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2018 Georgia Code 17-12-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-12-30 Case Law from Google Scholar Amendments to OCGA 17-12-30

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 2 PUBLIC DEFENDERS

17-12-30. Classification of personnel; responsibilities; compensation; local supplements.

  1. All state paid personnel employed by the circuit public defenders pursuant to this article shall be employees of the executive branch of state government and shall be in the unclassified service as defined by Code Section 45-20-2.
  2. Personnel employed by the circuit public defenders pursuant to this article shall have the authority, duties, powers, and responsibilities as are authorized by law or as assigned by the circuit public defender and shall serve at the pleasure of the circuit public defender.
    1. The council shall establish salary ranges for each state paid position authorized by this article or any other provision of law. Salary ranges shall be similar to the state-wide and senior executive ranges adopted pursuant to the rules of the State Personnel Board and shall provide for minimum, midpoint, and maximum salaries not to exceed the maximum allowable salary. In establishing the salary ranges, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary ranges to include across-the-board increases which the General Assembly may from time to time authorize in the General Appropriations Act.
    2. The circuit public defender shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the job to which the person is appointed and the appropriate salary range.
    3. All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be increased at the first of the calendar month following the annual anniversary of the person's appointment. No employee's salary shall be advanced beyond the maximum established in the applicable pay range.
    4. Any reduction in salary shall be made in accordance with the salary range for the position and the policies adopted by the council.
    5. The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the council as provided by this subsection from funds appropriated for such purpose. The council may authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45.
    6. The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article.
    7. The governing authority of any municipality within the judicial circuit may, with the approval of the circuit public defender, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article.

(Code 1981, §17-12-30, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2004, p. ES3, § 23/HB 1EX; Ga. L. 2007, p. 65, § 4/SB 139; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2011, p. 91, § 13/HB 238; Ga. L. 2012, p. 446, § 2-20/HB 642.)

The 2011 amendment, effective July 1, 2011, substituted "policies" for "policies, rules, or regulations" near the end of paragraph (c)(4).

The 2012 amendment, effective July 1, 2012, substituted "as defined by Code Section 45-20-2" for "of the State Personnel Administration" in subsection (a); and substituted "adopted pursuant to the rules of the State Personnel Board" for "adopted by the State Personnel Administration" in the second sentence of paragraph (c)(1).

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

JUDICIAL DECISIONS

Cited in Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).

Cases Citing O.C.G.A. § 17-12-30

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Amadeo v. State, 384 S.E.2d 181 (Ga. 1989).

Cited 27 times | Published | Supreme Court of Georgia | Oct 5, 1989 | 259 Ga. 469

...ed in selecting counsel, an appointing trial court must also consider the prior experience of the available lawyers when choosing counsel in a death penalty case. E.g., OCGA § 17-2-8; Uniform Superior Court Rule 29.8; Ga. Indigent Defense Act, OCGA § 17-12-30 et seq....
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Sacandy v. Walther, 413 S.E.2d 727 (Ga. 1992).

Cited 8 times | Published | Supreme Court of Georgia | Feb 27, 1992 | 262 Ga. 11, 43 Fulton County D. Rep. 17

...any individuals and from incarcerating her for her refusal to participate in the Program. The Program receives state funding and was established under the Georgia Criminal Justice Act, OCGA § 17-12-1 et seq., the Georgia Indigent Defense Act, OCGA § 17-12-30 et seq....
...238 (33 SE2d 905) (1945); Judicial Qualifications Comm. v. Lowenstein, 252 Ga. 432, 433 (1) (314 SE2d 107) (1984). This power includes the ability to appoint counsel to represent indigent defendants, as was statutorily recognized in 1979 by the enactment of the Georgia Indigent Defense Act, OCGA §§ 17-12-30; 17-12-44....
...478; OCGA § 17-12-60 et seq., and since 1968, in all indigent cases, Ga. L. 1968, p. 999, as amended, Ga. L. 1974, p. 1100; OCGA § 17-12-1 et seq. In addition, a state-funded program, the Georgia Indigent Defense Act, was enacted in 1979, Ga. L. 1979, p. 367; OCGA § 17-12-30 et seq., declaring: [i]t is the policy of this state to provide the constitutional guarantees of the right to counsel and equal access to the courts to all its citizens in criminal cases and to provide: ......
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Birt v. State, 387 S.E.2d 879 (Ga. 1990).

Cited 7 times | Published | Supreme Court of Georgia | Feb 7, 1990 | 259 Ga. 800

...478; OCGA § 17-12-60 et seq., and since 1968, in all indigent cases, Ga. L. 1968, p. 999, as amended, Ga. L. 1974, p. 1100; OCGA § 17-12-1 et seq. In addition, a state-funded program, the Georgia Indigent Defense Act, was enacted in 1979, Ga. L. 1979, p. 367; OCGA § 17-12-30 et seq., declaring: [i]t is the policy of this state to provide the constitutional guarantees of the right to counsel and equal access to the courts to all its citizens in criminal cases and to provide: ....
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In re Straughan, 260 Ga. 821 (Ga. 1991).

Cited 3 times | Published | Supreme Court of Georgia | Feb 21, 1991 | 400 S.E.2d 906

...J., Bell, Benham, Fletcher, JJ., and Judge William R. Killian concur; Hunt, J., dissents; Weltner, J., not participating. The amicus curiae brief filed by Johnson County indicates that although Johnson County is a participant under the Georgia Indigent Defense Act, OCGA § 17-12-30 et seq., the fee in this case was not set pursuant to the provisions of that act. The inherent power of the court to appoint counsel to represent indigent defendants and to order compensation and reimbursement from county funds was statutorily recognized by OCGA § 17-12-44....
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DeKalb Cnty. v. Adams, 272 Ga. 401 (Ga. 2000).

Cited 2 times | Published | Supreme Court of Georgia | May 1, 2000 | 529 S.E.2d 610, 2000 Fulton County D. Rep. 1606

...reimbursement from county funds in individual cases as the proper administration of justice may require.” (Emphasis supplied.) OCGA § 17-12-44 comes within Article 2 of Chapter 12, Volume 17, known as the “Georgia Indigent Defense Act,” OCGA § 17-12-30, which was promulgated to provide the constitutional guarantees of the right to counsel and equal access to the courts “to all its citizens in criminal cases.” OCGA § 17-12-31. Adams raised for the first time on appeal the contenti...
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McCorkle v. Bignault, 260 Ga. 758 (Ga. 1991).

Cited 1 times | Published | Supreme Court of Georgia | Jan 31, 1991 | 399 S.E.2d 916

Fletcher, Justice. In 1979, the Georgia Indigent Defense Act (the “Act”), creating a state-funded indigent defense program was enacted by the legislature, Ga. L. 1979, p. 367; OCGA § 17-12-30 et seq....