What is Georgia law on Appointing an Attorney for an Indigent Person?
Full Question:
Answer:
Please see the following GA rule of court:
29.2. Application and appointment of counsel.
When an accused person, contending to be financially unable
to employ an attorney to defend against pending criminal
charges or to appeal a conviction, desires to have an
attorney appointed, the accused shall make a request in
writing to the court or its designee for an attorney to be
appointed. The request shall be in the form of an
application for appointment of counsel and certificate of
financial resources, made under oath and signed by the
accused which shall contain information as to the accused's
assets, liabilities, employment, earnings, other income,
number and ages of dependents, the charges against the
accused and such other information as shall be required by
the court. The purpose of the application and certificate is
to provide the court or its designee with sufficient
information from which to determine the financial ability of
the accused to employ counsel. The court may appoint an
attorney for an indigent defendant without a written
request.
The determination of indigency or not shall be made by a
judge of a state court or designee.
Upon a determination of indigency the court shall, in
writing, authorize the appointment of counsel for the
indigent accused. The original authorization of appointment
shall be filed with the accusation or warrant in the case; a
copy of the authorization shall be forwarded to the clerk,
court administrator, public defender or such other person
designated by the court to assign an attorney to an indigent
defendant. Such person shall notify the accused, the
appointed attorney, the sheriff and the prosecuting attorney
of the appointment.
