O.C.G.A.
O.C.G.A. § 17-12-44 (2019)
Exception to qualification requirements for public defender or assistant public defender
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Any third-year law student or staff instructor authorized to assist a circuit public defender under this article is not required to possess the qualifications for appointment to the office of circuit public defender or appointment as an assistant circuit public defender as provided in Article 1 of this chapter.
History
Code 1981, § 17-12-44, enacted by Ga. L. 2003, p. 191, § 1.
Annotations
Code Commission notes. - Pursuant
to Code Section 28-9-5, in 2003, ‘‘article’’ was substituted for ‘‘Code section’’.
Notes of Decisions
Cited in 9
cases, 1986–2009 · leading case: Fulton Cnty. v. State, 651 S.E.2d 679 (Ga. 2007).
Fulton Cnty. v. State, 651 S.E.2d 679 (Ga. 2007). “OCGA § 17-12-44, which was enacted in 1979, provided: This article expressly recognizes the inherent power of the court to appoint counsel to represent indigent defendants and to order compensation and reimbursement from county funds in individual cases as the proper…”
Amadeo v. State, 384 S.E.2d 181 (Ga. 1989). “153 (96 SC 2909, 49 LE2d 859) (1976), it has become apparent that special skills are necessary to assure adequate *470 representation of defendants in death penalty cases. ABA, Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases at 5.”
Sacandy v. Walther, 413 S.E.2d 727 (Ga. 1992). “[4] OCGA § 17-12-44 provides: This article expressly recognizes the inherent power of the court to appoint counsel to represent indigent defendants and to order compensation and reimbursement from county funds in individual cases as the proper administration of justice may…”
In re Straughan, 400 S.E.2d 906 (Ga. 1991). “Following the hearing, the trial court entered an order authorizing payment to appellants of an additional $2,500, bringing the total of fee and expenses authorized by order of the trial court to $10,000. Appellants appeal.”
DeKalb Cnty. v. Adams, 529 S.E.2d 610 (Ga. 2000). “Contrary to Adams’s argument, OCGA § 17-12-44 is expressly limited in scope to criminal proceedings 4 and thus does not authorize reimbursement of appointed counsel in this civil proceeding.”
Georgia Pub. Def. Standards Council v. State, 675 S.E.2d 25 (Ga. 2009). “Under former OCGA § 17-12-44, which was enacted in 1979, a court was empowered to order a county to pay for legal services for an indigent defendant in a capital felony case.”
In Re Fee Petition of Whatley, 347 S.E.2d 602 (Ga. 1986). “Finally, he insisted that since under OCGA § 17-12-44 the court has inherent power to order adequate compensation for the representation of indigents, he should not be limited to the $250 plus $500 for expenses provided by OCGA §§ 17-12-60; 17-12-61.”
McCorkle v. Bignault, 399 S.E.2d 916 (Ga. 1991). “Appellant is correct that OCGA § 17-12-44 does recognize “the inherent authority of the court to appoint counsel to represent indigent defendants and to order compensation and reimbursement from county funds in individual cases as the proper administration of justice may require.”
In re Echols, 475 S.E.2d 658 (Ga. Ct. App. 1996). “all actions and proceedings within the juvenile courts of this state in which a person is entitled to legal representation under the Constitution of the United States or the Constitution and laws of the State of Georgia.”
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