Creation of Public Interest Lawyers’ Fund

(a) There is created the Public Interest Lawyers’ Fund. (b) The authority shall maintain the fund to which shall be credited: (1) State funds appropriated for use by the authority for education loan forgiveness purposes; and 235 20-3-385 (2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be used for the purposes of this subpart. The authority is authorized to use moneys available in the fund to make payments to assist in repaying education loans for eligible attorneys in accordance with its rules and regulations. (c) Any private donations made by gift or otherwise to the fund may not be designated as to the specific program for which they will be used. (Code 1981, § 20-3-383, enacted by Ga. L. 2002, p. 1115, § 1.) 20-3-384. Corporation established; contracts with civil legal aid organizations. (a) The authority is authorized to establish a corporation to administer the fund. Any subsidiary corporation created pursuant to this subsection shall be created pursuant to Chapter 3 of Title 14, the ‘‘Georgia Nonprofit Corporation Code,’’ and the Secretary of State shall be authorized to accept any such filing. Upon dissolution of any subsidiary corporation of the authority created pursuant to this subsection, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents. (b) Any corporation established pursuant to subsection (a) of this Code section, through the authority, is authorized to enter into contracts with civil legal aid organizations or the employees of such organizations and public defender organizations or the employees of such organizations for the purpose of providing education loan forgiveness in consideration of such organizations’ contributions and commitment to providing legal services to low-income civil clients or indigent criminal defendants of this state. (c) In order for attorneys employed by civil legal aid organizations and public defender organizations to participate, such organizations must contract with the authority and promise to provide the civil legal aid services or public defender services for the period of time for which an assisted employee is obligated or some other period determined by the authority. (Code 1981, § 20-3-384, enacted by Ga. L. 2002, p. 1115, § 1.) 20-3-385. Utilization of fund in repayment of education loans; funding of four separate programs. (a) The fund shall be used by the authority to assist in the repayment of any education loan owed by an individual who is: 236 20-3-386 (1) An assistant district attorney, an assistant solicitor-general, or an assistant solicitor; (2) A civil legal aid attorney; (3) A public defender; or (4) An Office of Legislative Counsel attorney or a State Law Department attorney. (b) The authority shall establish four separate programs to assist each of the four categories of recipients identified in subsection (a) of this Code section and shall account separately for the funding of each program. Any state appropriation of funds shall separately identify the amount of funds appropriated for each program. Private donations and any other funds available for such programs shall be allocated among such programs by the authority. (Code 1981, § 20-3-385, enacted by Ga. L. 2002, p. 1115, § 1.)