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Title 17. CRIMINAL PROCEDURE

Chapter 12. LEGAL DEFENSE FOR INDIGENTS

49 sections · 17-12-1 to 17-12-120

Machine-readable https://georgiacommons.org/code/17-12.md · https://georgiacommons.org/code/index.md · MCP https://mcp.georgiacommons.org/mcp

Article 1. GEORGIA PUBLIC DEFENDER COUNCIL

  1. 17-12-1Short title; Georgia Public Defender Council; responsibilities.
  2. 17-12-2Definitions.
  3. 17-12-3Council created; membership.
  4. 17-12-4Authority of council; annual audit.
  5. 17-12-5Director; qualifications; powers and responsibilities.
  6. 17-12-6Assistance of council to public defenders.
  7. 17-12-7Councilmembers; responsibilities; voting; removal; quorum; meetings; officers; expenses.
  8. 17-12-8Approval by council of programs for representation of indigents; public access to policies and standards.Repealed
  9. 17-12-9Continuing legal education for public defenders and staff.
  10. 17-12-10Annual reporting.
  11. 17-12-10.1Legislative oversight committee created; membership; audits.
  12. 17-12-10.2Civil liability.
  13. 17-12-11Mental health advocacy division; duties, responsibilities, and management.
  14. 17-12-12Georgia capital defender division; duties, responsibilities, and management.
  15. 17-12-12.1Payment of attorney in event of conflict of interest in capital cases; number of attorneys appointed; county governing authority’s financial responsibility; expenses.
  16. 17-12-13Effective date of article.Repealed
  17. 17-12-14Applicability of article.Repealed

Article 1A. REPRESENTATION OF INDIGENTS

  1. 17-12-19.1 to 17-12-19.14(no catchline printed)Repealed

Article 2. PUBLIC DEFENDERS

  1. 17-12-20Public defender selection panel for each circuit; appointment of public defender; removal; vacancies.
  2. 17-12-21Qualifications for public defender position.
  3. 17-12-22Procedure for appointment of attorneys for indigent defendants in event of public defender’s conflict of interest; identification of conflict.
  4. 17-12-23Cases in which public defender representation required; timing of representation; juvenile divisions; contracts with local governments.
  5. 17-12-24Financial eligibility for indigent defense services representation; operation of public defender’s office.
  6. 17-12-25Salary of public defender; private practice prohibited.
  7. 17-12-25.1Accountability court supplement.
  8. 17-12-26Budget of the council.
  9. 17-12-27Appointment of assistant public defenders; salary; promotions.
  10. 17-12-28Appointment of investigator; role and responsibilities; compensation; promotions.
  11. 17-12-29Employment of supplemental personnel; compensation.
  12. 17-12-30Classification of personnel; responsibilities; compensation; local supplements.
  13. 17-12-31Employment of additional personnel.
  14. 17-12-32Contracting with the council for personnel paid by local government.
  15. 17-12-33Assistant public defenders’ private practice of law or concurrent judicial service prohibited; admission to bar in Georgia.
  16. 17-12-34Pro rata sharing of expenses and resources by counties in each circuit.
  17. 17-12-35Acceptance of other funding.
  18. 17-12-36Alternative delivery system; annual review of operations by council; record keeping.
  19. 17-12-37Effective date of article.

Article 3. ASSISTANCE BY THIRD-YEAR LAW STUDENTS OR STAFF INSTRUCTORS

  1. 17-12-40Definitions.
  2. 17-12-41Assistance of public defender by third-year law student or staff instructor.
  3. 17-12-42Judge may prescribe type of assistance provided by law student or staff instructor; certification by law school dean.
  4. 17-12-43Clerk of court to maintain records; limited period of assistance.
  5. 17-12-44Exception to qualification requirements for public defender or assistant public defender.
  6. 17-12-45Effective date of article.

Article 3A. RECOVERY OF ATTORNEY’S FEES AND COSTS

  1. 17-12-50Definitions.
  2. 17-12-51Repayment of attorney’s fees as condition of probation.
  3. 17-12-52Recovery of payment or reimbursement by a county or municipality.

Article 4. VERIFICATION OF INDIGENCY

  1. 17-12-80Verification of indigency required; procedure; timing of notification of eligibility.

Article 5. OFFICE OF MULTICOUNTY PUBLIC DEFENDER

  1. 17-12-100 to 17-12-108(no catchline printed)Repealed

Article 6. GEORGIA CAPITAL DEFENDER

  1. 17-12-120 to 17-12-128(no catchline printed)Repealed