Ga. Unif. R. Mag. Ct. 26
This rule is promulgated pursuant to OCGA.'17-12-4 in order to provide indigent persons with competent legal counsel in criminal proceedings.
When an accused person, contending to be financially unable to employ an attorney to defend against pending criminal charges or to appeal a conviction, desires to have an attorney appointed, the accused shall make a request in the form of an application for appointment of counsel and certificate of financial resources, made under oath and signed by the accused. This form shall contain information as to the accused's assets, liabilities, employment, earnings, other income, number and ages of dependents, the charges against the accused and such other information as shall be required by the court. The purpose of the application and certification is to provide the court or its designee with sufficient information from which to determine the financial ability of the accused to employ counsel.
Upon a determination of indigency the court shall, in writing, authorize the appointment of counsel for the indigent accused. The original authorization of appointment shall be filed with the clerk of court; a copy of the authorization shall be forwarded to the clerk, court administrator, public defender or such other person designated by the court to assign an attorney to an indigent defendant. Such person shall notify the accused, the appointed attorney, the sheriff and the prosecuting attorney of the appointment. The application for an attorney and certificate of financial resources shall be in substantially the following form:
| IN THE MAGISTRATE COURT OF __________________________ COUNTY | ||
| STATE OF GEORGIA | ||
| STATE OF GEORGIA | CASE NO. _______ | |
| v. _____________ | CHARGE(S): _____ | |
| APPLICATION FOR APPOINTMENT OF COUNSEL AND | ||
| CERTIFICATE OF FINANCIAL RESOURCES | ||
I am the defendant in the above-styled action. I cannot afford to hire a lawyer to assist me. I want the court to provide me with a lawyer. I understand that I am providing the following information in order for the court to determine my eligibility for a court-appointed lawyer to defend me on the above charges.
In jail ____ Out on bond ____ Arrest Date ___________
Birth date ______ Age ____ Soc. Sec. No. _______________________________
Highest grade in school completed ______________________________________
If yes, by whom ____________ Spouse's net income ____________ (week)
I have read (had read to me) the above questions and answers and they are correct and true.
The undersigned swears that the information given herein is true and correct and understands thata false answer to any item may result in a charge of perjury.
The ______ day of ____________, 20_.
_________________________
Defendant's Signature
Sworn to and subscribed before me this ______ day of ____________, 20_.
Notary PublicMy Commission Expires ______
ORDER
Having considered the above matter, it is the finding of this court that the above-named defendant is/is not indigent under criteria of the Georgia Criminal Justice Act and appropriate court rules and is/is not entitled to have appointed counsel.
It is ordered that the clerk, panel administrator, or court administrator assign an attorney practicing in this county to represent the defendant in the above case.
Let the defendant and the assigned attorney be notified hereof and furnished a copy of this application and order.
This ______ day of ____________, 20_.
Magistrate Court Judge__________ County
The financial eligibility of a person for publicly provided counsel should be determined by the court. The court may appoint counsel in cases where the defendant does not qualify and cannot be provided counsel under provisions of the above.
Income eligibility - Eligible accused persons include all applicants for an attorney with net income below a level set by the court as revised periodically.
The following special needs of a family unit may be deducted from net income in determining eligibility:
"Net income" shall include only a client's take-home pay, which is the gross income earned by a client minus those deductions required by law or as a condition of employment.
"Family unit" includes the defendant, a spouse, if the couple lives together, any minors who are unemployed and unmarried, and any infirm or permanently disabled person living with the defendant and for whom the defendant has assumed financial responsibility. The income of a minor who is attending school full time, but has after-school employment or does odd jobs, shall not be attributed to that of the family unit. No other persons, even if living within the same household, will be deemed members of the family unit.
In the event an accused person is discovered to have been ineligible at the time of the appointment of an attorney, the court shall be notified. The court may discharge the appointed attorney and refer the matter to the private bar. The attorney should be paid for the time spent on the case and recoupment sought from the ineligible person.
Regardless of the prima facie eligibility on the basis of income, a person who has sufficient assets that are easily converted to cash by sale or mortgage may not be qualified for representation.
The court may appoint counsel for representation for any accused person who is unable to obtain counsel due to special circumstances such as emergency, hardship, or documented refusal of the case by members of the private bar because of financial inability to pay for counsel.
If the accused is determined to be eligible for defense services in accordance with approved financial eligibility criteria and procedures, and if, at the time that the determination is made, the accused is able to provide a cash contribution to offset defense costs without imposing a substantial financial hardship either personally or upon dependents, such contribution may be required as a condition of continued representation at public expense. The court should determine the amount to be contributed. The contribution shall be paid directly to the fund for indigent defense of the affected county.
The court shall, whenever practicable, use an available public defender system, legal aid and defender society, agency for indigent defense, a panel of private attorneys, a combination of the above, or other existing means, to provide adequate legal defense for indigents as required by these rules and the laws of this State.
Ga. Unif. R. Mag. Ct. 26