.
(c)
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.
Amended by 2008 Ga. Laws 729,§ 31, eff. 7/1/2008.
Amended by 2006 Ga. Laws 749,§ 7, eff. 5/3/2006.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-25 - Salary of public defender; private practice prohibited

(a)
Each circuit public defender shall receive an annual salary equal to the annual salary of a district attorney and shall receive any cost-of-living adjustments that may be given by the General Assembly in the General Appropriations Act for which district attorneys are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. Each circuit public defender may also be entitled to an accountability court salary supplement as set forth in Code Section
17-12-25.1
.
(b)
The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater.
(c)
No circuit public defender shall engage in the private practice of law for profit or serve concurrently in any judicial office.
Amended by 2022 Ga. Laws 780,§ 1, eff. 7/1/2022.
Amended by 2015 Ga. Laws 138,§ 1-7, eff. 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.
Amended by 2012 Ga. Laws 630,§ 2-18, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
Amended by 2008 Ga. Laws 729,§ 32, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-25.1 - Accountability court supplement

(a)
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.
(b)
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.
(c)
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.
(d)
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.
Amended by 2016 Ga. Laws 625,§ 17, eff. 5/3/2016.
Amended by 2015 Ga. Laws 138,§ 1-8, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 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.
Amended by 2008 Ga. Laws 729,§ 33, eff. 7/1/2008.
Amended by 2007 Ga. Laws 22,§ 3, eff. 7/1/2007.
Amended by 2006 Ga. Laws 749,§ 8, eff. 5/3/2006.
Amended by 2006 Ga. Laws 453,§ 17, eff. 4/14/2006.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-29 - Employment of supplemental personnel; compensation

(a)
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.
(b)
Personnel appointed pursuant to this Code section shall be compensated based on a salary range developed in accordance with Code Section
17-12-30
.
(c)
All personnel actions involving personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section
17-12-30
.
Amended by 2004 Ga. Laws 564, § 17, eff. 1/1/2005
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-31 - Employment of additional personnel

(a)
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.
(b)
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.
Amended by 2008 Ga. Laws 729,§ 35, eff. 7/1/2008.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 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.
Amended by 2006 Ga. Laws 749,§ 10, eff. 5/3/2006.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-33 - Assistant public defenders' private practice of law or concurrent judicial service prohibited; admission to bar in Georgia

(a)
Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit or serve concurrently in any judicial office.
(b)
Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender and shall have such authority, powers, and duties as may be assigned by the circuit public defender.
Amended by 2008 Ga. Laws 729,§ 36, eff. 7/1/2008.
Amended by 2004 Ga. Laws 564, § 17, eff. 1/1/2005
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-34 - Pro rata sharing of expenses and resources by counties in each circuit

The governing authority of the county shall provide, in conjunction and cooperation with the other counties in the judicial circuit and in a pro rata share according to the population of each county, appropriate offices, utilities, telephone expenses, materials, and supplies as may be necessary to equip, maintain, and furnish the office or offices of the circuit public defender in an orderly and efficient manner. The provisions of an office, utilities, telephone expenses, materials, and supplies shall be subject to the budget procedures required by Article 1 of Chapter 81 of Title 36.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-35 - Acceptance of other funding

A circuit public defender office may contract with and may accept funds and grants from any public or private source.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39) › Section 17-12-37 - Effective date of article

This article shall become effective on January 1, 2005; provided, however, that the council and the circuit public defender selection panels shall be authorized to take administrative actions as may be necessary or appropriate to prepare for and phase-in full implementation of this article on or after December 31, 2003.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 3 - LAW STUDENTS AND STAFF INSTRUCTORS (§§ 17-12-40 — 17-12-45) › Section 17-12-40 - Definitions

As used in this article, the term:
(1)
"Circuit public defender" means any circuit public defender of this state or assistants of such officer.
(2)
"Criminal proceeding" means any investigation, trial, juvenile proceeding, adjudicatory hearing, or other legal proceeding by which a person's liability for a crime is investigated or determined, commencing with the investigation and including the final disposition of the case.
(3)
"Law school" means a law school within or outside this state which is approved by the American Bar Association or which is authorized to operate under Code Section
20-3-250.8
.
(4)
"Staff instructor" means a full-time professional staff instructor of a law school in this state who has been admitted to the bar of another state but who has not yet been admitted to the bar of this state.
(5)
"Third-year law student" means a student regularly enrolled and in good standing in a law school within or outside this state who has satisfactorily completed at least two-thirds of the requirements for the first professional degree in law (J.D. or its equivalent) in not less than four semesters or six quarters of residence.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 3 - LAW STUDENTS AND STAFF INSTRUCTORS (§§ 17-12-40 — 17-12-45) › Section 17-12-41 - Assistance of public defender by third-year law student or staff instructor

An authorized third-year law student or staff instructor, when under the supervision of a circuit public defender, may assist in criminal proceedings within this state as if admitted and licensed to practice law in this state except that all pleadings and other entries of record must be signed by a circuit public defender or by his or her duly appointed assistant and that, in the conduct of a trial or other criminal proceeding, a circuit public defender or his or her duly appointed assistant must be physically present.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 3 - LAW STUDENTS AND STAFF INSTRUCTORS (§§ 17-12-40 — 17-12-45) › Section 17-12-42 - Judge may prescribe type of assistance provided by law student or staff instructor; certification by law school dean

A third-year law student or staff instructor may be authorized to assist a circuit public defender in such form and manner as the judge of the court may prescribe, taking care that the requirements of this article and the good moral character of the third-year law student or staff instructor are properly certified by the dean of the law school.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 3 - LAW STUDENTS AND STAFF INSTRUCTORS (§§ 17-12-40 — 17-12-45) › Section 17-12-43 - Clerk of court to maintain records; limited period of assistance

As to each third-year law student or staff instructor authorized to assist a circuit public defender, there shall be kept on file in the office of the clerk of the court in the county where such authority is to be exercised the dean's certificate, the student's and instructor's oaths, and the judge's order as contemplated under Code Section
17-12-42
. The authority to assist a circuit public defender as allowed under this Code section shall extend for no longer than 18 months. If during this period any change occurs in the status of the student or instructor at the law school in which he or she was enrolled or employed, that is, if the student ceases his or her enrollment, is suspended, or is expelled or if the instructor ceases his or her employment or is released by the school, any such authority shall terminate and be revoked.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 3 - LAW STUDENTS AND STAFF INSTRUCTORS (§§ 17-12-40 — 17-12-45) › Section 17-12-44 - Exception to qualification requirements for public defender or assistant public defender

Any third-year law student or staff instructor authorized to assist a circuit public defender under this article is not required to possess the qualifications for appointment to the office of circuit public defender or appointment as an assistant circuit public defender as provided in Article 1 of this chapter.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 3 - LAW STUDENTS AND STAFF INSTRUCTORS (§§ 17-12-40 — 17-12-45) › Section 17-12-45 - Effective date of article

This article shall become effective on January 1, 2005.
Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 3A - RECOVERY OF PUBLIC DEFENDER COSTS (§§ 17-12-50 — 17-12-52) › Section 17-12-50 - Definitions

As used in this article, the term:
(1)
"Paid in part" means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section
17-12-23
. The term shall not include payment by a county or municipality for office space and other supplies as set forth in Code Section
17-12-34
.
(2)
"Public defender" means an attorney employed by a circuit public defender office or any other attorney who is paid from public funds to represent an indigent person in a criminal case.
Amended by 2008 Ga. Laws 729,§ 39, eff. 7/1/2008.
Added by 2006 Ga. Laws 739,§ 6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 3A - RECOVERY OF PUBLIC DEFENDER COSTS (§§ 17-12-50 — 17-12-52) › Section 17-12-51 - Repayment of attorney's fees as condition of probation

(a)
When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the county.
(b)
When a defendant who is represented by a public defender, who is paid in part or in whole by a municipality, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the community supervision officer to the municipality.
(c)
If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or such defendant's dependent or dependents. Such defendant shall make such payment through the community supervision officer to the Georgia Public Defender Council for payment to the general fund of the state treasury.
(d)
In determining whether or not a payment imposed under this Code section imposes a financial hardship upon a defendant or defendant's dependent or dependents and in determining the amount of the payment to impose, the court shall consider the factors set forth in Code Section
17-14-10
. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense. If requested by the defendant, the court shall hold a hearing to determine the amount to be paid.
(e)
This Code section shall not apply to a disposition involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.
Amended by 2015 Ga. Laws 74,§ 7-12, eff. 7/1/2015.
Amended by 2015 Ga. Laws 73,§ 5-34, eff. 7/1/2015.
Amended by 2008 Ga. Laws 729,§ 40, eff. 7/1/2008.
Added by 2006 Ga. Laws 739,§ 6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 3A - RECOVERY OF PUBLIC DEFENDER COSTS (§§ 17-12-50 — 17-12-52) › Section 17-12-52 - Recovery of payment or reimbursement by a county or municipality

(a)
A county or municipality may recover payment or reimbursement from a person who has received legal assistance from a public defender paid in part or in whole by the county or municipality:
(1)
If the person was not eligible to receive such legal assistance; or
(2)
If the person has been ordered to pay for the legal representation and other expenses of the defense pursuant to Code Section
17-12-51
and has not paid for the legal services.
(b)
An action shall be brought within four years after the date on which the legal services were received.
(c)
In determining the amount of the payment imposed under this Code section, the court shall consider the factors set forth in Code Section
17-14-10
. The public defender may provide the court with an estimate of the cost for providing to the defendant the legal representation and other expenses of the defense.
(d)
This Code section shall not apply to proceedings involving a child pursuant to Chapter 11 of Title 15, relating to juvenile proceedings.
Added by 2006 Ga. Laws 739,§ 6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 4 - CONFIRMATION OF INDIGENCY (§ 17-12-80) › Section 17-12-80 - Verification of indigency required; procedure; timing of notification of eligibility

(a)
In order to retain funding as provided in Code Sections
15-21-74
and
15-21A-6
, a governing authority shall verify that the applicant qualifies as an indigent person. The governing authority shall establish the methodology for verification and fund such process. The governing authority shall produce auditable information to the council to substantiate its verification process as requested by the council or its director.
(b)
The council shall establish policies to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks' Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system.
(c)
The governing authority shall advise the circuit public defender, if applicable, or the administrator of the indigent defense system for the jurisdiction of the name of each person who has applied for legal services and provide identifying information for those persons who are financially eligible for services within one business day of such person's application for services.
Amended by 2015 Ga. Laws 74,§ 7-13, eff. 7/1/2015.
Amended by 2011 Ga. Laws 51,§ 15, eff. 7/1/2011.
Article amended by 2008 Ga. Laws 729,§ 41, eff. 7/1/2008.
Amended by 2004 Ga. Laws 564, § 17, eff. 5/13/2004.
Added by 2003 Ga. Laws 32, § 1, eff. 12/31/2003.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 5 - MULTICOUNTY PUBLIC DEFENDER (§ 17-12-100) › Section 17-12-100 - through 17-12-108

Repealed by Ga. L. 2003, p. 191, § 1, effective December 31, 2004.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120) › Article 6 - [REPEALED] (§ 17-12-120) › Section 17-12-120 - through 17-12-128 - [Repealed]

Repealed by Ga. L. 2008, p. 846, § 42/HB 1245, effective July 1, 2008.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 1 - GENERAL PROVISIONS (§§ 17-13-1 — 17-13-5) › Section 17-13-1 - Requirements as to applications for requisitions for extradition of fugitives from justice of this state

In addition to rules adopted by the Governor, the following rules shall be observed as a condition precedent to obtaining a requisition by him for the extradition of any fugitive from the justice of this state:
(1)
The application for a requisition shall be made to the Governor by a district attorney, prosecuting attorney of a state court, judge of a city or state court, or the mayor of any municipal corporation of this state and must show the full name of the fugitive for whom extradition is asked, the crime charged, the state or territory to which he has fled, the full name of the person suggested to act as agent of this state to receive and convey the fugitive to this state, the agent in no case to be the prosecutor; but the Governor may, in his discretion, appoint some other suitable person as agent of this state to receive and convey the fugitive. The application must also show that the ends of public justice require that the fugitive shall be brought back to this state for trial and that the requisition is not wanted for the purpose of enforcing the collection of a debt or for any private purpose whatever but solely for the purpose of a criminal prosecution as provided by law;
(2)
The application shall be accompanied by the affidavit of the prosecutor, if any, stating that the requisition is wanted for the sole purpose of punishing the accused and not in any way to collect a debt or money or to enforce the payment thereof;
(3)
If the fugitive has been indicted, two certified copies of the indictment or presentment shall be forwarded to the Governor with the application; and
(4)
If no indictment has been preferred and an affidavit is the basis of the requisition, the affidavit shall describe the crime committed, with all the particularity required in an indictment, and two certified copies of the affidavit shall accompany the petition for the requisition.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 1 - GENERAL PROVISIONS (§§ 17-13-1 — 17-13-5) › Section 17-13-2 - Duty of Governor to make requisitions

When an application is made as provided in Code Section
17-13-1
and in accordance with other rules adopted by the Governor, he shall make his requisition for the extradition of the fugitive under the seal of the office of the Governor, according to law.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 1 - GENERAL PROVISIONS (§§ 17-13-1 — 17-13-5) › Section 17-13-3 - Expense of returning fugitives to be first authorized by county governing authority

Before any expenses shall be incurred by any officer or duly authorized agent of the state for bringing back to the county where the crime was committed any fugitive from the justice of this state, who may be beyond the limits of the state, so as to become a charge upon any county where the crime was committed, the incurring of any such expense and the amount thereof shall be first authorized by the county governing authority.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 1 - GENERAL PROVISIONS (§§ 17-13-1 — 17-13-5) › Section 17-13-4 - Arrest and delivery to authorities of fugitive from foreign country

Whenever a fugitive from justice from a foreign country is found within this state, and by the treaty stipulations of the United States the person is to be surrendered to the authorities of the foreign country upon requisition from the proper officers, the Governor, by his warrant, shall cause him to be arrested and delivered over to such authorities.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 1 - GENERAL PROVISIONS (§§ 17-13-1 — 17-13-5) › Section 17-13-5 - Execution of warrants for arrest of fugitives from justice

When the Governor or other officer issues a warrant of arrest, it is the duty of the sheriffs, their deputies, coroners, and constables to execute it when placed in their hands.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-20 - Short title

This article shall be known and may be cited as the "Uniform Criminal Extradition Act."
Amended by 2004 Ga. Laws 564, § 17, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-21 - Definitions

As used in this article, the term:
(1)
"Executive authority" includes the Governor and any person performing the functions of governor in a state other than this state.
(2)
"Governor" includes any person performing the functions of governor by authority of the laws of this state.
(3)
"State," referring to a state other than this state, includes the District of Columbia and any other state or territory, organized or unorganized, of the United States of America.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-22 - Duty of Governor to have fugitives from justice arrested and delivered to executive authorities of other states

Subject to this article, the Constitution of the United States, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-23 - Form of demand for extradition of person charged with crime in another state

No demand for the extradition of a person charged with a crime in another state shall be recognized by the Governor unless in writing, alleging, except in cases arising under Code Section
17-13-25
, that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter he fled from the state, and accompanied by a copy of an indictment found, or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon, or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of the state; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-24 - Extradition of person imprisoned or awaiting trial in another state or who has left the demanding state under compulsion

(a)
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of the other state for the extradition of the person before the conclusion of the proceedings or of his term of sentence in the other state, upon condition that the person be returned to the other state, at the expense of this state, as soon as the prosecution in this state is terminated.
(b)
The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state who is charged in the manner provided in Code Section
17-13-43
with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-25 - Extradition of persons not present in demanding state at time of commission of crime

The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in Code Section
17-13-23
with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand and the provisions of this article not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-26 - Investigation of case upon receipt of demand for extradition

When a demand for the surrender of a person charged with a crime shall be made upon the Governor of this state by the executive authority of another state, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, to report to him the situation and circumstances of the person so demanded, and to advise whether he ought to be surrendered.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-27 - Issue of Governor's warrant of arrest; recitals

If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the office of the Governor and directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-28 - Manner and place of execution of warrant

The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state, to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to other provisions of this article, to the duly authorized agent of the demanding state.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-29 - Authority of arresting officers; penalties for refusal to assist arresting officers

Every peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-30 - Rights of accused person; application for writ of habeas corpus; hearing; penalty

(a)
No person arrested upon a warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender, of the crime with which he is charged, and that he has the right to demand and procure legal counsel. If the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of the court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When the writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody and to the agent of the demanding state.
(b)
Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful disobedience of subsection (a) of this Code section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.00 or be imprisoned not more than six months, or both.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 13 - CRIMINAL EXTRADITION (§§ 17-13-1 — 17-13-49) › Article 2 - UNIFORM CRIMINAL EXTRADITION ACT (§§ 17-13-20 — 17-13-49) › Section 17-13-31 - Duty of district attorney to answer and defend habeas corpus action

The district attorney shall answer and defend any habeas corpus action brought under this article, which action contests the issuance, execution, or validity of a Governor's warrant of arrest, unless the Governor shall direct the Attorney General to answer and defend the habeas corpus action.