§ 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. History. Code 1981, § 17-12-37 […]
§ 17-12-23. Cases in Which Public Defender Representation Required; Timing of Representation; Juvenile Divisions; Contracts With Local Governments
The circuit public defender shall provide representation in the following actions and proceedings: 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; A hearing on a revocation […]
§ 17-12-40. Definitions
As used in this article, the term: “Circuit public defender” means any circuit public defender of this state or assistants of such officer. “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 […]
§ 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 […]
§ 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 […]
§ 17-12-25. Salary of Public Defender; Private Practice Prohibited
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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]