Payment of Attorney in Event of Conflict of Interest in Capital Cases; Number of Attorneys Appointed; County Governing Authority's Financial Responsibility; Expenses

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Legal Defense for Indigents
  5. Georgia Public Defender Council
  6. Payment of Attorney in Event of Conflict of Interest in Capital Cases; Number of Attorneys Appointed; County Governing Authority's Financial Responsibility; Expenses

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  1. If there is a conflict of interest such that the Georgia capital defender division is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the director shall determine and appoint counsel to represent the defendant. The director shall establish the contractual agreement with the defendant's counsel for payment of representing the defendant, and, when feasible and prudent, a flat fee structure shall be utilized.
  2. A maximum of two attorneys shall be paid by the council pursuant to a contractual agreement or at an hourly rate established by the council with state funds appropriated to the council. State funds shall be appropriated to the council for use by the Georgia capital defender division for the first $150,000.00 paid for each death penalty case. Funding for attorney's fees and expenses between $150,000.01 and $250,000.00 for each death penalty case shall be paid through state appropriations for 75 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 25 percent of such attorney's fees and expenses. Funding for all attorney's fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 50 percent of such attorney's fees and expenses.
  3. The council, with the assistance of the Georgia capital defender division, shall establish guidelines for all expense requests for cases in which the death penalty is sought, including, but not limited to, attorney's fees, expert witness fees, investigative fees, travel and accommodation expenses, and copy and transcription costs.
  4. A county governing authority may provide supplemental compensation to counsel appointed pursuant to this Code section.

(Code 1981, §17-12-12.1, enacted by Ga. L. 2008, p. 846, § 27/HB 1245.)

Law reviews.

- For note suggesting attorney's due process right to be compensated for representing an indigent, see 16 Mercer L. Rev. 367 (1964).

JUDICIAL DECISIONS

Constitutionality.

- Because appointment of counsel to represent a defendant in a death penalty case occurred before the statute's effective date, the application of former O.C.G.A. § 17-12-127(b) regarding payment of costs and attorney's fees by the Georgia Public Defender Standards Council did not violate the prohibition on the state's assumption of prior debts as set forth in Ga. Const. 1983, Art. VII, Sec. IV, Para. X. Ga. Pub. Defender Stds. Council v. State, 285 Ga. 169, 675 S.E.2d 25 (2009).

County was not responsible to pay portion of costs that were not ordinarily incurred in a courtroom proceeding. Fulton County v. State, 282 Ga. 570, 651 S.E.2d 679 (2007).

County was responsible to pay fees and costs.

- Georgia Public Defender Standards Council was required to pay attorney's fees and expenses in a death penalty case to appointed counsel pursuant to former O.C.G.A. § 17-12-127(b) because nothing in former O.C.G.A. § 17-12-124 required that the Council fund representation only for defendants who were indicted or sent a death penalty notice after a certain date and counsel were appointed after the effective date of former § 17-12-127(b). Ga. Pub. Defender Stds. Council v. State, 285 Ga. 169, 675 S.E.2d 25 (2009).

Cited in Putnal v. State, 303 Ga. 569, 814 S.E.2d 307 (2018).

OPINIONS OF THE ATTORNEY GENERAL

Compensation for appellate representation.

- Former Georgia Criminal Justice Act authorized compensation of attorneys for representation of indigents in appellate proceedings. 1971 Op. Att'y Gen. No. U71-96 (decided under former Ga. L. 1968, p. 999, § 4).

RESEARCH REFERENCES

ALR.

- Lien of attorney on public fund or property, 24 A.L.R. 933.

Adjustment or determination of compensation of discharged attorney as condition of substitution of attorney by court order, 124 A.L.R. 725.

Construction of state statutes providing for compensation of attorney for services under appointment by court in defending indigent accused, 18 A.L.R.3d 1074.

Right of court-appointed attorney to contract with his indigent client for fee, 43 A.L.R.3d 1426.

Amount of attorneys' compensation in absence of contract or statute fixing amount, 57 A.L.R.3d 475.


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