§ 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 […]
§ 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 […]
§ 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 […]
§ 17-12-12. Georgia Capital Defender Division; Duties, Responsibilities, and Management
The Georgia capital defender division shall represent all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and shall be the successor to the Office of the Georgia Capital Defender created by Article 6 of this chapter as it existed on June 30, […]
§ 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
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 […]
§ 17-12-20. Public Defender Selection Panel for Each Circuit; Appointment of Public Defender; Removal; Vacancies
On and after July 1, 2011, there is created in each judicial circuit in this state a circuit public defender supervisory panel to be composed of three members, all of whom shall be attorneys who regularly practice in that particular judicial circuit. The chief judge of the superior court of the circuit shall appoint one […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 17-12-2. Definitions
As used in this chapter, the term: “Assistant public defender” means an attorney who is employed by any circuit public defender. “Circuit public defender” means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. “Circuit public defender office” means the office of any of the […]