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GA: Indigent defense budgetary concerns do not obviate state's duty to pay conflict defenders

By John Wesley Hall, Jr.

Lawyers appointed to represent an indigent accused as conflict defenders were not paid under the trial court's order. The state contended the county should pay. The State's funding problems and budgetary concerns do not obviate that the lawyers be paid. Georgia Public Defender Standards Council v. State, S09A0379 (Ga. March 9, 2009): Accordingly, both the statutory language of the Act and its underlying policy compel the conclusion that, in this case, the Council is responsible for payment of indigent defense costs pursuant to former OCGA § 17-12-127(b). The indigent defense budgetary considerations raised by the Council do not constitute a proper policy matter for this Court. Moreover, the Council has not shown how those considerations would weigh in favor of its interpretation of former OCGA § 17-12-127(b), because whoever must fund indigent defense in particular death penalty cases, whether it be the individual county or the State acting through the Council, will be required to consider the potential for retrials in budgeting for the appointment of counsel for indigent defendants.continue to full post

Full post as published by Law Of Criminal Defense on March 11, 2009 (boomark / email).