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(Code 1981, §17-12-1, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2007, p. 65, § 1/SB 139; Ga. L. 2015, p. 519, § 7-1/HB 328.)
The 2015 amendment, effective July 1, 2015, substituted "Georgia Public Defender Council" for "Georgia Public Defender Standards Council" in subsection (b).
- Appointment of counsel for indigent defendants, Uniform Superior Court Rules, Rule 29.
- Right to and assignment of counsel, Federal Rules of Criminal Procedure, Rule 44.
- For survey article on criminal law, see 59 Mercer L. Rev. 89 (2007). For survey article on legal ethics, see 59 Mercer L. Rev. 253 (2007). For note on the 2003 enactment of this article, see 20 Ga. St. U.L. Rev. 105 (2003).
Construction with former § 17-12-10. - Georgia Indigent Defense Act, in replacing former O.C.G.A. § 17-12-10(c), did not preclude a trial court from ordering restitution of attorney fees as part of the court's general power to impose reasonable conditions of probation under O.C.G.A. § 42-8-35; thus, a defendant was properly ordered to reimburse the costs of the defendant's legal representation and that aspect of the defendant's sentence was not a nullity. State v. Pless, 282 Ga. 58, 646 S.E.2d 202 (2007).
- Trial court did not abuse the court's discretion by proceeding with trial and refusing to delay the proceedings after concluding that the defendant did not exercise reasonable diligence in procuring counsel because the record showed that the defendant repeatedly claimed, over a period of three months, that the defendant was in the process of retaining counsel, and the defendant was advised on multiple occasions by the trial court to make a better effort to do so. Hatcher v. State, 320 Ga. App. 366, 739 S.E.2d 805 (2013).
- It was error to hold that under O.C.G.A. § 17-12-34 of the Georgia Indigent Defense Act of 2003, the Georgia Public Defender Standards Council was required to pay for indigent defendants' costs of transcripts in criminal cases; under laws existing before the act, counties were required to pay for such transcripts, and the act does not repeal these laws by implication. Ga. Public Defender Stds. Council v. State of Ga., 284 Ga. App. 660, 644 S.E.2d 510 (2007).
- General Assembly was authorized to place the Georgia Public Defenders Standards Council (GPDSC) in the executive branch. A suit by GPDSC, whether by pro bono counsel or otherwise, against the state for so placing the GPDSC in the executive branch (or for any other reason) would be ultra vires and illegal. 2009 Op. Att'y Gen. No. 2009-2.
- Director of the Georgia Public Defender Standards Council has broad authority and is responsible for the day to day operation of the agency. The Council's limited responsibilities, to be carried out concurrently with the director, include setting standards, conducting audits, making financial disclosures, receiving funds, providing for legal education, reporting to the General Assembly, and providing procedures for the appointment of conflict council. 2009 Op. Att'y Gen. No. 2009-5.
Total Results: 11
Court: Supreme Court of Georgia | Date Filed: 2021-03-15
Snippet: under the Indigent Defense Act of 2003, OCGA § 17-12-1 et seq. (“IDA”), nor a constitutional right to
Court: Supreme Court of Georgia | Date Filed: 2018-05-07
Citation: 814 S.E.2d 307
Snippet: provided under the Indigent Defense Act. See OCGA §§ 17-12-1 ; 17-12-12 (a). That act also requires the State
Court: Supreme Court of Georgia | Date Filed: 2017-02-27
Citation: 300 Ga. 632, 797 S.E.2d 104, 2017 WL 765894, 2017 Ga. LEXIS 100
Snippet: The Indigent Defense Act of 2003 (“IDA”), OCGA § 17-12-1 et seq., does not change that conclusion. That
Court: Supreme Court of Georgia | Date Filed: 2012-02-27
Citation: 290 Ga. 588, 723 S.E.2d 876, 2012 Fulton County D. Rep. 587, 2012 WL 602897, 2012 Ga. LEXIS 199
Snippet: statewide basis. See Ga. L. 2003, p. 191, § 1; OCGA §§ 17-12-1 to 17-12-13. The capital defender’s division is
Court: Supreme Court of Georgia | Date Filed: 2010-03-25
Citation: 694 S.E.2d 350, 287 Ga. 46, 2010 Fulton County D. Rep. 1323, 2010 Ga. LEXIS 277
Snippet: defense counsel were not paid at all. OCGA § 17-12-1 et seq. Ultimately, on the eve of trial, Weis
Court: Supreme Court of Georgia | Date Filed: 2010-02-08
Citation: 689 S.E.2d 823, 286 Ga. 483, 2010 Fulton County D. Rep. 334, 2010 Ga. LEXIS 146
Snippet: the services of the public defender. See OCGA § 17-12-1 et seq. 4. Defendant contends OCGA § 16-9-20 is
Court: Supreme Court of Georgia | Date Filed: 2009-03-09
Citation: 675 S.E.2d 25, 285 Ga. 169, 2009 Fulton County D. Rep. 763, 2009 Ga. LEXIS 87
Snippet: the Georgia Indigent Defense Act of 2003, OCGA § 17-12-1 et seq. (Act). *27 That Act replaced the previous
Court: Supreme Court of Georgia | Date Filed: 2007-09-24
Citation: 651 S.E.2d 679, 282 Ga. 570, 2007 Fulton County D. Rep. 2930, 2007 Ga. LEXIS 595
Snippet: Public Defender Standards Council. See OCGA §§ 17-12-1; 17-12-12. Judgment reversed. All the Justices
Court: Supreme Court of Georgia | Date Filed: 2007-06-04
Citation: 646 S.E.2d 202, 282 Ga. 58, 2007 Fulton County D. Rep. 1747, 2007 Ga. LEXIS 398
Snippet: [Georgia Indigent Defense Act of 2003, OCGA § 17-12-1 et seq., effective December 31, 2003] does not
Court: Supreme Court of Georgia | Date Filed: 1992-02-27
Citation: 413 S.E.2d 727, 262 Ga. 11, 43 Fulton County D. Rep. 17, 1992 Ga. LEXIS 176
Snippet: under the Georgia Criminal Justice Act, OCGA § 17-12-1 et seq., the Georgia Indigent Defense Act, OCGA
Court: Supreme Court of Georgia | Date Filed: 1990-02-07
Citation: 387 S.E.2d 879, 259 Ga. 800
Snippet: 999, as amended, Ga. L. 1974, p. 1100; OCGA § 17-12-1 et seq. In addition, a state-funded program, the