2024 CODE OF GEORGIA
Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4)
Chapter 12 - LEGAL DEFENSE OF INDIGENTS (§§ 17-12-1 — 17-12-120)
Article 2 - CIRCUIT PUBLIC DEFENDERS (§§ 17-12-20 — 17-12-39)
Section 17-12-23 - Cases in which public defender representation required; timing of representation; juvenile divisions; contracts with local governments

• (a) The circuit public defender shall provide representation in the following actions and proceedings:
  • (1) Any case prosecuted in a superior court under the laws of the State of Georgia in which there is a possibility that a sentence of imprisonment or probation or a suspended sentence of imprisonment may be adjudged;
  • (2) A hearing on a revocation of probation in a superior court;
  • (3) Any juvenile court case where the juvenile may face a disposition of confinement, commitment, or probation; and
  • (4) Any direct appeal of any of the proceedings enumerated in paragraphs (1) through (3) of this subsection.

• (b) In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins not more than three business days after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed.

• (c) Each circuit public defender shall establish a juvenile division within the circuit public defender office to specialize in the defense of juveniles.

• (d) A city or county may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city or county ordinances or state laws. If a city or county does not contract with the circuit public defender office, the city or county shall be subject to all applicable policies and standards adopted by the council for representation of indigent persons in this state.

Amended by 2011 Ga. Laws 51,§ 12, eff. 7/1/2011.

Amended by 2008 Ga. Laws 729,§ 30, eff. 7/1/2008.

Amended by 2006 Ga. Laws 739,§ 5, eff. 7/1/2006.

Added by 2003 Ga. Laws 32, § 1, eff. 1/1/2005.