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2018 Georgia Code 17-12-24 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-12-24 Case Law from Google Scholar Amendments to OCGA 17-12-24

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 PUBLIC DEFENDERS

17-12-24. Financial eligibility for indigent defense services representation; operation of public defender's office.

  1. The circuit public defender, any other person or entity providing indigent defense services, or the system established pursuant to Code Section 17-12-80 shall determine if a person or juvenile arrested, detained, or charged in any manner is an indigent person entitled to representation under this chapter.
  2. The circuit public defenders shall administer and coordinate the day-to-day operations of their respective offices and shall supervise the assistant public defenders and other staff serving in the office.
  3. The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this chapter; and any other information requested by the council.

(Code 1981, §17-12-24, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2006, p. 752, § 7/SB 503; Ga. L. 2008, p. 846, § 31/HB 1245.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Code Section 17-12-2 are included in the annotations for this Code Section.

"Indigent person."

- If defendant retains trial counsel and then claims indigence on appeal, the defendant bears the burden of making that fact known to the trial court or some responsible state official. Seay v. State, 220 Ga. App. 418, 469 S.E.2d 496 (1996) (decided under former O.C.G.A. § 17-12-2).

Because the trial court did not hold a plea withdrawal hearing and did not make a record of the court's determination of the defendant's indigency for appeal, the appellate court could not determine if the trial court abused the court's discretion or followed the procedures of former O.C.G.A. §§ 17-12-2(5),17-12-32,17-12-4(a) and Ga. Unif. Super. Ct. R. 29.2, 29.3, 29.5. Schlau v. State, 261 Ga. App. 303, 582 S.E.2d 243 (2003).

Defendant failed to show that the trial court abused the court's discretion in determining that the defendant was not entitled to a transcript free of charge and, contrary to the defendant's claim, the trial court was not required as a matter of law to follow the public defender's determination of indigence for that purpose. Roberson v. State, 335 Ga. App. 606, 782 S.E.2d 671 (2016), aff'd, 300 Ga. 632, 797 S.E.2d 104 (2017).

Cases Citing Georgia Code 17-12-24 From Courtlistener.com

Total Results: 4

American Civil Liberties Union, Inc. v. Zeh

Court: Supreme Court of Georgia | Date Filed: 2021-10-19

Snippet: public defender because of indigency. See OCGA § 17- 12-24 (a) (“The circuit public defender, any other

ALLEN v. DAKER (And Vice Versa)

Court: Supreme Court of Georgia | Date Filed: 2021-05-17

Snippet: counsel at the government’s expense. See OCGA § 17-12-24 (a) (“The circuit public defender[ or] any other

Duke v. State

Court: Supreme Court of Georgia | Date Filed: 2021-03-15

Snippet: See, e.g., with all emphases supplied, OCGA §§ 17-12-24 (c) (“The circuit public defender shall keep and

Roberson v. 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: meets that definition. Id. at §§ 17-12-2 (6), 17-12-24 (a). Roberson contends that the IDA makes a circuit