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2018 Georgia Code 17-12-10 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

Section 12. Legal Defense For Indigents, 17-12-1 through 17-12-128.

ARTICLE 1 GEORGIA PUBLIC DEFENDER COUNCIL

17-12-10. Annual reporting.

  1. Upon request, the council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and revenue, including moneys received from cities and county governing authorities.
  2. Upon request, the council shall provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended.
  3. Upon request, the director shall prepare annually a report in order to provide the General Assembly, the Supreme Court, and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized.

(Code 1981, §17-12-10, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2008, p. 846, § 22/HB 1245; Ga. L. 2011, p. 91, § 7/HB 238; Ga. L. 2015, p. 519, § 7-8/HB 328.)

The 2011 amendment, effective July 1, 2011, near the beginning of subsection (c), substituted "director" for "council" and inserted ", the Supreme Court,".

The 2015 amendment, effective July 1, 2015, substituted "Upon request, the council" for "The council" in subsections (a) and (b); substituted "Upon request, the director" for "The director" at the beginning of subsection (c); and deleted the former last sentence of subsection (a), which read: "Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act."

Cases Citing O.C.G.A. § 17-12-10

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State v. Pless, 646 S.E.2d 202 (Ga. 2007).

Cited 12 times | Published | Supreme Court of Georgia | Jun 4, 2007 | 282 Ga. 58, 2007 Fulton County D. Rep. 1747

...[1] In so doing, the Court of Appeals reversed the restitution portion of the sentence holding that the trial court was without legal authority to order reimbursement of attorney fees. The Court of Appeals set forth the rationale for its ruling, as follows: "the governing statute [former OCGA § 17-12-10(c) which expressly allowed a court to order reimbursement of attorney fees] was struck prior to trial and its replacement [Georgia Indigent Defense Act of 2003, OCGA § 17-12-1 et seq., effective December 31, 2003] does not contain any pr...
...Larocque, 268 Ga. 352, 489 S.E.2d 806 (1997) (in order to preserve a point of error for review, counsel must make a proper objection on the record at the earliest possible time); Fair v. State, 281 Ga.App. 518(2), 636 S.E.2d 712 (2006). [3] Although former OCGA § 17-12-10(c) expressly allowed a trial court to order reimbursement to the county for the costs of a court-appointed attorney when a defendant is able to pay such costs, that provision was eliminated with enactment of the Georgia Indigent Defense Act of 2003, effective January 1, 2004. The Court of Appeals correctly noted that OCGA § 17-12-10(c) was no longer in effect at the time of Pless' sentencing on May 17, 2005; nonetheless, the court went on to conclude that repeal of the specific statute absolutely extinguished the trial *204 court's authority to order reimbursement of the costs of legal representation....
...42-8-35] and associated court decisions," Pless, supra at 809, 633 S.E.2d 340, but nonetheless declined to validate that authority. Pless argues that the legislative intent to eliminate the authority must be presumed in light of the deletion of OCGA § 17-12-10(c) from the 2003 Act....
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Duke v. State, 856 S.E.2d 250 (Ga. 2021).

Cited 7 times | Published | Supreme Court of Georgia | Mar 15, 2021 | 311 Ga. 135

...beyond those specified in the statute. See, e.g., with all emphases supplied, OCGA §§ 17-12-6 (a) (1) (“The [GPDC] may assist public defenders throughout the state . . . [with t]he preparation and distribution of a basic defense manual and other educational materials”); 17-12-10.2 (“The members of the [GPDC] as created by this article, the members of the circuit public defender supervisory panel created by Article 2 of this chapter, and other policy-making 18 or administrativ...