Editor's notes.

- In light of the similarity of the provisions, decisions under Ga. L. 1953, Nov.-Dec. Sess., p. 478, §§ 1, 2; Ga. L. 1968, p. 999, § 4, and former §§ 17-12-60 and17-12-61, are included in the annotations for this Code Section.

Purpose of Ga. L. 1953, Nov.-Dec. Sess., p. 478, § 1 insofar as the same related to appeals in forma pauperis was to ensure that no person convicted of a capital felony shall be denied the right of appeal because of that person's poverty. McCrary v. State, 229 Ga. 733, 194 S.E.2d 480 (1972).

Lack of counsel after sentenced to death violates right to counsel.

- Lack of counsel after the death sentence is imposed deprives the accused of the accused's vital constitutional right to counsel and renders the accused's trial and sentence void. Sims v. Balkcom, 220 Ga. 7, 136 S.E.2d 766 (1964) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 478, § 2).

Ga. L. 1953, Nov.-Dec. Sess., p. 478, § 1 et seq. was not unconstitutional as violating Ga. Const. 1945, Art. III, Sec. VII, Para. VIII; Art. VI, Sec. IX, Para. I; Art. VII, Sec. IV, Para. I (see Ga. Const. 1983, Art. III, Sec. V, Para. III; Art. VI, Sec. I, Para. V; Art. IX, Sec. IV, Para. I). Bibb County v. Hancock, 211 Ga. 429, 86 S.E.2d 511 (1955).

Section superseded by O.C.G.A. § 17-12-44. - With the enactment of O.C.G.A. § 17-12-44, it would seem that former O.C.G.A. § 17-12-60 had been, in effect, superseded. Straughan & Straughan v. Douglas, 260 Ga. 821, 400 S.E.2d 906 (1991) (decided under former § 17-12-60).

State may not force counsel on defendant.

- State may not constitutionally hale the person into the state's criminal courts and there force a lawyer upon the person, when the person insists that the person wants to conduct the person's own defense. Taylor v. Hopper, 596 F.2d 1284 (5th Cir. 1979), cert. denied, 444 U.S. 1083, 100 S. Ct. 1039, 62 L. Ed. 2d 768 (1980) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 478, § 1).

Judge has no duty to force counsel on defendant.

- Trial judge does not have a duty to attempt to force unwanted counsel upon a defendant who has resolutely declared the defendant's purpose to dismiss that counsel. Taylor v. Hopper, 596 F.2d 1284 (5th Cir. 1979), cert. denied, 444 U.S. 1083, 100 S. Ct. 1039, 62 L. Ed. 2d 768 (1980) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 478, § 1).

Appointment of counsel.

- Trial court acted within the court's discretion in replacing the defendant's appointed private attorneys with salaried counsel from the capital defender's division of the Georgia Public Defender Standards Council (GPDSC) because retaining the defendant's current counsel would perpetuate the funding problems that had plagued the case; evidence was presented that the GPDSC, and possibly the county, currently had funds available for travel and other investigative expenses. Phan v. State, 290 Ga. 588, 723 S.E.2d 876 (2012).

Compensation under § 17-12-5. - Although an attorney applies for appointment under former O.C.G.A. §§ 17-12-60 and17-12-61, this does not preclude an attorney from seeking compensation under O.C.G.A. § 17-12-5(b). In re Whatley, 256 Ga. 289, 347 S.E.2d 602 (1986) (decided under former §§ 17-12-60 and17-12-61).

Compensation under

§ 17-12-5(b). - Although an attorney applies for appointment under former O.C.G.A. § 17-12-12, this did not preclude the attorney from seeking compensation under § 17-12-5(b). In re Whatley, 256 Ga. 289, 347 S.E.2d 602 (1986).

Constitutional right to counsel.

- Indigent defendant was constitutionally entitled to the appointment of counsel at the defendant's upcoming murder trial even if the defendant was currently being provided pro bono representation by an attorney who was receiving compensation from sources other than the defendant. Roberts v. State, 263 Ga. 764, 438 S.E.2d 905 (1994) (decided under former § 17-12-60).

Cited in Fulton County v. State, 282 Ga. 570, 651 S.E.2d 679 (2007).

Construction with constitutional duty to render certain services without compensation.

- Under Ga. Const. 1945, Art. I, Sec. I, Para. V (see Ga. Const. 1983, Art. I, Sec. I, Para. XIV), when a person is charged with a crime in this state, and the court is satisfied that the defendant by reason of the defendant's poverty is indigent and unable to the pay attorney's fee, it is then the duty of the judge to appoint a member of the bar to investigate such a defendant without compensation. However, under Ga. L. 1953, Nov.-Dec. Sess., p. 478, § 1, counsel may be paid for counsel's service when the defendant has been charged with a capital felony and is unable to pay counsel. 1958-59 Op. Att'y Gen. p. 80 (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 478, § 1).

Amended motion for new trial would fall under Ga. L. 1953, Nov.-Dec. Sess., p. 478, § 1. 1960-61 Op. Att'y Gen. p. 119 (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 478, § 1).

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorneys at Law, §§ 260 et seq., 306 et seq. 21 Am. Jur. 2d, Criminal Law, § 373 et seq.

C.J.S.

- 7A C.J.S., Attorney and Client, § 299 et seq. 24 C.J.S., Criminal Law, § 1738 et seq.

ALR.

- Right of defendant in criminal case to conduct defense in person, or to participate with counsel, 17 A.L.R. 266; 77 A.L.R.2d 1233.

Incompetency, negligence, illness or the like of counsel as ground for new trial or reversal in criminal case, 24 A.L.R. 1025; 64 A.L.R. 436.

Brevity of time between assignment of counsel and trial as affecting question whether accused is denied right to assistance of counsel, 84 A.L.R. 544.

Right of indigent defendant in criminal case to aid of state as regards new trial or appeal, 100 A.L.R. 321; 55 A.L.R.2d 1072.

Duty of court when appointing counsel for defendant to name attorney other than one employed by, or appointed for, a codefendant, 148 A.L.R. 183.

What constitutes "trial," "final trial," or "final hearing" under statute authorizing allowance of attorneys' fees as costs on such proceeding, 100 A.L.R.2d 397.

Attorney's refusal to accept appointment to defend indigent, or to proceed in such defense, as contempt, 36 A.L.R.3d 1221.

Determination of indigency of accused entitling him to appointment of counsel, 51 A.L.R.3d 1108.

Accused's right to represent himself in state criminal proceeding - modern state cases, 98 A.L.R.3d 13.