2025 Code of Georgia
Title 17 - Criminal Procedure (Chs. 1 — 22)
Chapter 12 - Legal Defense for Indigents (Arts. 1 — 6)
Article 2 - Public Defenders (§§ 17-12-20 — 17-12-37)
Annotations
Notes
Editor’s notes.Ga. L. 2003, p. 191, § 1, effective January 1, 2005, repealed the Code sections formerly codified as this article and enacted the current article. The former article consisted of Code Sections 17-12-30 through 17-12-51 and was based on Ga. L. 1979, p. 367, §§ 1-12, 14-16; Ga. L. 1990, p. 8, § 17; Ga. L. 1993, p. 308, §§ 1-3; Code 1981, § 17-12-38.1, enacted by Ga. L. 1994, p. 355, § 1; Code 1981, §§ 17-12-45 through 17-12-51 enacted by Ga. L. 1996, p. 1636, § 1; Ga. L. 1998, p. 128, § 17; Ga. L. 1998, p. 568, § 1.
Research References & Practice Aids
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 note on the 2003 enactment of this article, see 20 Ga. St. U. L. Rev. 105 (2003).
For article, “Privileging Public Defense Research,” see 69 Mercer L. Rev. 771 (2018).
RESEARCH REFERENCES Am. Jur. 2d.21A Am. Jur. 2d, Criminal Law, § 1085 et seq.
C.J.S.22A C. J. S., Criminal Procedure and Rights of the Accused, §§ 725 et seq. 765 et seq.
ALR.Construction and effect of statutes providing for office of public defender, 36 A. L. R.3d 1403.
Public defender’s immunity from liability for malpractice, 6 A. L. R.4th 774.
Hierarchy Notes:O. C. G. A. Title 17
O. C. G. A. Title 17, Ch. 12
- § 17-12-20. Public defender selection panel for each circuit; appointment of public defender; removal; vacancies
- § 17-12-21. Qualifications for public defender position
- § 17-12-22. Procedure for appointment of attorneys for indigent defendants in event of public defender’s conflict of interest; identification of conflict
- § 17-12-23. Cases in which public defender representation required; timing of representation; juvenile divisions; contracts with local governments
- § 17-12-24. Financial eligibility for indigent defense services representation; operation of public defender’s office
- § 17-12-25. Salary of public defender; private practice prohibited
- § 17-12-25.1. Accountability court supplement
- § 17-12-26. Budget of the council
- § 17-12-27. Appointment of assistant public defenders; salary; promotions
- § 17-12-28. Appointment of investigator; role and responsibilities; compensation; promotions
- § 17-12-29. Employment of supplemental personnel; compensation
- § 17-12-30. Classification of personnel; responsibilities; compensation; local supplements
- § 17-12-31. Employment of additional personnel
- § 17-12-32. Contracting with the council for personnel paid by local government
- § 17-12-33. Assistant public defenders’ private practice of law or concurrent judicial service prohibited; admission to bar in Georgia
- § 17-12-34. Pro rata sharing of expenses and resources by counties in each circuit
- § 17-12-35. Acceptance of other funding
- § 17-12-36. Alternative delivery system; annual review of operations by council; record keeping
- § 17-12-37. Effective date of article
