Qualifications
for Circuit Public Defenders
O.C.G.A. § 17-12-20(a) provides for the appointment of
five-member Circuit Public Defender Selection Panels in each
of the state’s 49 judicial circuits. These Panels have
the responsibility of selecting an attorney to be the Circuit
Public Defender, who will head the Public Defender Office in
each circuit. The Circuit Public Defender will in turn appoint
Assistant Circuit Public Defenders, investigators, and staff
for their respective offices. Each Circuit Public Defender Office
shall represent and provide constitutionally mandated effective
assistance of counsel to indigent persons who are incapable
of hiring their own attorneys and are accused of crimes or subject
to probation revocation proceedings in the Superior and Juvenile
Courts, and on appeals from those courts.
Minimum
Qualifications: To be eligible for appointment to the position
of Circuit Public Defender, O.C.G.A. § 17-12-21 requires
that a candidate must:
1.
Have attained the age of 25 years;
2.
Have been duly admitted and licensed to practice law in the
highest court of general trial jurisdiction in any of the
50 states or the District of Columbia for at least 3 years;
3.
Be a member in good standing of the State Bar of Georgia;
4.
If previously disbarred from the practice of law, have been
reinstated as provided by law.
Additional
Qualifications: In appointing Circuit Public Defenders, the
Circuit Public Defender Selection Panels should consider whether
candidates possess any or all of the following qualifications
in addition to the minimum qualifications specified by O.C.G.A.
§ 17-12-21:
1.
Has the person demonstrated a strong interest in the defense
of indigent people accused of crimes?
2.
Does the person have sufficient experience in the defense
of criminal cases (or equivalent trial experience) to permit
him/her to evaluate the qualifications of the Assistant Public
Defenders to be employed by his/her office and to evaluate
their performance while representing clients as an Assistant
Public Defender?
3.
Does the person have sufficient trial experience in the defense
of criminal cases (or equivalent trial experience) to permit
him/her to train or assist in the training of less experienced
Assistant Public Defenders to enable them to gain the trial
experience needed to handle more serious and complex trials?
In that regard, the Georgia Public Defender Standards Council
suggests that the person should have been lead counsel in
the defense of a person accused of a crime in at least 10
felony cases which were tried to completion before a jury,
two of which involved crimes for which the maximum punishment
was at least life in prison. However, the local committees
should be free to consider all trial experience and courtroom
abilities in making their selection.
4.
Does the person have the leadership skills and ability to
oversee the management of a Circuit Public Defender office
and insure that Standards and Guidelines implemented by the
Georgia Public Defender Standards Council are consistently
met or exceeded throughout the circuit?
5.
Does the person have the ability to establish and maintain
sound fiscal policy and practice, the ability to supervise
attorneys and other staff, and the ability to communicate
well with other participants in the criminal justice system,
as well as with local government representatives?
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