Title 17, Chapter 12, Section 34
( 17-12-34)
(a) The Georgia Indigent Defense Council may employ such staff,
professional, administrative, and otherwise, as it deems necessary
to carry out its responsibilities under this article and may provide
compensation and expenses for the staff from funds appropriated to
or otherwise available to the council. (b) Funds provided the council may not be used to employ an attorney
or attorneys to appear in court in behalf of criminal defendants in
any jurisdiction unless the local tripartite committee requests such
representation; provided, however: (1) That, if local counsel certifies to the tripartite committee
that additional counsel is needed in order to preserve effectively
the Sixth Amendment rights of the defendant, such request should
be compassionately considered and granted if it appears to be in
the interest of substantial justice; or (2) That if no tripartite committee exists or the tripartite
committee's indigent defense plan does not substantially comply
with this article or the council's guidelines, and if the majority
of the superior court judges of the circuit, including the chief
judge of the circuit, request assistance of the council, the
council in its sole discretion may develop and administer a
program for the provision of representation to indigents, which is
funded by or through it. (c) Office space, furniture, equipment, books, postage, supplies,
salaries, normal operating costs and overhead, and such other items
of expense as are necessary to carry out the purposes of this
article may be paid for from funds appropriated to or otherwise
available to the council. |