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Georgia State Code
Title      17
Chapter      12  
Section Navigation     1 ... 10         11 ... 35    
    36 ... 44         45 ... 62    
      70 ... 96     97      
Section<<< 70 71 72 90 91 92 93 94 95 96 >>>  
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.

Monday October 6 08:24 CDT


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