Summary of House Bill 770
(Conference Committee Substitute):
The Georgia Indigent Defense Act of 2003

For a copy of the full version of HB 770, please click here.

The Georgia Public Defender Standards Council
Opt-Out Provision
Budgetary Responsibility
Circuit Public Defender Selection Panel
Circuit Public Defender Offices
Circuit Public Defender's Office Personnel
Conflict Cases
County Responsibility
Private Practice
Other Statutory Offices
Municipalities
Other

The Georgia Public Defender Standards Council
The Georgia Public Defender Standards Council will be an independent agency within the judicial branch of state government. The council will be responsible for assuring that adequate and effective legal representation is provided, independent of political considerations or private interests.

The Council will assume all duties and responsibilities of the Georgia Indigent Defense Council on December 31, 2003. All assets, employees in good standing, resources and contractual obligations of the Georgia Indigent Defense Council will be transferred to the council.

This eleven member council will consist of members serving four year terms appointed by the Governor, Lt. Governor, Speaker of the House, Chief Justice of the Supreme Court, and Chief Judge of the Court of Appeals. Each appointing authority will have two appointees. The eleventh member will serve two year terms and will be a circuit public defender selected by a majority of the circuit public defenders. (The initial eleventh member will be appointed by the Georgia Supreme Court.) These members will come from the ten judicial districts and shall have had significant experience in the criminal justice system. The Council will be in effect on July 1, 2003.

The Council shall appoint a director of indigent defense. To be eligible for appointment, a candidate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law. The director shall serve at the pleasure of the council and may be removed by a majority vote of the entire council. The director shall administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council. Other duties include maintaining proper records of all financial transactions related to the operation of the council, coordinating the services of the council with any federal, county, or private programs, etc.

The Georgia Indigent Defense Council/Georgia Public Defender Standards Council will continue to grant funds to counties based on previous year expenditures until January 2005 when the 49 circuit public defender systems are implemented.

The Council shall adopt standards for the following:

1) Standards for maintaining and operating circuit defender offices, including qualifications, training, the size of support staff, etc.;

2) Standards for minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person;

3) Standards for assistant public defender and appointed counsel caseloads.

4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons;

5) Standards and procedures for the appointment of independent, competent and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest;

6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons;

7) Standards for qualifications and performance of counsel representing indigent persons in capital cases;

8) Standards for determining indigence and for assessing and collecting the costs of legal representation and related services;

9) Standards for compensation of attorneys appointed to represent indigent persons under this article;

10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20;

11) Standards for a uniform definition of a ‘case’ for purposes of determining caseload statistics; and

12) Standards for accepting contractual indigent defense representation.

Opt-out Provision
The Council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system if it meets the following requirements:

(1) The delivery system has a full-time director and staff and had been fully operational for at least two years on July 1, 2003;

(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its standards, including, without limitation, caseload standards, as the council adopts;

(3) The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and

(4) The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system.

A judicial circuit composed of a single county may request an alternative delivery system only one time. This request must be made on or before September 30, 2004. The council shall make a final determination with regard to continuation of an alternative delivery system not later than December 31, 2004. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council. Any circuit whose alternative delivery system is disapproved at any time shall be governed by the Indigent Defense Act of 2003. In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the standards as established by the council and is eligible to continue operating as an approved alternative delivery system. The circuit must keep and maintain appropriate records, which will include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council.

Budgetary Responsibility
The Board shall prepare and submit to the Judicial Council an annual proposed budget necessary for fulfilling the purposes of this article.

The budget of the board shall include the budget of all circuit public defenders and other offices and entities, including conflict defender office and appointed attorneys providing indigent defense representation under the authority of this article.

The Director of the Administrative Office of the Courts shall provide general administrative support but shall not reduce or modify the budget of the board.

Circuit Public Defender Selection Panel
Each circuit will be headed by the circuit public defender appointed by a five member selection panel established by the Governor, Lt. Governor, Speaker of the House, Chief Justice of the Supreme Court, and Chief Superior Court judge of the respective circuit. Members of the circuit public defender selection panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. They should also reside in the judicial circuit in which he or she serves. The selection panel members shall serve for a term of five years.

Circuit Public Defender Offices
To be eligible to be a circuit public defender, a candidate must be at least 25 years old; a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law; and if previously disbarred, must have been reinstated.

The Circuit Public Defender shall take office on January 1, 2005 and will serve for terms of up to four years and may be removed for cause by a majority vote of the council.

The Circuit Defender shall provide representation in the following cases:

1) Any case prosecuted in a superior court under the laws of the state in which there is a possibility that a sentence of imprisonment or probation of a suspended sentence may be adjudged;

2) Probation revocation hearings in a superior court;

3) Any case prosecuted in a juvenile court where the juvenile may face a disposition of confinement, or probation;

4) Direct appeals in any proceeding listed above.

Entitlement of counsel begins as soon as feasible and no more than 72 hours after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process.

A city, county, or consolidated government may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city, county, or consolidated government ordinances or state laws. Even if a city, county, or consolidated government does not contract with the circuit public defender office, the city, county, or consolidated government shall still be subject to all applicable standards adopted by the council for representation of indigent persons in Georgia.

Circuit Public Defender’s Office Personnel
Each circuit public defender is authorized to appoint one assistant public defender for each superior court judge authorized for the circuit, excluding the chief judge and senior judges. Subject to funds appropriated by the General Assembly or otherwise available, additional assistant public defenders may be authorized by the Council. In authorizing additional assistant public defenders, the council shall consider the caseload, present staff, and available resources. The base salary levels for the assistant public defender are as follows:

(1) Assistant public defender I. Not less than $38,124.00 nor more than 65 percent of the compensation of the circuit public defender;

(2) Assistant public defender II. Not less than $40,884.00 nor more than 70 percent of the compensation of the circuit public defender;

(3) Assistant public defender III. Not less than $45,108.00 nor more than 80 percent of the compensation of the circuit public defender; and

(4) Assistant public defender IV. Not less than $52,176.00 nor more than 90 percent of the compensation of the circuit public defender.

Each circuit public defender is authorized to appoint one investigator to assist in the preparation for trial. The council may authorize additional investigators based on the same factors listed above. The investigator must be at least 21 years old and shall serve at the pleasure of the circuit public defender. The base salary level for the investigator is $30,828.00.

The circuit public defender is also authorized to employ third year law students or staff instructors pursuant to the Third Year Practice Act. The third year law student or staff instructor may assist in criminal proceedings under the supervision of a circuit public defender and cannot sign any pleadings and other entries of record. The circuit public defender or his or her duly appointed assistant must be physically present.

Conflict Cases
The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest.

This may be done by the appointment of individual counsel of a case-by-case basis or by the establishment of a conflict defender office in circuits where the volume of cases may warrant a separate conflict defender office.

Lawyers who seek appointment in conflict cases must have such experience or training in criminal defense as is necessary in light of the complexity of the case to which they are appointed and must meet such qualifications and standards for the representation of indigent defendants as established by the council.

County Responsibility
The governing authority of each county shall provide in pro rata share of other counties in the circuit, according to the population of each such county, appropriate facilities, including office space, furniture, equipment, books, postage, supplies, utilities, telephones, materials, etc. as may be necessary to operate the circuit public defender office.

The county or counties comprising the judicial circuit may supplement the salary and/or fringe benefits of the circuit public defender and/or any state paid position. The governing authority of each county may also allow for additional attorney and personnel to the circuit public defender’s office.

The county or counties comprising the judicial circuit may also contract with the public defender office(s) for services for the courts not covered under the statute. The county or counties shall comply with the Council’s standards.

Private Practice
The Director and any attorney employed by the council or by any circuit public defender or conflict defender office shall not engage in the private practice of law for profit. This will not apply to private attorneys who accept appointments on a case-by-case basis.

Other Statutory Offices
As part of this legislation, there will be established an Office of the Mental Health Advocate and an Office of the Georgia Capital Defender.

The Office of the Mental Health Advocate will undertake direct representation of persons found not guilty by reason of insanity, if resources permit. The Mental Health Advocate will be appointed by and serve at the pleasure of the council. The person selected must be a member in good standing of the State Bar of Georgia with at least three years of experience and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. If the Office of the Mental Health Advocate is unable to represent any indigent person found NGRI, they will either assist or other representation will be otherwise provided.

The Office of the Multi-County Public Defender will become the Office of the Georgia Capital Defender on January 1, 2005 and will undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state. The office shall serve all counties of this state. The Georgia Capital Defender will be appointed by and serve at the pleasure of the Council. The person selected must be a member in good standing of the State Bar of Georgia with at least five years of experience and must be competent to counsel and defend a person charged with a capital felony. If the Georgia Capital Defender is unable to represent the indigent person charged with a capital felony, representation will be otherwise provided.

Municipalities:
Any municipality may contract with the Board for indigent defense services. It may also supplement the salary and/or fringe benefits of the circuit public defender and/or any state paid position. The municipality may also provide for additional personnel. The circuit public defender office or other approved indigent defense system for the judicial circuit in which the municipality is located shall have the obligation to provide counsel and comply with standards.

Other:
The Director of the Board will serve on the Criminal Justice Coordinating Council.