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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 12. LEGAL DEFENSE FOR INDIGENTS · Article 2. PUBLIC DEFENDERS

17-12-23. Cases in which public defender representation required; timing of representation; juvenile divisions; contracts with local governments.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The circuit public defender shall provide representation in the following actions and proceedings:#

    1. (1)

      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;#

    2. (2)

      A hearing on a revocation of probation in a superior court;#

    3. (3)

      Any juvenile court case where the juvenile may face a disposition of confinement, commitment, or probation; and#

    4. (4)

      Any direct appeal of any of the proceedings enumerated in paragraphs (1) through (3) of this subsection.#

  2. (b)

    In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins not more than three business days after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed.#

  3. (c)

    Each circuit public defender shall establish a juvenile division within the circuit public defender office to specialize in the defense of juveniles.#

  4. (d)

    A city or county may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city or county ordinances or state laws. If a city or county does not contract with the circuit public defender office, the city or county shall be subject to all applicable policies and standards adopted by the council for representation of indigent persons in this state.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 17-12-23, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2006, p. 710, § 5/SB 203; Ga. L. 2008, p. 846, § 30/HB 1245; Ga. L. 2011, p. 91, § 12/HB 238.

Law reviews

For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 61 (2006). For comment on Argersinger v. Hamlin, 407 U.S. 25, 92 S. Ct. 2006, 32 L. Ed. 2d 530 (1972), establishing an indigent’s right to appointed counsel in nonfelony criminal cases, see 22 J. of Pub. L. 191 (1973). For comment, ‘‘The Guiding Hand of Counsel: Effective Representation for Indigent Defendants in the Cordele Judicial Circuit,’’ see 66 Mercer L. Rev. 781 (2015).

Other notes

U.S. Code.
Right to and assignment of counsel, Federal Rules of Criminal Procedure, Rule 44.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, pages 1315 to 1316; merge action: carried; file SHA-256 0b0d45f9c609.

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O.C.G.A. § 17-12-23. Cases in which public defender representation required; timing of representation; juvenile divisions; contracts with local governments. | Georgia Commons