Salary of Public Defender; Private Practice Prohibited

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Legal Defense for Indigents
  5. Public Defenders
  6. Salary of Public Defender; Private Practice Prohibited

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  1. Each circuit public defender shall receive an annual salary of $99,526.00, and cost-of-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees as defined by Code Section 45-20-2 are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. Each circuit public defender may also be entitled to an accountability court salary supplement as set forth in Code Section 17-12-25.1.
  2. The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater.
  3. No circuit public defender shall engage in the private practice of law for profit or serve concurrently in any judicial office.

(Code 1981, §17-12-25, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2004, Ex. Sess., p. ES3, § 18/HB 1EX; Ga. L. 2008, p. 846, § 32/HB 1245; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-18/HB 642; Ga. L. 2015, p. 919, § 1-7/HB 279.)

Editor's notes.

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

Ga. L. 2015, p. 919, § 4-1(b)/HB 279, not codified by the General Assembly, provides that: "(b)(1) Part I of this Act shall become effective only if funds are appropriated for purposes of Part I of this Act in an appropriations Act enacted at the 2015 regular session of the General Assembly.

"(2) If funds are so appropriated, then Part I of this Act shall become effective on July 1, 2015, for purposes of making the initial appointments of the Court of Appeals Judges created by Part I of this Act, and for all other purposes, Part I of this Act shall become effective on January 1, 2016.

"(3) If funds are not so appropriated, then Part I of this Act shall not become effective and shall stand repealed on July 1, 2015."

Funds were appropriated at the 2015 session of the General Assembly.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, T. 27, C. 32 and former O.C.G.A. § 17-12-5 are included in the annotations for this Code Section.

Additional compensation when representation protracted.

- Local rule authorizing a trial judge to approve compensation in addition to a fee schedule if there was protracted representation due to extraordinary circumstances was consistent with the former Georgia Criminal Justice Act. Dickens v. State, 147 Ga. App. 25, 248 S.E.2d 36 (1978).

Attorney applying for appointment under former O.C.G.A. §§ 17-12-60 and17-12-61 was not precluded from seeking compensation. In re Whatley, 256 Ga. 289, 347 S.E.2d 602 (1986) (decided under former O.C.G.A. § 17-12-5).

In appealing compensation, mandamus is proper remedy.

- Proper remedy for appointed counsel to pursue in appealing compensation for a criminal case is mandamus against the governing authority of the county. Davis v. Bomar, 123 Ga. App. 493, 181 S.E.2d 509 (1971) (decided under former Code 1933, Ch. 32, T. 27).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1968, p. 999, § 6, are included in the annotations for this Code Section.

Public defender may practice private civil law, but not private criminal law. 1974 Op. Att'y Gen. No. U74-60 (decided under Ga. L. 1968, p. 999, § 6).

Judge of the recorder's court was engaged in the practice of criminal law for the purposes of the former provisions. 1973 Op. Att'y Gen. No. U73-120 (decided under Ga. L. 1968, p. 999, § 6).


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