sr793_Committee_sub_LC_29_2212S_5.html
06 LC 29 2212S

The Senate Judiciary Committee offered the following substitute to SR 793:

A RESOLUTION

Ratifying the initial minimum standard promulgated by the Georgia Public Defender Standards Council, hereinafter referred to as the "Standards Council," entitled "Standard for Removal of a Circuit Public Defender for Cause Pursuant to O.C.G.A. § 17-12-20," hereinafter referred to as the "Standard for Removal for Cause"; to provide for an effective date; and for other purposes.

WHEREAS, Code Section 17-12-8 of the O.C.G.A. provides that the initial minimum standards promulgated by the Standards Council which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council, hereinafter referred to as the "Legislative Oversight Committee," to have a fiscal impact shall be submitted by the Standards Council to the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval; and

WHEREAS, the Standards Council adopted the Standard for Removal for Cause on May 27, 2005; and

WHEREAS, the Legislative Oversight Committee at its meeting on October 13, 2005, reviewed and determined that the Standard for Removal for Cause has a fiscal impact; and

WHEREAS, a copy of the original document containing the Standard for Removal for Cause is attached to and made a part of this resolution; and

WHEREAS, the original document containing the Standard for Removal for Cause is signed by the chairperson of the Standards Council and is on file in the official records maintained by the Standards Council; and

WHEREAS, the request for legislative ratification of the Standard for Removal for Cause has been submitted to the General Assembly in accordance with subsection (c) of Code Section 17-12-8 of the O.C.G.A. and it is the desire of the General Assembly to ratify and approve such standard.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly hereby ratifies and approves the Standard for Removal for Cause adopted by the Standards Council and approved by the Legislative Oversight Committee on October 13, 2005. A copy of the Standard for Removal for Cause has been presented to the Legislative Oversight Committee and is attached to this resolution, and the original document is on file in the official records maintained by the Standards Council.

BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without the Governoŕs approval.