HB 1245 deals with courts and legal defense for indigents. It addresses the issues of funding, budgeting, and the organization of providing indigent defense. HB 1245 provides that a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed, unless the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status. Provisions dealing with the remittance of funds were changed so that funds are to be remitted to the Georgia Superior Court Clerks’ Cooperative Authority rather than the Georgia Public Defender Standards Council. The bill raises the bond fee to the lesser of $100 or 10% of the original amount of bail or bond plus the lesser of an additional $100 or 10% of the original amount of bail or bond. 

This bill amends Code Section 15-21-179 (Joshua’s Law), relating to additional fee penalties for violation of traffic laws. The sunset provision in Joshua’s Law was extended to June 30, 2013.

HB 1245 changes the definition of an indigent changing the earning requirement from 125% of the federal poverty guidelines to 100%. It changes the definition of a juvenile indigent to mean an individual whose parents earn less than 125 % of the federal poverty guidelines unless there is evidence that the juvenile or their parents have other resources that might reasonably be used to employ a lawyer without undue hardship.

Provisions were changed relating to the Georgia Public Defender Standards Council so that on or after July 1, 2008, the Lieutenant Governor and the Speaker of the House will be responsible for appointing members to the council instead of the Chief Justice of the Supreme Court and the Chief Judge of the Court of Appeals. The Director of the Georgia Public Defender Standards Council will now serve at the pleasure of the Governor instead of the Council. 

A mental health advocacy division and the Georgia capital defender division are to be established by, and report to, the director of the Georgia Public Defender Standards Council. The bill appoints the mental health advocacy division as the successor to the office of mental health advocacy and transfers the powers and duties. 

The length of time in which entitlement to the services of council begins was changed from 72 hours to three business days after the indigent person is taken into custody or service is made upon them of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed. Any assistant public defender or other attorney employed full time by the circuit public defender who is compensated by state funds shall not engage in the private practice of law for profit or serve concurrently in any judicial office. 

Funding for attorney’s fees and expenses between $150,000.01 and $250,000.00 for each death penalty case shall be paid through state appropriations for 75 percent of such attorney’s fees and expenses, and the county governing authority shall pay 25 percent of such attorney’s fees and expenses. Funding for all attorney’s fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorney’s fees and expenses, and the county governing authority shall pay 50 percent of such attorney’s fees and expenses. In order to retain funding, a governing authority shall verify that the applicant qualifies as an indigent person.