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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint: One assistant public defender for each superior court judge authorized for the circuit, excluding the chief judge and senior judges; and Subject to funds being appropriated by the General Assembly or otherwise available, additional assistant […]
Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint one investigator to assist the circuit public defender in the performance of his or her official duties in the preparation of cases for trial. Subject to funds being appropriated by the General Assembly or otherwise […]
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 […]
All state paid personnel employed by the circuit public defenders pursuant to this article shall be employees of the executive branch of state government and shall be in the unclassified service as defined by Code Section 45-20-2. Personnel employed by the circuit public defenders pursuant to this article shall have the authority, duties, powers, and […]
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 […]
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 […]
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. Any assistant public defender or any other attorney at […]
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 […]
A circuit public defender office may contract with and may accept funds and grants from any public or private source. History. Code 1981, § 17-12-35 , enacted by Ga. L. 2003, p. 191, § 1.
The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if: The delivery system: Has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or Is administered […]
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 […]
