Title 17, Chapter 12, Section 7
( 17-12-7)
(a) In addition to the arrangements authorized under Code Section 17-12-4, the superior court of a county, with the concurrence of the county governing authority, may establish and maintain an office of public defender to provide indigent persons with the representation contemplated under this article. (b) If an office of public defender is established for a county, the
superior court of that county shall appoint a person to serve as
public defender for a term of two years. The public defender must be
licensed to practice law in this state and must be competent to
counsel and defend a person charged with a crime. During his
incumbency the public defender may not engage in the practice of
criminal law other than in the discharge of the duties of his office
unless he is approved in writing to practice criminal law by the
senior judge of the superior court of his judicial circuit. The
superior court, with the concurrence of the county governing
authority, shall determine whether the public defender is to be
employed on a full-time or a part-time basis and shall determine his
compensation. (c) If an office of public defender is established, the public
defender may employ, in the manner and at the compensation
prescribed by the superior court and concurred in by the county
governing authority, as many assistant public defenders, clerks,
investigators, stenographers, and other persons as may be necessary
for carrying out his responsibilities under this article. A person
employed under this subsection serves at the pleasure of the public
defender, unless his position is under a civil service system in
which he may be removed only for cause. (d) If an office of public defender is established, the county
governing authority shall provide appropriate facilities, including
office space, furniture, equipment, books, postage, supplies, and
interviewing facilities in the jail, necessary for carrying out the
public defender's responsibilities under this article or shall grant
the public defender an allowance in place of such facilities. (e) If an office of public defender is established, his
compensation, expenses and allowances, and the expense necessary to
establish, maintain, and support his office shall be paid by the
county governing authority out of public funds available for the
operation of the courts in the county. (f) The superior court of a circuit, with the concurrence of the
county governing authority of two or more counties within the same
circuit, may establish and maintain a joint office of public
defender under this Code section; or a single governing authority
may contract with a public defender of another county within the
same circuit for the services of his office to serve as the public
defender, provided the superior court of the circuit and the
governing authority of the county concur in the contract. |