Title 17 — Criminal Procedure
0 chapters · 345 sections in this title.
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 1290 17-12-10.2 LEGAL DEFENSE FOR INDIGENTS 17-12-11 a policy-ma…
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 Duty to represent, §17-12-12
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Jointly indicted defendants for capital offense. Procedure for trial, §17-8-4. Judges. Duties, §17-10-33. Jury instructions. Verdict, §17-10-31. Lethal injection. Method of execution, §17-10-38. Life imprisonment. Guilty plea. Sentencing of person indicted for capital offense, §1…
O.C.G.A. § 17-12-13 Effective date of article [Repealed]
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17-12-14. Applicability of article [Repealed]. Sec. 17-12-19.1 pealed]. through 17-12-19.14. [Re- Article 2 Public Defenders 17-12-20. Public defender selection panel for each circuit; appointment of public defender; removal; vacancies. 17-12-21. Qualifications for public defender…
O.C.G.A. § 17-12-14 Applicability of article
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Repealed by Ga. L 2003, p. 191, § 1, effective December 21, 2003. Editor’s notes. — This Code section was based on Ga. L. 1968, p. 999, § 13. ARTICLE 1A REPRESENTATION OF INDIGENTS 17-12-19.1 through 17-12-19.14. Repealed by Ga. L. 2004, Ex. Sess., p. ES3, § 16/HB 1EX, effective …
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. § 17-12-20 Responsibilities, §17-12-5
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Support services and programs, §17-12-5. Divisions within office.
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. § 17-12-23 Council
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Georgia public defender council, §§17-12-1 to 17-12-12.1. Definitions, §17-12-2. Effective date of article. Circuit public defender, §17-12-37. Third-year law students and staff instructors. Assisting in defense of indigent defendants, §17-12-45. Entitlement of indigent to counsel…
O.C.G.A. § 17-12-24 Defined, §17-12-2
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Deputy defenders, employment, §17-12-31. Effective date of article, §17-12-37.
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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17-12-27. Appointment of assistant public defenders; salary; promotions. 17-12-28. Appointment of investigator; role and responsibilities; compensation; promotions. 17-12-29. Employment of supplemental personnel; compensation. 17-12-30. Classification of personnel; responsibilitie…
O.C.G.A. § 17-12-27 Defined, §17-12-2
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Georgia bar membership required, §17-12-33. Identification card, issuance to, §17-12-27. Private practice of law prohibited, bar membership required, §17-12-33. Promotion to next highest class, §17-12-27. Salary range and advancements, §17-12-27. Attorney’s fees, recovery, §§17-12…
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. § 17-12-3 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. § 17-12-30 MUNICIPAL COURTS
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Criminal records. Authority to seal, §17-8-6. Littering offenses. Trial of offenses upon summons or citation, §17-7-73. Preliminary commitment hearings. Persons who may hold, §17-7-20. Powers of presiding officer to bind over or commit criminal offenders to jail, §17-7-22. Record…
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. § 17-12-33 Authority, duties and powers
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Personnel employed by defender, §17-12-30. Budget, §17-12-26.
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. 17-12-36. Alternative delivery system; annual review of operations by council; record keepi…
O.C.G.A. § 17-12-37 Effective date of article
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This article shall become effective on January 1, 2005; provided, however, that the council and the circuit public defender selection panels shall be authorized to take administrative actions as may be 1317 17-12-40 necessary or appropriate to prepare for and phase-in full implem…
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. § 17-12-40 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. § 17-12-43 Order of judge
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Clerk of court to keep on file, §17-12-43. Qualification requirements for public defenders. Exceptions to, §17-12-44. Restrictions on assisting, §17-12-41. Verification of indigency required, §17-12-80. PUBLIC OFFICERS AND EMPLOYEES. Conversion of public property. Limitation on pros…
O.C.G.A. § 17-12-45 Legal defense for indigents
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Generally, §§17-12-1 to 17-12-80. Limitation on prosecutions. Excluded periods, §17-3-2. Extension of periods, §17-3-3. Generally, §17-3-1. Victim 65 or older, §17-3-2.2. Lineups. Identification procedures for lineups and showups, §§17-20-1 to 17-20-3. Live lineups.
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. § 17-12-50 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 Definitions
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Repayment of attorney’s fees as condition of probation. Recovery of payment or reimbursement by a county or municipality. Article 4 Verification of Indigency Article 3 17-12-80. Assistance by Third-Year Law Students or Staff Instructors 17-12-40. 17-12-41. T.17, C.12 Verification o…
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 Officers, §17-12-7
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Powers and duties, §17-12-4. Quorum, §17-12-7. Removal, §17-12-7. Reports, §17-12-10. Responsibility, §17-12-1. Retirement compensation received by administrative or clerical staff. Compensation from council funds, restrictions, §17-12-4. Support services and programs. Director t…
O.C.G.A. § 17-12-80 POSSE
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Summoning, §17-4-24. POSSESSION OF CONTROLLED SUBSTANCE OR MARIJUANA. Trial upon accusation, §17-7-70.1. Trial upon summons or citation without accusation, §17-7-72. PREDISPOSITION. Victim impact statements. Hearings generally, §17-10-1.1. PREGNANCY. Assault of pregnant woman. Si…