2021 Georgia Code
Title 17 - Criminal Procedure
Chapter 12 - Legal Defense for Indigents
Article 1 - Georgia Public Defender Council
- § 17-12-1. Short Title; Georgia Public Defender 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; Powers and 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; 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
- 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 L. 2003, p. 191, § 1, effective December 31, 2003, repealed the Code sections formerly codified as this article, and enacted the current article.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 through17-12-14, 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 article, "Raising the Bar: Indigent Defense and the Right to a Partisan Lawyer," see 69 Mercer L. Rev. 697 (2018). For article, "Privileging Public Defense Research," see 69 Mercer L. Rev. 771 (2018). For note on the 2003 enactment of this article, see 20 Ga. St. U.L. Rev. 105 (2003). 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 T. 17, C. 12, Art. 1 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. T. 17, C. 12, Art. 1).
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. T. 17, C. 12, Art. 1).
RESEARCH REFERENCES
Am. Jur. 2d.
- 21 Am. Jur. 2d, Criminal Law, §§ 357 et seq., 375 et seq.
C.J.S.- 7A C.J.S., Attorney and Client, §§ 441 et seq. 22A C.J.S., Criminal Procedure and Rights of the Accused, § 725 et seq.
ALR.- Duty to advise accused as to right to assistance of counsel, 3 A.L.R.2d 1003.
Constitutionally protected right of indigent accused to appointment of counsel in state court prosecution, 93 A.L.R.2d 747.
Construction and effect of statutes providing for office of public defender, 36 A.L.R.3d 1403.
Accused's right to represent himself in state criminal proceedings - modern state cases, 98 A.L.R.3d 13.
Relief available for violation of right to counsel at sentencing in state criminal trial, 65 A.L.R.4th 183.
Recovery under state law of attorney's fees by lay pro se litigant, 14 A.L.R.5th 947.
