Some Legal Questions Frequently Asked by County Managers with Answers from GPDSC Chief Counsel
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Question # 4

Can a private attorney oversee the staff in the office for juvenile and superior court cases, rather than the circuit public defender?

Answer # 4

See Jim Martin 's prior memo on this subject which has been revised and attached.

Question # 5

This is an issue that has come up in the Southwestern Circuit. The Juvenile Judge, Lisa Jones, has a CYCC grant for a juvenile public defender. She is very happy with him and the work that he is doing. The grant is going to be renewed. The question is: can they give us the funds and he can become an employee of Sam Merritt (the circuit PD) and continue handling the juvenile cases?

Answer # 5

Yes. If this is done prior to January 1, 2005 , the circuit public defender is required to follow O.C.G.A. § 17-12-34 , which provides as follows:

(a) The Georgia Indigent Defense Council may employ such staff, professional, administrative, and otherwise, as it deems necessary to carry out its responsibilities under this article and may provide compensation and expenses for the staff from funds appropriated to or otherwise available to the council.

(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.

(c) Office space, furniture, equipment, books, postage, supplies, salaries, normal operating costs and overhead, and such other items of expense as are necessary to carry out the purposes of this article may be paid for from funds appropriated to or otherwise available to the council.

However, if the circuit public defender contracts after January 1, 2005 then the circuit public defender is authorized to enter into this contract without additional approval. O.C.G.A. § 17-12-35 , which is effective January 1, 2005 , and provides as follows:

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

Question # 6

Lee County has a contract for 2 attorneys that does not expire until August, 2005. May they continue utilizing that contract until it expires with the commitment that they will not renew the contract, and will use Sam Merritt's office to handle the cases, or appointed counsel at that time?

Anwer # 6

Yes. Lee County may continue utilizing the private attorney contract until the contact expires. After January 1, 2005 , the law allows this contract as long as the employees are supervised by the circuit public defender. Pursuant to O.C.G.A. § 17-12-31 , Lee County is authorized to provide contract attorneys for the circuit public defender office if the contract is administered by the circuit public defender. O.C.G.A. § 17-12-31 , which is effective January 1, 2005 , provides as follows:

(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 as may be provided for by local law or as may be authorized by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender.

(b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit, the manner and amount of compensation to be paid to be fixed either by local Act or by the circuit public defender with the approval of the county or counties comprising the judicial circuit.

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