O.C.G.A.
O.C.G.A.

O.C.G.A. § 17-12-5 (2019)

Director; qualifications; powers and responsibilities

✓ 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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(a) To be eligible for appointment as the director, a candidate shall be a member in good standing of the State Bar of Georgia with at least seven years’ experience in the practice of law. The director shall be appointed by the Governor and shall serve at the pleasure of the Governor. (b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; assistance with death penalty cases; and assistance with appellate advocacy.

(2) The director may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall have and may exercise the following power and authority: (1) The power and authority to take or cause to be taken any or all action necessary to perform any duties, responsibilities, or functions which the director is authorized by law to perform and to exercise any power or authority which the council is authorized under subsection (a) of Code Section 17-12-4 to exercise; and (2) The power and authority to assist the council in the performance of its duties, responsibilities, and functions and the exercise of its power and authority. (d) The director shall: (1) Prepare and submit to the council a proposed budget for the council. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such procedures as the director determines may be necessary to carry out the provisions of this chapter; (3) Administer and coordinate the operations of the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the director’s discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources;

(10) Hire or remove a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire or remove the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; and (12) Evaluate each circuit public defender’s job performance. (e) The director shall not: (1) Provide direct legal representation to any person entitled to services pursuant to this chapter; and (2) Engage in the private practice of law for profit.

History

Code 1981, § 17-12-5, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2004, p. 631, § 17; Ga. L. 2008, p. 846,

§ 18/HB 1245; Ga. L. 2011, p. 91, § 3/HB 238; Ga. L. 2015, p. 519, § 7-4/HB 328.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Responsibilities of Director of Georgia Public Defender Standards Council. - Director of the Georgia Public Defender Standards Council has broad authority and is responsible for the day to day operation of the agency. The Council’s limited responsibilities, to be carried out concurrently with the director, include

setting standards, conducting audits, making financial disclosures, receiving funds, providing for legal education, reporting to the General Assembly, and providing procedures for the appointment of conflict council. 2009 Op. Att’y Gen. No. 2009-5.

RESEARCH REFERENCES Am. Jur. 2d. - 7 Am. Jur. 2d, Attorneys at Law, §§ 225 et seq., 232 et seq., 278 et seq.

C.J.S. - 7A C.J.S., Attorney and Client, § 441 et seq.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1985–2023 · leading case: Duke v. State, 856 S.E.2d 250 (Ga. 2021).
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Duke v. State, 856 S.E.2d 250 (Ga. 2021). · cites it 18× “) OCGA § 17-12-5 (b) (1). See also OCGA § 17- 12-5 (b) (3) (“The director may .”
Baxter v. State, 331 S.E.2d 561 (Ga. 1985). · cites it 2× “While the appropriation of such funds may be authorized under OCGA § 17-12-5, in light of the testimony actually produced as to the grand jury and jury qualification questions, and the nature of the expert testimony produced by the state regarding the time of the victim’s death,…”
In Re Fee Petition of Whatley, 347 S.E.2d 602 (Ga. 1986). · cites it 20× “However, in December 1982 and again in July 1985, Whatley petitioned for compensation pursuant to OCGA § 17-12-5 (b). The December 1982 petition was ruled premature.”
Hawkins v. State, 474 S.E.2d 666 (Ga. Ct. App. 1996). · cites it 4× “The statute recites that “The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final.”
Kendrix v. State, 426 S.E.2d 251 (Ga. Ct. App. 1992). · cites it 4× “However, as noted above, in this case the trial court appointed counsel to defendant based on a finding of indigence.”
Georgia Pub. Def. Standards Council v. State, 675 S.E.2d 25 (Ga. 2009). · cites it 2× “Former OCGA §§ 17-12-5 (b) (3), 17-12-123 (4) (Ga.”
Dwight Lleywilln Nails v. State (Ga. Ct. App. 2022). · cites it 6× “The Court then held that OCGA § 17-12-5 (b) (1)’s requirement that the GPDC should “provide support services .”
In the Interest of K.S., a Child (Ga. Ct. App. 2023). · cites it 2× “418, 418 ( 469 SE2d 496 ) (1996) (criminal defendants are entitled to counsel “at every critical stage of the proceedings against them, including appeal”); OCGA § 17-12-5 (b) (1) (the Indigent Defense Act applies to “criminal or juvenile” cases).”
— 17-12-5(c) — 1 case
Hawkins v. State, 474 S.E.2d 666 (Ga. Ct. App. 1996). “The statute recites that “The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.