07 LC 28
3404
Senate
Bill 142
By:
Senators Smith of the 52nd, Wiles of the 37th and Johnson of the 1st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia
Annotated, relating to public defenders, so as to clarify that circuit public
defenders may hire additional personnel only if authorized by local law or if
approved by the county governing authority; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating
to public defenders, is amended by revising Code Section 17-12-31, relating to
employment of additional personnel, as follows:
"17-12-31.
(a)
The circuit public defender in each judicial circuit may employ additional
assistant circuit public defenders, deputy circuit public defenders, or other
attorneys, investigators, paraprofessionals, clerical assistants, and other
employees or independent contractors
as may
be
if the
employment of such additional personnel is
provided for by local law or
as may
be
if the
employment of such additional personnel is
specifically authorized
and
funded by the governing authority of the
county or counties comprising the judicial circuit. The circuit public defender
shall define the duties and fix the title of any attorney or other employee of
the office of the circuit public defender.
(b)
Personnel employed by the circuit public defender pursuant to this Code section
shall serve at the pleasure of the circuit public defender and shall be
compensated by the county or counties comprising the judicial
circuit,
in
the manner and
in
an amount
of
compensation to be paid to be fixed either
by local Act or by the circuit public defender with the
specific
approval of the county or counties comprising the judicial
circuit."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.