Some Legal Questions Frequently Asked by County Managers with Answers from GPDSC Chief Counsel

Question # 1 

Can a county contract with us for employees that would be state employees paid for by the county prior to January 1, 2005 ? Coweta County would like to begin contracting for the county paid state employees effective November 2004.

Answer # 1

Yes. However, for the period between now and January 1, 2005 , the local tripartite committee is required by law to request such representation before it can be provided. O.C.G.A. § 17-12-34 (b), effective until January 1, 2005 , provides as follows:

(b) Funds provided the council may not be used to employ an attorney or attorneys to appear in court in behalf of criminal defendants in any jurisdiction unless the local tripartite committee requests such representation; provided, however:

   (1) That, if local counsel certifies to the tripartite committee that additional counsel is needed in order to preserve effectively the Sixth Amendment rights of the defendant, such request should be compassionately considered and granted if it appears to be in the interest of substantial justice; or

   (2) That if no tripartite committee exists or the tripartite committee's indigent defense plan does not substantially comply with this article or the council's guidelines, and if the majority of the superior court judges of the circuit, including the chief judge of the circuit, request assistance of the council, the council in its sole discretion may develop and administer a program for the provision of representation to indigents, which is funded by or through it.

 

After December 31, 2004 the contact will be between the circuit public defender office and the county. Pursuant to the Georgia Indigent Defense Act of 2003, as amended, circuit public defender offices are authorized to contract with counties to provide services. O.C.G.A. § 17-12-35 , which is effective January 1, 2005 , provides as follows:

A circuit public defender office may contract with and may accept funds and grants from any public or private source.

Question # 2

Can county superior & state court judges charge a cost recovery fee to defendants greater than the $50 specified under the statute?

Answer # 2

There is no general authority in the Georgia Indigent Defense Act of 2003, as amended, for courts to charge a recovery fee. Until December 31, 2004 courts in non GIDC counties can charge a recovery fee pursuant to O.C.G.A. § § 17-12-19.9 and 17-12-19.10.

Question # 3

May counties within a multi-county judicial circuit agree for the most populous county to administer the operating expenses for the circuit public defender's office and bill the other counties within the circuit?

Answer # 3

Yes. Counties within a multi-county judicial circuit may agree for the most populous county to administer the operating expenses for the circuit public defender's office and bill the other counties within the circuit. The costs, however, are shared pro rata according to populations. O.C.G.A. § 17-12-34 , which is effective January 1, 2005 , provides as follows:

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 may be necessary to equip, maintain, and furnish the office or offices of the circuit public defender in an orderly and efficient manner. The provisions of an office, utilities, telephone expenses, materials, and supplies shall be subject to the budget procedures required by Article 1 of Chapter 81 of Title 36.

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