TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 PUBLIC DEFENDERS

17-12-27. Appointment of assistant public defenders; salary; promotions.

1. Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint:
   1. One assistant public defender for each superior court judge authorized for the circuit, excluding the chief judge and senior judges; and
   2. Subject to funds being appropriated by the General Assembly or otherwise available, additional assistant public defenders as may be authorized by the council. In authorizing additional assistant public defenders, the council shall consider the caseload, present staff, and resources available to each circuit public defender and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of providing adequate legal defense for indigent defendants.
2. Each assistant public defender appointed pursuant to subsection (a) of this Code section shall be classified based on education, training, and experience. The jobs of assistant public defenders and the minimum qualifications required for appointment or promotion to each job shall be established by the council based on education, training, and experience and in accordance with the provisions of Code Sections 17-12-30 and 17-12-34.
3. Each assistant public defender appointed pursuant to this Code section shall be compensated based on a salary range established in accordance with subsection (c) of Code Section 17-12-30. The salary range for each job established in accordance with subsection (b) of this Code section shall be as follows:
   1. Assistant public defender I. Not less than $38,124.00 nor more than 65 percent of the compensation of the circuit public defender;
   2. Assistant public defender II. Not less than $40,884.00 nor more than 70 percent of the compensation of the circuit public defender;
   3. Assistant public defender III. Not less than $45,108.00 nor more than 80 percent of the compensation of the circuit public defender; and
   4. Assistant public defender IV. Not less than $52,176.00 nor more than 90 percent of the compensation of the circuit public defender.
4. All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the circuit public defender in writing in accordance with the provisions of Code Section 17-12-30.
5. 1. All salary advancements shall be based on quality of work, education, and performance.
   2. The salary of an assistant public defender appointed pursuant to this Code section may be increased at the first of the calendar month following the anniversary of his or her appointment.
   3. The salary of any assistant public defender who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be increased effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's job classification.
6. Any assistant public defender appointed pursuant to this Code section may be promoted to the next highest job at any time the attorney meets the minimum qualifications for such job, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the job from which the attorney is to be promoted. When an assistant public defender is promoted to the next highest job, the assistant public defender shall enter the higher job at an annual salary greater than the annual salary the assistant public defender was receiving immediately prior to the promotion.
7. All full-time state paid employees of the office of the circuit public defender shall be state employees in the unclassified service as defined by Chapter 20 of Title 45 with all benefits of such appointed state employees as provided by law. A circuit public defender, assistant public defender, or local public defender may be issued an employee identification card by his or her employing agency; provided, however, that no employer of any such public defender shall issue nor shall any public defender display, wear, or carry any badge, shield, card, or other item that is similar to a law enforcement officer's badge or that could be reasonably construed to indicate that the public defender is a peace officer or law enforcement official.
8. Notwithstanding the provisions of subsection (g) of this Code section, an employee of a local public defender office who was an employee of the office on June 30, 2004, and who becomes a circuit public defender or an employee of a circuit public defender office before July 1, 2005, may elect, with the consent of the former employer and the consent of the council, to remain an employee of the entity for which the employee worked as a local public defender; and such entity shall be his or her employer for all purposes, including, without limitation, compensation and employee benefits. The right to make an election pursuant to this subsection shall expire on July 1, 2005. The council shall reimburse the appropriate entity for compensation, benefits, and employer contributions under the federal Social Security Act, but the total payment from the council to the entity on behalf of the employee shall not exceed the amount otherwise payable to or for the employee under the circumstance where the employee had become a state employee.

(Code 1981, §17-12-28, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2004, p. 631, § 17; Ga. L. 2004, p. ES3, § 20/HB 1EX; Ga. L. 2005, p. 60, § 17/HB 95; Ga. L. 2006, p. 752, § 9/SB 503; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-19/HB 642.)

The 2012 amendment, effective July 1, 2012, in subsection (g), substituted "as defined by Chapter 20 of Title 45" for "of the State Personnel Administration" in the first sentence and inserted the first occurrence of "that" in the second sentence.