(Orig. Code 1863, § 3617; Code 1868, § 3642; Code 1873, § 3692; Code 1882, § 3692; Ga. L. 1889, p. 156, § 1; Civil Code 1895, § 4341; Civil Code 1910, § 4872; Code 1933, § 24-3005; Ga. L. 2007, p. 183, § 1/HB 586.)
Editor's notes.- Ga. L. 2007, p. 183, § 3/HB 586, not codified by the General Assembly, provides that this Act shall apply to all costs and fees incurred or counsel appointed on or after July 1, 2007.
Law reviews.- For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).
JUDICIAL DECISIONS
County's filing of a protest over an expenditure ordered by the superior court judge to whom the case was assigned did not divest the court of the court's jurisdiction over the case. DeKalb County v. Adams, 272 Ga. 401, 529 S.E.2d 610 (2000).
Payment of committee appointed under Penal Code 1895, §§ 837 and 838 to examine county officers was authorized by former Civil Code 1895, § 4341 (see now O.C.G.A. § 15-6-24). Chatham County v. Gaudry, 120 Ga. 121, 47 S.E. 634 (1904).
Former Penal Code 1895, §§ 841, 842 and 843 contemplated services by resident individuals composing committees appointed by grand juries, and compensation for such services, and, considered in connection with former Civil Code 1895, § 4872 (see now O.C.G.A. § 15-6-24), authorized payment by the county of compensation for such services of the committee by order of the court as a part of the expenses of the court. Watkins v. Tift, 177 Ga. 640, 170 S.E. 918 (1933).
Contingent expenses.
- In an indigent criminal defendant's death penalty case, a county was improperly ordered to pay the costs, pursuant to O.C.G.A. § 15-6-24, of transcribing telephone conversations made by or to the criminal defendant at the jail or presenting demonstrative evidence in the courtroom in a digital format as those were not expenses typically incurred at trial. Fulton County v. State, 282 Ga. 570, 651 S.E.2d 679 (2007).
Necessity for the installation of fire sprinklers for a ten-story building is not within the judge's unique knowledge about the functioning of his or her court. In re DeKalb County Courthouse Fire Sprinkler Sys., 265 Ga. 96, 454 S.E.2d 126 (1995).
Payment of fees of appointed attorneys.
- Legislature, by authorizing payment of certain fees and expenses of appointed attorneys in capital-felony cases, has created an expense of court, and the judges of the superior courts have the inherent power and authority to order the expenses paid out of the county treasury. Bibb County v. Hancock, 211 Ga. 429, 86 S.E.2d 511 (1955).
Payments of fees of accountants in criminal case.
- Fees or charges of expert accountants, employed on behalf of the state in a criminal case by the solicitor general (now district attorney), with the approval of the trial judge, were not such contingent expenses in the holding of any and all sessions of the superior court as were within the meaning of former Code 1933, § 24-3005 (see now O.C.G.A. § 15-6-24). Freeney v. Geoghegan, 177 Ga. 142, 169 S.E. 882 (1933).
Statute did not confer power upon the grand jury or the court to employ expert accountants, whose compensation was to be paid out of the county treasury, to render services under direction of the committee in performing the duties imposed upon that body. Watkins v. Tift, 177 Ga. 640, 170 S.E. 918 (1933).
One claiming right to money must show authority.
- Counties have only such powers as may be prescribed by law, and that one who claims the right to receive money from the treasury of the county must show the law which authorizes the expenditure. Freeney v. Geoghegan, 177 Ga. 142, 169 S.E. 882 (1933).
Certificate approving payment of court reporter.
- Order of judge including in the judge's approval of compensation certain work done by the person assisting the court reporter becomes a judgment by a court of competent jurisdiction, and not being void on the judgment's face cannot be collaterally attacked. Walden v. Smith, 203 Ga. 207, 45 S.E.2d 660 (1947), overruled on other grounds, McCorkle v. Judges of Superior Court, 260 Ga. 315, 392 S.E.2d 707 (1990).
Certificate of the judge of the superior court approving bills for compensation to the court reporter is a judgment of that court and cannot be collaterally attacked. Nichols v. Floyd County, 76 Ga. App. 792, 47 S.E.2d 163 (1948).
Transcript costs for indigents.
- It was error to hold that under O.C.G.A. § 17-12-34 of the Georgia Indigent Defense Act of 2003, the Georgia Public Defender Standards Council was required to pay for indigent defendants' costs of transcripts in criminal cases; under laws existing before the act, counties were required to pay for such transcripts, and the act does not repeal these laws by implication. Ga. Public Defender Stds. Council v. State of Ga., 284 Ga. App. 660, 644 S.E.2d 510 (2007).
Review of certificates.
- Certificates issued pursuant to O.C.G.A. § 15-6-24 are reviewable through an appeal from a mandamus action filed by the party to whom the money was due, and may also be reviewed through the filing by the county of a protest to the certificate. McCorkle v. Judges of Superior Court, 260 Ga. 315, 392 S.E.2d 707 (1990).
Cited in Houston County v. Kersh & Wynne, 82 Ga. 252, 10 S.E. 199 (1889); Cone v. Jones, 178 Ga. 189, 172 S.E. 465 (1934); Walden v. Nichols, 201 Ga. 568, 40 S.E.2d 644 (1946); Richter v. Thomas County Comm'n, 152 Ga. App. 332, 262 S.E.2d 604 (1979); Grimsley v. Twiggs County, 249 Ga. 632, 292 S.E.2d 675 (1982); Cramer v. Spalding County, 261 Ga. 570, 409 S.E.2d 30 (1991).
OPINIONS OF THE ATTORNEY GENERAL
Equal treatment amongst judges for support services.
- Fulton County's obligation to accord equal treatment to all superior court judges of the Atlanta Judicial Circuit is applicable to all county funded support services, including staffing (e.g., law clerks, secretaries, court reporters, case managers and the like) and the operating budget required for a superior court judge to properly perform his or her constitutional and statutory duties. 2002 Op. Att'y Gen. No. U2002-6.
Establishment of special master for divorce settlement improper.
- Establishing a special master, employed by the court to hear evidence in a divorce settlement and paid from court funds, is not permissible in view of the mechanisms capable of handling this type of problem already in place under O.C.G.A. § 9-7-2 and in view of the lack of a specific statutory basis for such an expense of court under O.C.G.A. § 15-6-24. 1984 Op. Att'y Gen. U84-19.
Expenditure for presentence psychological evaluations.- Superior court may order psychological evaluations of criminal defendants prior to sentencing and at county expense. 1985 Op. Att'y Gen. No. U85-29.
Expenditure for interpreter for indigent criminal defendant.- When the superior court exercises the court's discretion to appoint an interpreter for an indigent criminal defendant who neither speaks nor understands English, the court has the inherent power to assess the cost of the interpreter against the county. 1989 Op. Att'y Gen. No. U89-24.