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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 17. CRIMINAL PROCEDURE |
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Chapter 12. LEGAL DEFENSE FOR INDIGENTS |
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Article 1. GEORGIA PUBLIC DEFENDER STANDARDS COUNCIL |
| § 17-12-1. Short title; Georgia Public Defender Standards Council; responsibilities |
| § 17-12-2. Definitions |
| § 17-12-3. Council created; membership |
| § 17-12-4. Authority of council; annual audit |
| § 17-12-5. Director; qualifications; selection; salary; responsibilities |
| § 17-12-6. Assistance of council to public defenders |
| § 17-12-7. Councilmembers; responsibilities; voting; removal; quorum; meetings; officers; expenses |
| § 17-12-8. Approval by council of programs for representation of indigents; public access to policies and standards |
| § 17-12-9. Continuing legal education for public defenders and staff |
| § 17-12-10. Annual reporting |
| § 17-12-10.1. Legislative oversight committee created; membership; reporting; audits |
| § 17-12-10.2. Civil liability |
| § 17-12-11. Mental health advocacy division; duties, responsibilities, and management |
| § 17-12-12. Georgia capital defender division; duties, responsibilities, and management |
| § 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 |
| § 17-12-13. Effective date of article |
| § 17-12-14. Applicability of article |
REFS & ANNOS
TITLE 17 Chapter 12 Article 1 NOTE
CROSS REFERENCES. --Provision of legal services to indigents by law students, T. 15, C. 20. Application and appointment of counsel, Uniform State Court Rules, Rule 29.2.
EDITOR'S NOTES. --Ga. L. 2003, p. 191, § 1, effective December 31, 2003, repealed the Code sections formerly codified as this article, and enacted the current article. The former article consisted of Code Sections §§ 17-12-1 through 17-12-14, relating to local indigent defense programs, and was based on Ga. L. 1968, p. 999, §§ 1 - 13; Ga. L. 1974, p. 1100, § 1; Ga. L. 1982, p. 1181, §§ 1, 2.
U.S. CODE. --Right to and assignment of counsel, Federal Rules of Criminal Procedure, Rule 44.
LAW REVIEWS. --For article, "The Indigent Defendant in Georgia Prior to Gideon v. Wainwright," see 2 Ga. St. B.J. 207 (1965). For article discussing legal representation for indigents under the Georgia Criminal Justice Defense Act, proposed in Georgia in 1977, see 13 Ga. St. B.J. 141 (1977).
For comment on Argersinger v. Hamlin, 407 U.S. 25, 92 S. Ct.2006, 32 L. Ed. 2d 530 (1972), establishing an indigent's right to appointed counsel in nonfelony criminal cases, see 22 J. of Pub. L. 191 (1973).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the issues dealt with, decisions under former Ga. L. 1968, p. 999, and Art. 1, Ch. 12, T. 17 are included in the annotations for this article.
ARTICLE NOT EXCLUSIVE METHOD FOR PROVIDING INDIGENTS RIGHT TO COUNSEL. --While the former Georgia Criminal Justice Act should have provided effective means of affording counsel to indigent defendants, it was not the exclusive method for accomplishing that end. Perry v. State, 120 Ga. App. 304, 170 S.E.2d 350 (1969) (decided under former Ga. L. 1968, p. 999).
INADEQUACY OF "DECLARATION OF INDIGENCY" FORM AS INDIRECTLY DENYING DEFENDANT RIGHT TO APPOINTED COUNSEL. --See Stapp v. State, 249 Ga. 289, 290 S.E.2d 439 (1982) (decided under former Ga. L. 1968, p. 999).
REMAND WAS REQUIRED since the record did not show how it was determined that the defendant did not qualify for appointed legal assistance and revealed that the trial court failed to exercise the court's affirmative duty of determining whether the defendant exercised reasonable diligence in attempting to retain counsel. McQueen v. State, 228 Ga. App. 732, 492 S.E.2d 720 (1997) (decided under former O.C.G.A. Art. 1, Ch. 12, T.17).
INSUFFICIENCY OF RECORD ON APPEAL. --Since it was not clear from the record that when the defendant received the court's order the defendant was required to provide proof of indigency, whether the court considered the defendant's proof of indigency, or whether the court found that the court could not determine indigency due to the defendant's failure or refusal to provide the necessary proof of indigency, the case was remanded for a hearing to determine whether or not the defendant was indigent. Mapp v. State, 199 Ga. App. 47, 403 S.E.2d 833 (1991) (decided under former O.C.G.A. Art. 1, Ch. 12, T.17).
RESEARCH REFERENCES
AM. JUR. 2D. --21 Am. Jur. 2d, Criminal Law, §§ 363 et seq., 381 et seq.
C.J.S. --7A C.J.S., Attorney and Client, § 371 et seq. 24 C.J.S., Criminal Law, §§ 2424 et seq., 2440 et seq.
ALR. --Duty to advise accused as to right to assistance of counsel, 3 ALR2d 1003.
Constitutionally protected right of indigent accused to appointment of counsel in state court prosecution, 93 ALR2d 747.
Construction and effect of statutes providing for office of public defender, 36 ALR3d 1403.
Accused's right to represent himself in state criminal proceedings -- modern state cases, 98 ALR3d 13.
Relief available for violation of right to counsel at sentencing in state criminal trial, 65 ALR4th 183.
Recovery under state law of attorney's fees by lay pro se litigant, 14 ALR5th 947.
EDITOR'S NOTES. --Ga. L. 2003, p. 191, § 1, effective December 31, 2003, repealed the Code sections formerly codified as this article, and enacted the current article. The former article consisted of Code Sections §§ 17-12-1 through 17-12-14, relating to local indigent defense programs, and was based on Ga. L. 1968, p. 999, §§ 1 - 13; Ga. L. 1974, p. 1100, § 1; Ga. L. 1982, p. 1181, §§ 1, 2.
U.S. CODE. --Right to and assignment of counsel, Federal Rules of Criminal Procedure, Rule 44.
LAW REVIEWS. --For article, "The Indigent Defendant in Georgia Prior to Gideon v. Wainwright," see 2 Ga. St. B.J. 207 (1965). For article discussing legal representation for indigents under the Georgia Criminal Justice Defense Act, proposed in Georgia in 1977, see 13 Ga. St. B.J. 141 (1977).
For comment on Argersinger v. Hamlin, 407 U.S. 25, 92 S. Ct.2006, 32 L. Ed. 2d 530 (1972), establishing an indigent's right to appointed counsel in nonfelony criminal cases, see 22 J. of Pub. L. 191 (1973).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the issues dealt with, decisions under former Ga. L. 1968, p. 999, and Art. 1, Ch. 12, T. 17 are included in the annotations for this article.
ARTICLE NOT EXCLUSIVE METHOD FOR PROVIDING INDIGENTS RIGHT TO COUNSEL. --While the former Georgia Criminal Justice Act should have provided effective means of affording counsel to indigent defendants, it was not the exclusive method for accomplishing that end. Perry v. State, 120 Ga. App. 304, 170 S.E.2d 350 (1969) (decided under former Ga. L. 1968, p. 999).
INADEQUACY OF "DECLARATION OF INDIGENCY" FORM AS INDIRECTLY DENYING DEFENDANT RIGHT TO APPOINTED COUNSEL. --See Stapp v. State, 249 Ga. 289, 290 S.E.2d 439 (1982) (decided under former Ga. L. 1968, p. 999).
REMAND WAS REQUIRED since the record did not show how it was determined that the defendant did not qualify for appointed legal assistance and revealed that the trial court failed to exercise the court's affirmative duty of determining whether the defendant exercised reasonable diligence in attempting to retain counsel. McQueen v. State, 228 Ga. App. 732, 492 S.E.2d 720 (1997) (decided under former O.C.G.A. Art. 1, Ch. 12, T.17).
INSUFFICIENCY OF RECORD ON APPEAL. --Since it was not clear from the record that when the defendant received the court's order the defendant was required to provide proof of indigency, whether the court considered the defendant's proof of indigency, or whether the court found that the court could not determine indigency due to the defendant's failure or refusal to provide the necessary proof of indigency, the case was remanded for a hearing to determine whether or not the defendant was indigent. Mapp v. State, 199 Ga. App. 47, 403 S.E.2d 833 (1991) (decided under former O.C.G.A. Art. 1, Ch. 12, T.17).
RESEARCH REFERENCES
AM. JUR. 2D. --21 Am. Jur. 2d, Criminal Law, §§ 363 et seq., 381 et seq.
C.J.S. --7A C.J.S., Attorney and Client, § 371 et seq. 24 C.J.S., Criminal Law, §§ 2424 et seq., 2440 et seq.
ALR. --Duty to advise accused as to right to assistance of counsel, 3 ALR2d 1003.
Constitutionally protected right of indigent accused to appointment of counsel in state court prosecution, 93 ALR2d 747.
Construction and effect of statutes providing for office of public defender, 36 ALR3d 1403.
Accused's right to represent himself in state criminal proceedings -- modern state cases, 98 ALR3d 13.
Relief available for violation of right to counsel at sentencing in state criminal trial, 65 ALR4th 183.
Recovery under state law of attorney's fees by lay pro se litigant, 14 ALR5th 947.