House Bill 770, “the Georgia Indigent Defense Act of 2003,” passed both houses of the Georgia General Assembly on the final day of the legislative session. The bill passed in the form of a conference committee report. Initially, the Senate and House both dropped legislation in two very different forms. The Senate in Senate Bill 102, sponsored by Senator Chuck Clay called for a fully funded State-wide Public Defender system with a wide opt-out provision for circuits that qualified, the House’s original version sponsored by Speaker of the House Terry Coleman, would have implemented a circuit-wide Elected Public Defender system, similar to the District Attorneys.

In the end, both houses compromised on a bill that includes the following changes to Georgia’s current indigent defense system. The bill creates the Georgia Public Defender Standards Council. The Commission will be comprised of 11 members with the Governor, Lieutenant Governor, Speaker of the House, Chief Justice of the Supreme Court, and Chief Judge of the Court of Appeals appointing two members each to serve four-year terms. The eleventh member will be a circuit public defender initially appointed by the Supreme Court, then appointed by the circuit public defenders to serve one-year terms. The new board will be appointed July 1, 2003.

On December 31, 2003 the Georgia Indigent Defense Council will transfer its assets, resources, and employees to the new Georgia Public Defender Standards Council.

Effective January 1, 2005 each of Georgia’s 49 circuits will have a circuit-wide public defender office. Single circuit counties may apply to the council to opt-out of the system if they meet certain requirements. They must apply to opt-out by September 1, 2004. Their system must have been in operation for at least two years, they must meet all of the minimum standards set by the council and the local government must be willing to completely fund the system if they chose to opt-out. If a circuit public defender system does not opt-out, the State of Georgia will fund all personnel and various other expenses (expert witnesses, etc.) for indigent cases in superior courts and in all juvenile delinquency cases. Local governments will have to fund all associated operating expenses for these courts. Other courts, including state, probate, magistrate, municipal, & recorders courts must meet the council’s guidelines and may contract with the circuit public defender office for services if they chose using local funds.

Some other points of interest include the change to the Multi-County Public Defender’s Office. This is the office that tries cases involving the death penalty throughout the state. On January 1, 2005 this office will be renamed the Office of the Georgia Capital Defender and, pending availability of funds, will take every case involving the death penalty in Georgia. The Office of the Mental Health Advocate also has its own enabling legislation which allows them to directly represent and assist on cases involving NGRI. Please direct any specific questions regarding the bill to Sarah Smith Haskin or Cindy Wang.