Appointment of Counsel; Payment of Costs and Expenses

  1. Law
  2. Georgia Code
  3. Evidence
  4. Securing Attendance of Witnesses and Production and Preservation of Evidence
  5. Depositions to Preserve Testimony in Criminal Proceedings
  6. Appointment of Counsel; Payment of Costs and Expenses

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  1. If an accused is financially unable to employ counsel, the court shall appoint counsel as provided in Chapter 12 of Title 17, unless the accused elects to proceed without counsel.
  2. Whenever a deposition is taken at the instance of the state, the cost of any such deposition shall be paid by the state in the same manner as any other motion hearing that may appear on the criminal calendar.
  3. Depositions taken at the instance of an accused shall be paid for by the accused; provided, however, that, whenever a deposition is taken at the instance of an accused who is eligible for the appointment of counsel as provided in Chapter 12 of Title 17, the court shall direct that the reasonable expenses for the taking of the deposition and of travel and subsistence of the accused and the accused's attorney for attendance at the examination, not to exceed the limits established pursuant to Article 2 of Chapter 7 of Title 45, be paid for out of the fine and bond forfeiture fund of the county where venue is laid.

(Code 1981, §24-13-132, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2015, p. 693, § 3-33/HB 233; Ga. L. 2019, p. 845, § 5-1/HB 239.)

The 2015 amendment, effective July 1, 2015, substituted "fine and bond forfeiture fund" for "fine and forfeiture fund" near the end of subsection (c). See Editor's notes for applicability.

The 2019 amendment, effective May 7, 2019, substituted "in the same manner as any other motion hearing that may appear on the criminal calendar" for "by the Prosecuting Attorneys' Council of the State of Georgia out of such funds as may be appropriated for the operations of the district attorneys" in the middle of subsection (b).

Editor's notes.

- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).


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