Bill Text: GA HB238 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Legal defense for indigents; powers and duties of council; change provisions

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2011-07-01 - Effective Date [HB238 Detail]

Download: Georgia-2011-HB238-Introduced.html

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11 LC 29 4537

House Bill 238

By: Representatives Golick of the 34th, Lindsey of the 54th, Hatfield of the 177th, Willard of the 49th, Ramsey of the 72nd, and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, so as to change certain provisions relative to the powers and duties of the council; to change certain provisions relating to the director and the director's responsibilities; to change provisions relating to councilmembers' responsibilities; to provide for the director to appoint circuit public defenders; to change certain annual reporting requirements; to repeal an obsolete effective date Code section; to change provisions relating to the circuit public defender supervisory panel; to change provisions relating to appointing attorneys in conflict of interest cases; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising subsection (a) of Code Section 17-12-4, relating to the authority of the Georgia Public Defender Standards Council, as follows:

"(a) The council:

(1) Shall be a legal entity;

(2) Shall have perpetual existence;

(3) May contract;

(4) May own property;

(5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes;

(6) May adopt and use an official seal; and

(7) May establish a principal office;

(8) May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and

(9) Shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes."

SECTION 2.

Said title is further amended by revising subsections (a) and (d) of Code Section 17-12-5, relating to the director and the director's responsibilities, as follows:

"(a) To be eligible for appointment as the director, a candidate shall be a member in good standing of the State Bar of Georgia with at least seven years' experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The director shall be both appointed and removed by the council, subject to the approval of the Governor and shall serve at the pleasure of the Governor."

"(d) The director shall:

(1) Prepare and submit to the council a proposed budget for the council. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require;

(2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval;

(3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council;

(4) Maintain proper records of all financial transactions related to the operation of the council;

(5) At the director's discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests;

(6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services;

(7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter;

(8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director;

(9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources;

(10) Hire, with the pending approval of the council, a mental health advocate who shall serve as director of the division of the office of mental health advocacy;

(11) Hire, with the pending approval of the council, the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; and

(12) Hire each circuit public defender, who shall serve at the pleasure of the director, and evaluate Evaluate each circuit public defender's job performance and communicate his or her findings to the council; and

(13) Perform other duties as the council may assign."

SECTION 3.

Said chapter is further amended by revising subsection (d) of Code Section 17-12-7, relating to councilmembers and responsibilities, as follows:

"(d) Unless otherwise provided in this article, a quorum shall be a majority of the members of the council who are then in office, and decisions of the council shall be by majority vote of the members present, except that a majority of the entire council must shall be required to approve the appointment or removal of the chairperson for cause or removal of a circuit public defender for cause pursuant to Code Section 17-12-20 and for annual approval of an alternative delivery system pursuant to Code Section 17-12-36 and other matters as set forth in Code Section 17-12-36. The vote of two-thirds of the members of the entire council shall be required to remove the chairperson of the council without cause or to overturn the director's decision regarding the removal of a circuit public defender."

SECTION 4.

Said chapter is further amended by revising subsection (c) of Code Section 17-12-10, relating to annual reporting, as follows:

"(c) The council shall prepare annually a report in order to provide the General Assembly, the Supreme Court, and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized."

SECTION 5.

Said chapter is further amended by revising subsection (f) of Code Section 17-12-10.1, relating to the legislative oversight committee, as follows:

"(f) The legislative oversight committee shall make an annual report of its activities and findings to the membership of the General Assembly, the Chief Justice of the Supreme Court, and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of such committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year."

SECTION 6.

Said chapter is further amended by repealing Code Section 17-12-13, relating to the effective date of the article, which reads as follows:

"17-12-13.

This article shall become effective on December 31, 2003, except as specified in Code Section 17-12-3."

SECTION 7.

Said chapter is further amended by revising Code Section 17-12-20, relating to the public defender selection panel for each circuit and the appointment of the circuit public defender, as follows:

"17-12-20.

(a) On and after July 1, 2008 2011, there is created in each judicial circuit in this state a circuit public defender supervisory panel to be composed of seven three members, all of whom shall be attorneys who regularly practice in that particular judicial circuit. The Lieutenant Governor, the Speaker of the House of Representatives, and the chief judge of the superior court of the circuit shall each appoint one member. The Governor shall appoint four members, two of which shall be members of the governing authority of the counties within the judicial circuit for which such member is appointed to serve. A member of a governing authority shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the panel. Other than the county commissioner, members one member. In a single county judicial circuit, the chairperson of the governing authority shall appoint one member; in multicounty judicial circuits, the chairpersons of the governing authorities shall caucus and appoint one member. Members of the circuit public defender supervisory panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. A prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys' Council of the State of Georgia shall not serve as a member of the circuit public defender supervisory panel after July 1, 2005. On and after July 1, 2008, no employees of the council shall serve as a member of the circuit public defender supervisory panel. Members of the circuit public defender supervisory panel shall reside in the judicial circuit in which they serve. The circuit public defender supervisory panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority.

(b)(1) By majority vote of its membership, the circuit public defender supervisory panel shall annually elect a chairperson and secretary and determine a quorum for the transaction of business. The chairperson shall conduct the meetings and deliberations of the panel and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. The panel may be called into session upon the direction of the chairperson or by the council.

(2) By majority vote of its membership, the circuit public defender supervisory panel shall appoint nominate three people to serve as the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January 1, 2005, for terms of up to four years. The initial appointments shall be for a term of up to four years. The director shall select the circuit public defender from the panel's list of nominees. A circuit public defender shall serve a term for up to four years and may be appointed for successive terms but shall not be reappointed if he or she was removed pursuant to subsection (c) of this Code section.

(c) A circuit public defender may be removed for cause by a majority vote of the council and may be removed without cause by a vote of two-thirds of the members of the entire council the director. If a circuit public defender wants to appeal such removal, he or she may appeal the decision to the council. By a vote of two-thirds of the members of the entire council, the council may overturn the director's decision. Any appeal regarding a removal request shall be submitted to the council within 15 days of the effective date of the removal, and the council shall take action in hearing the appeal at its next regularly scheduled meeting and take final action within 30 days thereafter. A circuit public defender who has been removed by the director who has filed an appeal with the council shall continue to serve as the circuit public defender until the council reaches a decision on the appeal.

(d) A circuit public defender supervisory panel may convene at any time during its circuit public defender's term of office and shall convene at least semiannually annually for purposes of reviewing the circuit public defender's job performance and the performance of the circuit public defender office. The council director and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and testimony. The chairperson shall determine the agenda for the semiannual annual review process, but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panel's findings regarding the job performance of the circuit public defender and his or her office to the council director on a form provided to the panel by the council director. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of their findings and remonstrative action by the council director. Such resolution shall specify the reason for such request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the council director within 15 days of the adoption of the resolution. The council director shall initiate action on the circuit public defender supervisory panel's resolution at its next regularly scheduled meeting and take final action within 60 30 days thereafter of receiving the resolution. The council director shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection.

(e) If a vacancy occurs for the position of circuit public defender, the chief judge of the superior court of the circuit director shall appoint an interim circuit public defender to serve until the circuit public defender supervisory panel director has appointed a replacement. The circuit public defender supervisory panel shall appoint nominate three people to serve as a replacement circuit public defender within three months of the occurring of the vacancy. The director shall select the replacement circuit public defender. The replacement circuit public defender shall not be any individual who has been removed by the council pursuant to subsection (c) of this Code section."

SECTION 8.

Said chapter is further amended by revising subsection (a) of Code Section 17-12-22, relating to the procedure for appointment of attorneys for indigent defendants in the event a public defender's office has a conflict of interest, as follows:

"(a) The council director shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. Such procedure may include, but shall not be limited to, the appointment of individual counsel on a case-by-case basis or the utilization of another circuit public defender office. Whatever procedure the council director establishes for each circuit's conflict of interest cases shall be adhered to by the circuit public defender office. It is the intent of the General Assembly that the council director consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest."

SECTION 9.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10.

All laws and parts of laws in conflict with this Act are repealed.