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Georgia Statutes, Title 17

Georgia/Statutes

← All Georgia coverage

Title 17

20 chapters · 458 sections in this title.

All chapters in Title 17458 Ch 10, SENTENCE AND PUNISHMENT61 Ch 7, PRETRIAL PROCEEDINGS57 Ch 6, BONDS AND RECOGNIZANCES45 Ch 12, LEGAL DEFENSE FOR INDIGENTS44 Ch 8, TRIAL41 Ch 13, CRIMINAL EXTRADITION35 Ch 5, SEARCHES AND SEIZURES29 Ch 4, ARREST OF PERSONS28 Ch 14, RESTITUTION AND DISTRIBUTION OF PROF…22 Ch 17, CRIME VICTIMS’ BILL OF RIGHTS20 Ch 15, VICTIM COMPENSATION16 Ch 9, VERDICT AND JUDGMENT GENERALLY14 Ch 16, DISCOVERY14 Ch 11, ASSESSMENT AND PAYMENT OF COSTS OF C…10

44 sections·Filtered byTitle 17✕Ch 12✕

O.C.G.A. § 17-12-1 Short title; Georgia Public Defender Council; responsibilities
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(a) This chapter shall be known and may be cited as the ‘‘Georgia Indigent Defense Act of 2003.’’ (b) The Georgia Public Defender Council shall be an independent agency within the executive branch of state government. (c) The council shall be responsible for assuring that adequat…
O.C.G.A. § 17-12-10 Annual reporting
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(a) Upon request, the council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year’s expenditures and revenue, including moneys …
O.C.G.A. § 17-12-10.1 Legislative oversight committee created; membership; audits
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(a) There is created the Legislative Oversight Committee for the Georgia Public Defender Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed…
O.C.G.A. § 17-12-10.2 Civil liability
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The members of the council as created by this article, the members of the circuit public defender supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject …

O.C.G.A. § 17-12-11 Mental health advocacy division; duties, responsibilities, and management

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(a) The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial and shall be the successor to the office of mental health advocacy crea…

O.C.G.A. § 17-12-12 Georgia capital defender division; duties, responsibilities, and management

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(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 thi…

O.C.G.A. § 17-12-12.1 Payment of attorney in event of conﬂict of interest in capital cases; number of attorneys appointed; county governing authority’s ﬁnancial responsibility; expenses

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(a) If there is a conﬂict of interest such that the Georgia capital defender division is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the director shall determine and appoint counsel to represent the defendant. The …

O.C.G.A. § 17-12-2 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Assistant public defender’’ means an attorney who is employed by any circuit public defender. (2) ‘‘Circuit public defender’’ means the head of a public defender office providing indigent defense representation within any given judicial ci…

O.C.G.A. § 17-12-3 Council created; membership

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(a) There is created the Georgia Public Defender Council to be composed of nine members. Other than county commission members, members of the council shall be individuals with signiﬁcant experience working in the criminal justice system or who have demonstrated a strong commitmen…

O.C.G.A. § 17-12-4 Authority of council; annual audit

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(a) The council: (1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; (4) May own property; (5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes; (…

O.C.G.A. § 17-12-5 Director; qualiﬁcations; powers and responsibilities

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(a) To be eligible for appointment as the director, a candidate shall be a member in good standing of the State Bar of Georgia with at least seven years’ experience in the practice of law. The director shall be appointed by the Governor and shall serve at the pleasure of the Gove…

O.C.G.A. § 17-12-6 Assistance of council to public defenders

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(a) The council may assist the public defenders throughout the state in their efforts to provide adequate legal defense to the indigent. Assistance may include: (1) The preparation and distribution of a basic defense manual and other educational materials; (2) The preparation and…

O.C.G.A. § 17-12-7 Councilmembers; responsibilities; voting; removal; quorum; meetings; officers; expenses

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(a) All members of the council shall at all times act in the best interest of indigent defendants who are receiving legal representation under the provisions of this chapter. (b) All members of the council shall be entitled to vote on any matter coming before the council unless o…

O.C.G.A. § 17-12-9 Continuing legal education for public defenders and staff

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The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such policies a…

O.C.G.A. § 17-12-20 Public defender selection panel for each circuit; appointment of public defender; removal; vacancies

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(a) On and after July 1, 2011, there is created in each judicial circuit in this state a circuit public defender supervisory panel to be composed of three members, all of whom shall be attorneys who regularly practice in that particular judicial circuit. The chief judge of the su…

O.C.G.A. § 17-12-21 Qualiﬁcations for public defender position

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To be eligible to ﬁll the position of circuit public defender, a person must: (1) Have attained the age of 25 years; (2) Have been duly admitted and licensed to practice law in the superior courts for at least three years; (3) Be a member in good standing of the State Bar of Geor…

O.C.G.A. § 17-12-22 Procedure for appointment of attorneys for indigent defendants in event of public defender’s conﬂict of interest; identiﬁcation of conﬂict

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(a) The director, with input from the council, shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conﬂict of interest. Such procedure may include, but shall not be limited to, the appointment of individual counse…

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

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(a) The circuit public defender shall provide representation in the following actions and proceedings: (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 se…

O.C.G.A. § 17-12-24 Financial eligibility for indigent defense services representation; operation of public defender’s office

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(a) The circuit public defender, any other person or entity providing indigent defense services, or the system established pursuant to Code Section 17-12-80 shall determine if a person or juvenile arrested, detained, or charged in any manner is an indigent person entitled to repr…

O.C.G.A. § 17-12-25 Salary of public defender; private practice prohibited

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(a) Each circuit public defender shall receive an annual salary of $99,526.00, and cost-of-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from …

O.C.G.A. § 17-12-25.1 Accountability court supplement

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(a) Whenever a circuit has implemented a drug court division, mental health court division, or veterans court division, then on and after January 1, 2016, the state shall pay the circuit public defender in such circuit an annual accountability court supplement of $6,000.00. Such …

O.C.G.A. § 17-12-26 Budget of the council

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The council shall prepare and submit to the director of the Office of Planning and Budget its budget estimate necessary for fulﬁlling the purposes of this chapter in accordance with Code Section 45-12-78. The council shall be authorized to seek, solicit, apply for, and utilize fu…

O.C.G.A. § 17-12-27 Appointment of assistant public defenders; salary; promotions

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(a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint: (1) One assistant public defender for each superior court judge authorized for the circuit, excluding the chief judge and senior judges; and (2) Subj…

O.C.G.A. § 17-12-28 Appointment of investigator; role and responsibilities; compensation; promotions

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(a) Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint one investigator to assist the circuit public defender in the performance of his or her official duties in the preparation of cases for trial. Subject…

O.C.G.A. § 17-12-29 Employment of supplemental personnel; compensation

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(a) Each circuit public defender is authorized to employ administrative, clerical, and paraprofessional personnel as may be authorized by the council based on funds appropriated by the General Assembly or otherwise available; provided, however, that each circuit public defender s…

O.C.G.A. § 17-12-30 Classiﬁcation of personnel; responsibilities; compensation; local supplements

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(a) All state paid personnel employed by the circuit public defenders pursuant to this article shall be employees of the executive branch of state government and shall be in the unclassiﬁed service as deﬁned by Code Section 45-20-2. (b) Personnel employed by the circuit public de…

O.C.G.A. § 17-12-31 Employment of additional personnel

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(a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors if the emp…

O.C.G.A. § 17-12-32 Contracting with the council for personnel paid by local government

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The governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of circuit public defender may contract with the council to provide such additional personnel in the same manner as is provided for state paid pers…

O.C.G.A. § 17-12-33 Assistant public defenders’ private practice of law or concurrent judicial service prohibited; admission to bar in Georgia

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(a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for proﬁt or serve concurrently in any judicial office. (b) Any assis…

O.C.G.A. § 17-12-34 Pro rata sharing of expenses and resources by counties in each circuit

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The governing authority of the county shall provide, in conjunction and cooperation with the other counties in the judicial circuit and in a pro rata share according to the population of each county, appropriate offices, utilities, telephone expenses, materials, and supplies as m…

O.C.G.A. § 17-12-35 Acceptance of other funding

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A circuit public defender office may contract with and may accept funds and grants from any public or private source. History. — Code 1981, § 17-12-35, enacted by Ga. L. 2003, p. 191, § 1.

O.C.G.A. § 17-12-36 Alternative delivery system; annual review of operations by council; record keeping

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(a) The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if: (1) The delivery system: (A) Has a full-time director and staff and had been fully operational for at least two …

O.C.G.A. § 17-12-40 Deﬁnitions

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As used in this article, the term: (1) ‘‘Circuit public defender’’ means any circuit public defender of this state or assistants of such officer. (2) ‘‘Criminal proceeding’’ means any investigation, trial, juvenile proceeding, adjudicatory hearing, or other legal proceeding by wh…

O.C.G.A. § 17-12-41 Assistance of public defender by third-year law student or staff instructor

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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 …

O.C.G.A. § 17-12-42 Judge may prescribe type of assistance provided by law student or staff instructor; certiﬁcation by law school dean

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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 staf…

O.C.G.A. § 17-12-43 Clerk of court to maintain records; limited period of assistance

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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 oat…

O.C.G.A. § 17-12-44 Exception to qualiﬁcation requirements for public defender or assistant public defender

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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 provide…

O.C.G.A. § 17-12-50 Deﬁnitions

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As used in this article, the term: (1) ‘‘Paid in part’’ means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section 17-12…

O.C.G.A. § 17-12-51 Repayment of attorney’s fees as condition of probation

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(a) When a defendant who is represented by a public defender, who is paid in part or in whole by a county, enters a plea of nolo contendere, ﬁrst offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the c…

O.C.G.A. § 17-12-52 Recovery of payment or reimbursement by a county or municipality

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(a) A county or municipality may recover payment or reimbursement from a person who has received legal assistance from a public defender paid in part or in whole by the county or municipality: (1) If the person was not eligible to receive such legal assistance; or (2) If the pers…

O.C.G.A. § 17-12-80 Veriﬁcation of indigency required; procedure; timing of notiﬁcation of eligibility

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(a) In order to retain funding as provided in Code Sections 15-21-74 and 15-21A-6, a governing authority shall verify that the applicant qualiﬁes as an indigent person. The governing authority shall establish the methodology for veriﬁcation and fund such process. The governing au…

O.C.G.A. § 17-12-14 Applicability of article [Repealed]

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Sec. 17-12-19.1 pealed]. through 17-12-19.14. [Re- Article 2 Public Defenders

O.C.G.A. § 17-12-37 LEGAL DEFENSE FOR INDIGENTS Sec

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Employment of additional personnel. Contracting with the council for personnel paid by local government. Assistant public defenders’ private practice of law or concurrent judicial service prohibited; admission to bar in Georgia. Pro rata sharing of expenses and resources by count…

O.C.G.A. § 17-12-45 Travel budget, §17-12-26

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Vacancy, §17-12-20. Circuit public defender supervisory panel, §17-12-20. Conﬂict of interest. Capital defender division. Division unable to defend capital defendant. Appointment of private counsel,