Appointment of Investigator; Role and Responsibilities; Compensation; Promotions

  1. Law
  2. Georgia Code
  3. Criminal Procedure
  4. Legal Defense for Indigents
  5. Public Defenders
  6. Appointment of Investigator; Role and Responsibilities; Compensation; Promotions

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  1. Subject to the provisions of this Code section, the circuit public defender in each judicial circuit is authorized to appoint one investigator to assist the circuit public defender in the performance of his or her official duties in the preparation of cases for trial. Subject to funds being appropriated by the General Assembly or otherwise available, the circuit public defender in each judicial circuit may appoint additional investigators as may be authorized by the council. In authorizing additional investigators, the council shall consider the caseload, present staff, and resources available to each circuit public defender and shall make authorizations as will contribute to the efficiency of individual circuit public defenders and the effectiveness of circuit public defenders throughout the state in providing adequate legal defense for indigent defendants.
  2. An investigator appointed pursuant to this Code section shall be not less than 21 years of age and shall serve at the pleasure of the circuit public defender.
  3. An investigator appointed pursuant to this Code section shall:
    1. Assist the attorneys within the office of the circuit public defender in the preparation of cases for preliminary hearings, pretrial hearings, and trial; and
    2. Perform other duties as are required by the circuit public defender.
  4. Each investigator appointed pursuant to this Code section shall be compensated based on a salary range established pursuant to Code Section 17-12-30. The salary range for the investigator appointed pursuant to this Code section shall be not less than $30,828.00 nor more than 70 percent of the compensation of the circuit public defender from state funds.
    1. Except as otherwise provided in this subsection, an investigator appointed pursuant to this Code section shall be appointed initially to the entry grade of the job on the state-wide pay ranges.
    2. Any person who is employed in a nonstate paid investigator's position within the office of the circuit public defender may be transferred to a state paid position. Such transfer shall be to the job and salary range commensurate with the education and experience of the employee.
    3. Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service may be appointed to an annual salary at least equal to the annual salary the person received on the last day of employment immediately preceding said appointment.
    4. Any person who was a certified peace officer employed on a full-time basis by this state, the United States or any of the several states, or a political subdivision or authority thereof may be appointed to the salary that gives the officer credit for experience as a full-time certified peace officer.
  6. Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties.

(Code 1981, §17-12-28, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2004, p. 631, § 17; Ga. L. 2004, Ex. Sess., p. ES3, § 21/HB 1EX; Ga. L. 2008, p. 846, § 34/HB 1245.)

RESEARCH REFERENCES

ALR.

- Right of indigent defendant in state criminal case to assistance of investigators, 81 A.L.R.4th 259.


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