1-1. Purpose. The purpose of this document is to establish policy and procedure for the Indigent Defense Program in the Eastern Judicial, Chatham County, Georgia, effective January 1,1998.

1-2. Declaration of Policy: It is the policy of the local Indigent Defense System to provide for the constitutional guarantees of the right to counsel and equal access to the courts of Chatham County in all criminal cases in accordance with Article 2, State Funded Local Indigent Defense Programs of volume 15, Title 17. Criminal Procedures of the Official Code of Georgia Annotated and the operating rules contained within the Guidelines of the Georgia Indigent Defense Council as adopted by the Georgia Indigent Defense Council on August 7,1989, and approved by the Supreme Court of the State of Georgia.

1-3. Administration:

A. The local Indigent Defense Program shall be governed by a local governing committee of Nine (9) appointees, of which three (3) are appointed by the Judges of Superior Court, three (3) are appointed by the Savannah Bar Association, and three (3) are appointed by the Board of Commissioners. The local governing committee shall be constituted as defined in O.C.G.A. 17-12-30 et seq., and the Georgia Indigent Defense Guidelines.

B. The program, under the supervision of the local governing committee, will be administered by the Administrative Office of the Superior Court, and the authority for the daily operation of the Indigent Defense Program is delegated to the Director of Pretrial Services.

2-1. Method of Providing Counsel. The local governing committee has elected to provide Indigent Defense services through a panel of private attorneys.

2-2. Panel Attorney Program. The appointment of attorneys and the assignment of cases will be made as follows:

A. Appointment of private attorneys and the distribution of cases shall be made on an impartial basis through a rotational system;

B. The more difficult or complex cases shall be assigned to attorneys with sufficient levels of experience and competence to afford adequate representation;

C. The less experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision; and,

D. In cases in which the death penalty is being sought, only attorneys of sufficient experience, skill and competence to render effective assistance of counsel to the defendant shall be assigned to the case.

2-3. Qualifications for the Attorney Participation in Indigent Legal Defense. The requirements contained in paragraph D of Rule 8-104, Education Requirements and Exceptions of the State Bar Rules and Regulations, sets forth the litigation experience required for an attorney to act as sole or lead counsel in a criminal trial in the circuit. Attorneys who do not possess the litigation experience contained in Rule 8-104 will not be assigned misdemeanor cases and minor felonies until they obtain the necessary experience(see below):

Requirements to be upgraded;

Misdemeanor to Level 1 Felony - minimum of 20 misdemeanor cases and 2 jury trials as lead or co-counsel,

Level 1 Felony to Level 2 Felony - minimum of 10 level 1 felony cases and 2 level 1 felony trials as lead or co-counsel,

Level 2 Felony to Level 3 Felony - minimum of 20 level 2 felony cases and 5 level 2 felony jury trials as lead or co-counsel, and

Level 3 Felony to Level 4 Felony - minimum of 5 level 3 jury trials.

2-4. Construction and Conduct of Panel Attorneys. The local panel will be composed of volunteer attorneys who will be assigned cases. Standards of performance and conduct for these attorneys which are listed below shall include, but not be limited to the following;

A. A panel member must make contact with the defendant no later than 48 hours, or two working days after the assignment,

B. A panel member should represent his/her client at every stage of the legal proceeding,

C. A panel member should represent his/her client vigorously within the bounds of the law and ethical conduct,

D. A panel member should at all times perform his/her role as counsel independently, and

E. A panel member should responsibly manage and account for his/her time in rendering services under the program.

2-5. Fees in Excess of Maximum Authorized. If the billing submitted to the Court Administrators Office exceeds the maximum fee established in Appendix B, the attorney has the responsibility to indicate that he/she wishes the matter to be brought before the Tripartite Committee for an additional payment above the amount previously paid. These request for additional payment will be reviewed at least once a month. The initial request will be reviewed without the presence of the attorney as a decision will be made based upon the documentation alone. If a second request is made, the attorney will then be able to make a personal appearance to speak with the panel.

3-1. Appointment of Counsel. The Court Administrators Office shall within 72 hours of detention:

A. Advise detained criminal suspects of their right to an attorney and that if they cannot afford an attorney, one will be appointed for them if qualified;

B. Allow or assist criminal suspects claiming to be indigent to immediately complete an application for determination of indigency; and,

C. Appoint counsel for those who are found to be indigent.

3-2. Recovery of Payment for Legal Representation. Under Rule 29. Appointment of Counsel for Indigent Defendants of the Uniform Superior Court Rules, if the defendant is determined to be eligible for legal services, and he/she is able to provide a cash contribution towards the costs of his/her legal defense without imposing a substantial hardship upon the defendant(s), such contribution may be required as a condition of legal representation at the taxpayers expense. This contribution will be determined by the Court Administrators Office, and any defendant(s) who disagrees with the contribution can request a hearing before the court. Additionally, in accordance with the Georgia Indigent Defense Guidelines, any defendant who enters a nolo contendere, first offender, or guilty pleas, or is convicted, the court may impose, as a condition of probation, repayment of all or a portion of the countys cost of providing legal representation if it does not impose a substantial financial hardship on the defendant or dependants. This payment is to be made to Chatham County through the State Probation Department.

4-1. Criteria for Representation.

A. Effective and efficient representation shall be provided to all eligible criminal defendants whose level of income is below the standard set forth in section 4-5 of this publication.

B. Section 1.1 Nature of Cases and Proceedings for which Counsel Should be Provided of the Georgia Indigent Defense Guidelines states, "Counsel shall be provided to all persons eligible as herein defined whenever such a person is accused of a felony by indictment, accusation, warrant or warrantless arrest, or a misdemeanor, other than a traffic offense or violation of a municipal ordinance for which a person could be imprisoned under the State law of Georgia."

4-2. Cases Not Compensated For. Cases or proceedings which are not covered by or compensable under the system include the following: 1. Habeas Corpus actions; 2. Condemnation hearings; and 3. Civil actions.

4-3. Appointment of Counsel. Every attempt will be made to appoint legal counsel within 72 working hours of detention.

4-4. Determination/Notification of Representation.

A. The determination of whether a defendant is eligible for court appointed counsel is a function of the Pretrial Services Division of the Court Administrators Office under the criteria set forth in the Georgia Indigent Defense Guidelines. This criteria allows, or assists, a person claiming to be indigent and without counsel to immediately complete an application for the appointment of an attorney, and a certificate, of affidavit, of financial resources for a determination of indigency.

B. Once indigency is determined and counsel is appointed, Counsel, upon receiving notification of appointment, verbally, or in writing, MUST CONTACT THE DEFENDANT WITHIN TWO (2) WORKING DAYS, OR 48 HOURS.

4-5. Standards of Eligibility. Eligibility will be determined utilizing the guidelines which are contained in Section 1.5 Financial Eligibility of the Georgia Indigent Defense Guidelines as adopted August 7,1989. These financial guidelines are as follows:

For family units of more than 6, add $250.00 for each additional member.

The following special needs of a family unit may be deducted from net income in determining eligibility:

A. child care expenses for working custodial parents;

B. legally required support payments to dependents, including alimony for the support of a child/children;

C. unusual, excessive, or extraordinary medical or other expenses.

"Net Income" includes only a clients take home pay, which is the gross income earned by a client minus those deductions that are required by law or as a condition of employment. Further, a "family unit" includes the defendant, his/her spouse, if living together, any minors who are unemployed and unmarried, and any infirmed or permanently disabled person living with the defendant and for whom the defendant has assumed 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. Other persons, if living within the same household, may, if appropriate, be deemed members of the family unit.

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 if it would impose a substantial financial hardship to convert them to cash.

Counsel may be appointed for any person who is unable to obtain counsel due to special circumstances such as emergency, hardship, or documented refusal of the case by three (3) members of the private bar because of financial inability to pay for counsel.

5-1. Joint Appointment. In all criminal prosecutions involving more than one (1) defendant, or where separate charges arising out of the same or similar transactions are concurrently pending against two (2) or more defendants, separate counsel will normally be appointed for each defendant to avoid the issue of conflict.

5-2. Complex Case Appointment. In a case where the death penalty is being sought, or in a capital case involving complex issues, two (2) or more attorneys may, upon judicial order, be appointed for each defendant. As such, each attorney appointed will then be eligible to be compensated at the established rate. The maximum payable in these cases will be determined by the local governing committee after a review of the documentation. Additional co-counsel, or associate counsel, will not be compensated unless so directed by the trial judge.

5-3. Subsequent Appointments. A new appointment order will be prepared for each defendant represented in the following proceedings: (1) new trial after motion; (2) retrial after a mistrial; (3) appeal; (4) new trial after successful appeal; (5) re-sentencing after appeal; or, (6) probation revocation to include technical revocation.

5-4. as Appendix A Forms: A copy of the appointment order utilized for the assignment of counsel is marked of this document.

5-5. Termination of Appointment. If, after appointment, it is determined that the defendant is financially able to retain private counsel, the Court Administrator shall be immediately notified. After notification the Court Administrator will discharge the appointed counsel and notify the defendant of the requirement to retain private counsel. The attorney who has been relieved will be reimbursed for the hours spent on the case from local funds, and recoupment of county funds expended may be sought from the ineligible defendant.

6-1. Reimbursement of Expenses. The appointment order, will be utilized for reimbursement of legal efforts and expenses. In completing the form, counsel must include the correct date an event occurred and the time spent on each event, i.e., interview with client, legal research, etc. In any case in which the requested reimbursement exceeds the maximum allowable cost, a detailed, itemized billing must accompany the appointment form to assist the Tripartite Committee in determining if additional compensation is warranted.

6-2. Time Limits. In order to facilitate the budgetary process, all appointment orders must be liquidated, and forwarded to the Court Administrators office, no later than 45 days after the case is disposed of.

6-3. Limitations.

A. Hourly Rates. Effective July 1, 1995, all cases assigned will be reimbursed at $40.00 per hour for out-of-court time and $60.00 per hour for in-court time. This increase is effective only for those cases assigned after January 1, 1995.

B. Maximum Compensation. The Court Administrators Office is governed by the fee structure in the rear of this booklet in reimbursing attorneys who participate in the local Indigent Defense program. Any additional reimbursement above the levels established will have to be the decision of the local governing committee.

C. Complex or Extended Cases. If the legal or factual issues in a case are complex, thus requiring an additional expenditure of skill or effort, the case is considered to be complex. If more time is reasonably required for the disposition of the case than would normally be encountered, then the case is considered to be an extended case. Ultimately, the local governing committee will determine if a case is "complex" or "extended" and if additional reimbursement is required.

6-4. Liquidation of a Claim.

A. When a defendant is charged with several counts on one (1) indictment, these counts will be consolidated for payment.

B. When a defendant is charged in two (2) or more indictments and the indictments, or cases, are consolidated for dispositional purposes, the one (1) payment will apply.

C. When a defendant is charged in two (2) or more indictments and the indictments are not consolidated for dispositional purposes, a separate fee may be considered for each indictment, or case.

6-5. Reimbursement for Additional Expenses. Reasonable additional expenses will be reimbursed; however, these expenses must be itemized and documented, i.e. meals, copy expenses, etc. Investigative, psychological, or forensic investigations will not be considered as additional expenses, and the Court, by order, must approve these expenses prior to their utilization.

6-6. Travel Expenses.

A. Expenses incurred in case preparation by private automobile, excluding travel to and from the courthouse, will be reimbursed at the rate set by Chatham County for official business. This mileage must be documented for payment to occur.

B. Those hours spent in travel, excluding travel to and from the courthouse, will be reimbursed at the out-of-court rate of $40.00 per hour. However, if the hourly rate is claimed, the mileage cannot be claimed.

C. Transportation other than by private automobile will be claimed on an actual expense basis and compensation will be governed by Chatham County travel regulations. If transportation occurs by commercial means, the attorney must present a receipt for the travel with his/her billing. If commercial air is utilized and that cost is greater than that which would be incurred by private automobile, prior approval must be obtained through the Court Administrators Office.

D. Expenses for meals and lodging will be compensated for in accordance with current Chatham County policy.

E. If there is a compelling need for interim expenses, the Court Administrator can, with a judicial order, arrange for an advance travel payment to cover extraordinary and substantial expenses in a case.

6-7. Other Expenses. This expense category includes reasonable costs for expenses such as telephone toll calls, telegrams, copying (except printing) and photographs. In all cases itemized documentation must be submitted to support the claims and such claims must be reasonable.

6-8. Non-Reimbursable Items. The following items cannot be claimed as reimbursement: (1) mileage to and from the courthouse; (2) any items of a personal nature purchased for, or on behalf of the defendant represented: (3) Writ of Certiorari; (4) Writ of Habeas Corpus; and (5) an Extraordinary Motion for a new trial.

7-1. Preliminary Hearing Transcripts. Rule 26.2 Probable Cause Hearings by a Court of Inquiry, Section (6) of the Uniform Superior Court Rules states that at a preliminary hearing a judicial officer shall "cause an accurate record to be made of the testimony and proceeding by any reliable method." In the case of Recorders Court, other municipal or city courts, and Magistrates Court, this will be accomplished by recording the preliminary hearing on tape.

Section (a) of Rule 26.2 further states, "a copy of the record of any testimony and the proceedings of the first appearance and probable cause hearing shall be provided to the proper prosecuting officer and to the accused upon payment of the reasonable cost for the preparation of the record." Since the record is a tape, access to the tape, or a copy of the tape, will be made available to the appointed attorney upon request.

A preliminary hearing transcript will be provided to an indigent defendant, or his/her attorney, at no cost to the defendant if the defendant, or his/her attorney, completes a transcript request form which is available in Judicial Operations. Any request for any transcript must originate in Judicial Operations.