Assistance of public defender by third-year law student or staff instructor

An authorized third-year law student or staff instructor, when under the supervision of a circuit public defender, may assist in criminal proceedings within this state as if admitted and licensed to practice law in this state except that all pleadings and other entries of record must be signed by a circuit public defender or by his or her duly appointed assistant and that, in the conduct of a trial or other criminal proceeding, a circuit public defender or his or her duly appointed assistant must be physically present. History. — Code 1981, § 17-12-41, enacted by Ga. L. 2003, p. 191, § 1. 17-12-42. Judge may prescribe type of assistance provided by law student or staff instructor; certification by law school dean. A third-year law student or staff instructor may be authorized to assist a circuit public defender in such form and manner as the judge of the court may prescribe, taking care that the requirements of this article and the good moral character of the third-year law student or staff instructor are properly certified by the dean of the law school. History. — Code 1981, § 17-12-42, enacted by Ga. L. 2003, p. 191, § 1. 17-12-43. Clerk of court to maintain records; limited period of assistance. As to each third-year law student or staff instructor authorized to assist a circuit public defender, there shall be kept on file in the office of the clerk of the court in the county where such authority is to be exercised the dean’s certificate, the student’s and instructor’s oaths, and the judge’s order as contemplated under Code Section 17-12-42. The authority to assist a circuit public defender as allowed under this Code section shall extend for no longer than 18 months. If during this period any change occurs in the status of the student or instructor at the law school in which he or she was enrolled or employed, that is, if the student ceases his or her enrollment, is suspended, or is expelled or if the instructor ceases his or her employment or is released by the school, any such authority shall terminate and be revoked. History. — Code 1981, § 17-12-43, enacted by Ga. L. 2003, p. 191, § 1. 1319 17-12-50 17-12-44. Exception to qualification requirements for public defender or assistant public defender. Any third-year law student or staff instructor authorized to assist a circuit public defender under this article is not required to possess the qualifications for appointment to the office of circuit public defender or appointment as an assistant circuit public defender as provided in Article 1 of this chapter. History. — Code 1981, § 17-12-44, enacted by Ga. L. 2003, p. 191, § 1.