Title 17, Chapter 12, Section 38
( 17-12-38)
(a) Each local tripartite governing committee shall propose a plan
for the establishment of a state funded local indigent defense
program and shall submit the plan to the Georgia Indigent Defense
Council for funding. (b) After approval of the plan by the Georgia Indigent Defense
Council, the committee shall implement and manage the local program
within the guidelines approved and promulgated by the Supreme Court. (c) The plan proposed by the local committee shall comply with the
guidelines approved and promulgated by the Supreme Court and shall
provide for: (1) The independence of counsel; (2) Reasonable early entry by counsel into a case; (3) A procedure to determine whether or not persons seeking
assistance are eligible as indigents; (4) A procedure for determining that attorneys representing
indigents are competent in the practice of criminal law; and (5) A rate of compensation and schedule of allowable expenses to
be paid for indigent defense services. (d) The Georgia Indigent Defense Council shall include in its
response to a proposal from a local tripartite governing committee a
budget statement which specifies the maximum cost to the county or
counties participating in operating the proposed program, such
budget to be made binding by contract between the council and the
county or counties participating, upon acceptance by the county or
counties. (e) Each committee shall meet at least semiannually and at such
other times and places as it deems necessary or convenient to
perform its duties. Each committee shall annually elect a chairman
and such other officers as it deems necessary and shall adopt such
rules for the transaction of its business as it desires. The members
of the committee shall receive no compensation for their services
but shall be reimbursed for their actual expenses incurred in the
performance of their duties as members of a committee. Reimbursement
shall be paid from funds made available to the local program for
that purpose. |