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2018 Georgia Code 9-14-53 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 14. Habeas Corpus, 9-14-1 through 9-14-53.

ARTICLE 2 PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-14-53. Reimbursement to counties for habeas corpus costs.

Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the court costs are cast upon the respondent, but such reimbursement shall not exceed $30,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of the superior court of each county shall send a certified list to The Council of Superior Court Judges of Georgia of each writ of habeas corpus sought in the superior court of the county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners for which the granting of the writ was denied or for which the court costs were cast upon the respondent; and such list shall include the court costs both at the trial level and in any appellate court for each such writ of habeas corpus. By not later than December 15 of each calendar year, the council shall pay to the county from funds appropriated or otherwise made available for the operation of the superior courts the reimbursement as set forth in the certified list, subject to the maximum reimbursement provided for in this Code section. The list sent to the council as provided in this Code section shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The council is authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out this Code section and to establish such procedures as may be reasonably necessary for such purposes. This Code section shall not be construed to amend or repeal the provisions of Code Section 15-6-28 or any other provision of law for funds for any judicial circuit.

(Code 1933, § 50-128, enacted by Ga. L. 1978, p. 2051, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 97, § 9; Ga. L. 1999, p. 660, § 1; Ga. L. 2011, p. 477, § 1/SB 193; Ga. L. 2017, p. 553, § 1/HB 319.)

The 2017 amendment, effective July 1, 2017, substituted "$30,000.00" for "$10,000.00" near the end of the first sentence.

JUDICIAL DECISIONS

Attorney's fees not reimbursable.

- O.C.G.A. § 9-14-53, allowing the state's reimbursement of certain counties for "court costs" for indigent habeas corpus petitioners, does not embrace attorney fees. Willis v. Price, 256 Ga. 767, 353 S.E.2d 488 (1987).

Cases Citing Georgia Code 9-14-53 From Courtlistener.com

Total Results: 3

Orr v. State

Court: Supreme Court of Georgia | Date Filed: 2002-03-28

Citation: 562 S.E.2d 498, 275 Ga. 141, 2002 Fulton County D. Rep. 2001, 2002 Ga. LEXIS 248

Snippet: plea lies in habeas corpus, OCGA §§ 9-14-40 to 9-14-53. Judgment affirmed. All the Justices concur.

Patterson v. Earp

Court: Supreme Court of Georgia | Date Filed: 1988-01-06

Citation: 363 S.E.2d 248, 257 Ga. 729, 1988 Ga. LEXIS 4

Snippet: Article II including OCGA § 9-14-40 through § 9-14-53. Article I begins with a listing of three categories

Willis v. Price

Court: Supreme Court of Georgia | Date Filed: 1987-03-11

Citation: 353 S.E.2d 488, 256 Ga. 767, 1987 Ga. LEXIS 652

Snippet: (295 SE2d 63) (1982). The provisions of OCGA § 9-14-53 (f) (1) for the state's reimbursement of certain