Title 17, Chapter 12, Section 61
( 17-12-61)
(a) In any capital felony case where there has been a conviction and
a defendant desires to appeal to the Georgia Supreme Court and it
appears to the presiding judge of the superior court that the
defendant is indigent and unable to obtain an attorney to prosecute
his appeal, the court shall: (1) Where the defendant has been represented by an attorney appointed under Code Section 17-12-60, authorize the attorney to prosecute the appeal; or (2) Where the defendant has not been previously represented by an attorney appointed under Code Section 17-12-60, appoint an attorney or attorneys to prosecute the appeal. (b) Where an appeal is filed through an attorney or attorneys
appointed under this Code section to prosecute the appeal, the
Supreme Court or the Chief or Presiding Justice thereof shall
determine what reasonable compensation, if any, shall be allowed to
the attorney or attorneys for services rendered in the case, not to
exceed $250.00, plus all reasonable and necessary expenses incurred
in the prosecution of the appeal, provided that expenses shall not
exceed $500.00. If the court is satisfied that the appeal was made
in good faith and upon reasonable grounds, it shall certify the
amount to the state auditor, who shall thereupon draw a warrant for
the certified amount on the director of the Office of Treasury and
Fiscal Services, in favor of the person to whom such amount is due,
and the director shall thereupon make payment to the attorney or
attorneys. The attorney or attorneys prosecuting the appeal shall
file, along with the notice of appeal in the case, an affidavit,
which shall become a part of the record of the case and shall
contain a statement by the attorney or attorneys that the appeal is
being sought in good faith and upon reasonable grounds. (c) The attorney or attorneys appointed under this Code section
shall also file with the court an affidavit containing a statement
of all services rendered and expenses paid or incurred in the
prosecution of the appeal, which statement shall be examined and
approved by the court or the Chief or Presiding Justice thereof
prior to the awarding of compensation and expenses in the case. |