Title 17, Chapter 12, Section 71
( 17-12-71)
(a) In all counties of this state having a population of 550,000 or
more according to the United States decennial census of 1980 or any
future such census in which there has been established an office of
public defender for the county and in which there has been
established a position of county manager, there shall be established
a nominating committee whose duty shall be to interview those
persons licensed to practice law in this state and who are competent
to counsel and defend a person charged with a crime and who have
expressed an interest in filling a vacancy or anticipated vacancy of
the position of public defender of said county. This committee
shall be further empowered to interview persons other than those who
have expressed an interest in such office but shall not nominate
such other person without such person's consent. (b)(1) This committee shall consist of a representative selected
by each of the associations existing at the time this article
becomes effective in such county and whose members are made up of
those individuals who are licensed to practice law in this state
and whose practice is primarily in the courts which have been
established by this state in said county. In addition, if any one
of such association's membership equals or exceeds the combined
membership of the other such county associations, then the
chairman of the criminal law section of that association shall
also be a member of this committee. (2) The Georgia Association of Criminal Defense Lawyers shall also
appoint one of its members to serve on this committee. Such
appointee shall be a resident of the county and be an attorney
whose practice is primarily in the courts established by the State
of Georgia in such county. (c) The committee so established shall, after conducting the
interviews, send to the county manager of such county the names of
those three attorneys whom it deems to be the best qualified.
Thereafter, this committee shall make itself available, upon the
request of the person appointed as public defender, to advise and
assist in any matters pertaining to the operation of the office of
public defender. (d) The county manager may, in his discretion, interview the three
nominees and shall appoint one of said nominees to serve as public
defender for said county for a term of four years. The term of
office of the initial public defender appointed pursuant to this
article shall begin January 1, 1985. (e) The person so appointed must be licensed to practice law in this
state. 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. (f) The public defender so appointed shall employ at the
compensation authorized by the county governing authority as many
assistant public defenders, clerks, investigators, stenographers,
and other persons as may be necessary for carrying out the
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.
(g) 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. (h) If an office of public defender is or has been established, the
compensation, expenses, and allowances and the expense necessary to
establish, maintain, and support the office shall be paid by the
county governing authority out of public funds available for the
operation of the courts in the county. (i) This article expressly recognizes the inherent power of the
court to appoint counsel to represent indigent defendants and to
order compensation, reimbursement, or advancement from county funds
in individual cases as the proper administration of justice may
require. (j) Members of the county governing authority and administrative
personnel, while acting in such capacity, shall be immune from legal
actions arising from any actions in relation to the implementation
and carrying out of the purposes of this article. |