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HOUSE INFORMATION
OFFICE
ROOM 505, LEGISLATIVE OFFICE BUILDING
ATLANTA, GEORGIA 30334
404-656-5082 1-800-282-5800
2004 Special Session
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Special Session - The General Assembly went into a special session on May 3rd at 10:00 am and adjourned 5 days later on May 7th at 10:46 am. Governor Perdue called the special session of the General Assembly because HB 1181, which is the state's budget for fiscal year 05 that would take effect July 1st, is out of balance by $57 million. Georgia's constitution requires a balanced state budget. The discrepancy is because a compromise could not be reached on HB 869, which would have provided funds in the budget for the new public defender system through court fines and fees. The Governor determines which issues will be on the agenda for the special session. Some lawmakers have suggested the Governor should have modified the spending plan to put it in balance and avoided a special session which is paid for with state funding.
Funding Indigent Defense - As previously stated, this year's special session can be directly attributed to the failure of HB 869 to receive passage during the regular 2004 session. The major factor contributing to HB 869's breakdown on the session's final day was a disagreement between the House and Senate over how much authority the Governor's office should be allowed to exercise over the budget for the state's new indigent defense system. The House asserted that as a division of the state's judicial branch, the Georgia Constitution's separation of powers would barr the Governor from determining the indigent defense budget. The Senate held fast to the position that the Governor should have at least some control in order to impose fiscal discipline on the new agency. Neither side gave way, and the bill died with the session's final gavel.
Hoping to minimize the time spent in special session, House leaders continued to negotiate with members of the Senate and the Governor's office after the end of the 2004 session. Those efforts paid off and an agreement was reached among all parties before the opening gavel of this year's special session. HB 1EX represents the content of that agreement.
As was the case in HB 869, HB 1EX would create a centralized collection and distribution agent for all specially designated court fees, costs, criminal penalties and bond surcharges. This function would be performed by the Georgia Superior Court Clerks' Cooperative Authority. The authority would keep detailed records on all funds collected by Georgia's courts, and remit them to their designated purpose. The bill's authors feel this centralized tracking and reporting agency would increase the effectiveness and efficiency of the state's courts in collecting these funds, and improve accountability on how the funds are spent.
Secondly, the proposal seeks to implement a new funding mechanism for the state's indigent defense system. The system would be financed using a series of new fines, fees and surcharges on court proceedings. A $15 filing fee would be charged for all civil action cases filed throughout Georgia's courts system. Likewise, persons who apply to receive indigent defense services would pay a $50 application fee. However, this fee could be waived by the court in cases of financial hardship. HB 1EX would also charge an additional 10 percent surcharge to any fines levied in criminal or traffic cases, and a 10 percent surcharge to bail or bond decisions. The new fines and fees are expected resolve the budget funding issue for this fiscal year.
Because of the added responsibilities placed on the Georgia Superior Court Clerks' Cooperative Authority, the legislation increases membership in the authority from seven to ten members. Four of those members will be appointed by the Governor, one of which will be a county commissioner. The Council of Superior Court Clerks will have three appointments, two of which must be court clerks. Likewise, the House Speaker, the Senate and the Chief Justice of the Supreme Court each will have one appointment to the authority.
Finally, HB 1EX deals with the budget dispute. Under the legislation, the Indigent Defense Advisory Council will submit its budget estimate to the Governor's Office of Planning and Budget for review prior to submitting it to the Judicial Council. The proposal would allow the Governor to review the council's budget, and include his analysis as a part of his own budget report, but the Governor would not be allowed to revise the council's budget request in any way.
With an eye toward maintaining fiscal discipline, House and Senate negotiators agreed to include a provision which would forbid the Indigent Defense Advisory Council from requesting more money that the amount of funds collected for indigent defense under the new fee and fine structure. Likewise, HB 1EX creates a budgetary oversight committee to set standards for the expenditure of indigent defense funds. This eight member oversight committee would be manned by three appointees of the House Speaker, three by the Senate leadership, and one House and Senate member appointed by the Governor. Standards adopted by the oversight committee would have to be ratified by the General Assembly.
Recalling the session's early days, when Georgia Supreme Court Chief Justice Norman Fletcher stood before members and labeled the creation of a working indigent defense system as "the right thing to do, both morally and constitutionally," House members voted 167-4 on Wednesday, May 5th to pass HB 1EX. The Senate also passed the measure sending it to the Governor for his signature.
Georgia House of Representatives
Public Information Office
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