---
title: O.C.G.A. § 17-12-12. Georgia capital defender division; duties, responsibilities, and management.
collection: code
id: 17-12-12
cite_as: O.C.G.A. § 17-12-12 (2025)
canonical_url: https://georgiacommons.org/code/17-12-12
md_url: https://georgiacommons.org/code/17-12-12.md
text_url: https://georgiacommons.org/code/17-12-12/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=1306
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.
up: https://georgiacommons.org/code/17-12.md
previous: https://georgiacommons.org/code/17-12-11.md
next: https://georgiacommons.org/code/17-12-12.1.md
index: https://georgiacommons.org/code/index.md
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. Georgia capital defender division; duties, responsibilities, and management.

(a) 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, 2008. Any assets or resources of the Office of the Georgia Capital Defender shall be transferred to the council. The Georgia capital defender division shall serve all counties of this state.

(b) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be an indigent person who has requested the assistance of counsel, the court in which the charges are pending shall notify the Georgia capital defender division, and the division shall assume the defense of such person except as provided in Code Section 17-12-12.1.

(c) No person shall be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony.

(d) The Georgia capital defender division or appointed counsel’s defense of a defendant in a case in which the death penalty is sought shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the Georgia capital defender division nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court.

(e) The director shall be responsible for management of the Georgia capital defender division; provided, however, that the director may delegate day-to-day operations of the division to the capital defender.

## History

Code 1981, § 17-12-12, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2008, p. 846, § 26/HB 1245.

## Law Reviews

For article, ‘‘The Indigent Defendant in Georgia,’’ see 26 Ga. B.J. 395 (1964). For article supporting the adoption of comprehensive right to counsel legislation, see 3 Ga. St. B.J. 157 (1966).

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