---
title: O.C.G.A. § 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.
collection: code
id: 17-12-12.1
cite_as: O.C.G.A. § 17-12-12.1 (2025)
canonical_url: https://georgiacommons.org/code/17-12-12.1
md_url: https://georgiacommons.org/code/17-12-12.1.md
text_url: https://georgiacommons.org/code/17-12-12.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t17-(v15)-2020-pdf.pdf?sfvrsn=8c04ccfe_0#page=1308
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMINAL PROCEDURE / LEGAL DEFENSE FOR INDIGENTS / GEORGIA PUBLIC DEFENDER COUNCIL
---

# O.C.G.A. § 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.

## History

Code 1981, § 17-12-12.1, enacted by Ga. L. 2008, p. 846, § 27/HB 1245.

## Law Reviews

For note suggesting attorney’s due process right to be compensated for representing an indigent, see 16 Mercer L. Rev. 367 (1964).