CAIRO — After hearing a 2005 proposed budget presentation and information about its Indigent Defense Program at its first meeting of the month on Tuesday, the Grady County Board of Commissioners signed an intergovernmental contract with the Office of the Pubic Defender South Georgia Judicial Circuit.

“The contract states what obligations this office has to the county and what obligations the county has to the office,” said Ernie Sheffield, circuit public defender. “I want everything up front.”

Under the Georgia Indigent Defense Act of 2003 passed by the Georgia Legislature, a circuit public defender’s office must be in each judicial circuit within the state. Grady, Decatur, Mitchell, Calhoun and Baker counties make up the South Georgia Judicial Circuit.

An “indigent” individual is one who cannot afford to pay for legal representation.

The act also dictates that the office provide legal representation to indigent persons charged with criminal offenses in Superior and Juvenile courts of the circuit.

Each office must have a full-time staff consisting of a circuit public defender, an assistant public defender for each superior court judge authorized for the circuit (excluding the chief judge and senior judges), an investigator and two additional persons to perform administrative, clerical or paraprofessional services.

An office also has to make contact with every person arrested and charged with a crime that put him or her in either Superior or Juvenile court.

Under the act, each county must also provide, in agreement with the other counties in its judicial circuit, a pro rata share of the costs, according to the population of each county.

Those costs include offices, utilities, telephone expenses, materials and supplies for the circuit public defender office(s) and any necessary additional personnel used to provide effective legal representation for indigents.

The county must also make payment for salaries benefits and administrative costs in advance of the payment of the salaries by the Public Defender Office.

The South Georgia Judicial Circuit program was running smoothly when the act was adopted and control was turned over to the State of Georgia.

“It would have been fine with me if the state had left things alone,” said Sheffield. “We have a good indigent defense program.”

However, he said this is not the norm throughout Georgia and could be the reason why control was handed to the state.

“In most of the circuits, the counties were working independently with no circuit-wide programs,” said Sheffield. “Public defenders were having problems because defenders were not working together.”

Sheffield approached the board with information regarding the Office’s budget for 2005. He said it would be the same amount as 2003 with a total of $353,908.78 funded by the state and $371,318.97 funded by the county, totaling an annual amount of $725,227.74.

Sheffield used the 2003 budget to come up with 2005’s while accommodating the new expenditures.

“I could take that money and work a budget out that I thought would satisfy the requirements of the state,” he said. “We’re not asking for any more money in 2005 than what was in 2003.”

Commissioner Charles Norton expressed concern over budget deadlines because no county has the same budget year. Sheffield said this should not be an issue.

“I know that next year we have the money and can run this office,” he said. “I can guarantee you that next year it won’t cost more than the 2003 or 2005 budget. I don’t think we’ll get into a bind as far as the budget in 2006.”

Though he embraced the program and contract, Sheffield also admitted future changes in salaries or personnel may have to be made.

“If I have to do it, I’ll have to do it,” he said.

County Attorney Kevin Cauley said the contract is as Sheffield explained it and CNorton made a motion to approve the contract while Commissioner Benny Prince seconded it.

The board unanimously passed the motion and Chairman Elwyn Childs signed the contract.

Sheffield had meetings with other county commissioners boards in the South Georgia Judicial Circuit throughout the month to present the contract for signing.



Reporter Teresa Williams may be reached at (229) 226-2400, ext. 225.