MAJORITY WHIP BARRY FLEMING PROPOSES LEGISLATION TO REIGN IN ABUSES IN JUDICIAL SYSTEM

ATLANTA—Georgia State Representative Barry Fleming (R-Harlem), Majority Whip of the House Republican Caucus and Chair of the House Special Committee on Judicial Inquiry, today introduced legislation aimed at reigning in abuses within the judicial system and the public defenders system. Also serving as members of this committee are State Representatives Chuck Martin (R-Alpharetta) and Jay Shaw (D-Lakeland).

"Out of control spending and an unresponsive judge in the death penalty case of Brian Nichols shined a light on the abuses in our system," Fleming said. "A few individuals have stalled an important trial and are draining a taxpayer funded program designed to help the indigent throughout Georgia not just one defendant in Atlanta."

House Bills 1251, 1252, and 1253 were introduced by Fleming, Martin and Shaw specifically in response to abuses in the Nichols case. First, these measures stipulate that a senior judge shall not be assigned to or preside over a criminal case involving a capital offense for which the death penalty may be imposed. And second, the legislation strongly recommends a reduced, flat fee structure for circumstances involving a conflict of interest where the appointment of alternative attorneys is required for the defense of an indigent person in a death penalty case. And third, the legislation makes the local community a partner with the state in providing taxpayer dollars to fund the defense of these cases. Specifically, using historical data as a guide, the legislation provides the following structure: the first $150,000 be paid by the state, the next $100,000 up to $250,000 be split 75/25 with the local county paying 25%, and above $250,000 be split 50/50 between the state and the local county where the case is tried.

"Our constitution rightly calls for the election of judges responsive to the citizens of this state, and it is crucial to prevent abuse that only elected judges be appointed to preside over a death penalty case," Fleming continued. "Throughout the early months of the Nichols case, we learned the impact of an unresponsive judge who literally blocked our ability to ensure taxpayer dollars are being appropriately spent. Our indigent defense system is funded with taxpayer dollars not monopoly money and as a state, we have other priorities like education and transportation that we must also balance with the rights of these individuals to receive a fair trail. I hope that with the adoption of these recommended reforms and the appointment of a new judge in the Nichols case we can begin to see movement in this case and in others around the state."

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