Counties would shoulder some of the cost of defending capital cases and senior judges no longer could preside over them, under legislation introduced to address concerns about the Brian Nichols case.

The goal is to ensure an adequate defense while holding judges more accountable for the cost of defending death-penalty cases, House Majority Whip Barry Fleming (R-Harlem) said Wednesday.

"There's a reason why the Georgia Constitution calls for the election of judges," Fleming said.

In October, Speaker Glenn Richardson appointed Fleming and Reps. Chuck Martin (R-Alpharetta) and Jay Shaw (D-Lakeland) to investigate Senior Superior Court Judge Hilton Fuller's handling of the Nichols case as defense costs approached $2 million. Nichols is accused of killing four people, including a judge, in a shooting rampage that began at the Fulton County Courthouse March 11, 2005.

"We want to send a strong signal that we don't want this to happen again," Fleming said.

It is too easy, Martin said, for lawyers defending capital cases to try to bankrupt the system by running up huge fees and expenses. "That's not fair to the other defendants in Georgia who need these funds," he said.

The legislation would prohibit senior judges, such as Fuller, from presiding over capital cases. Senior judges, who are retired from most active court duties but help with overflow caseloads, do not run for election.

The bill also could reduce the financial burden on the Georgia Public Defender Standards Council, which oversees the statewide indigent defense system. Under the bill, the council would pay for the first $150,000 paid to private lawyers defending an indigent capital case and 75 percent of the next $100,000, with the county paying the other 25 percent. Beyond $250,000, the state and the county would split defense costs.

The measure recommends that the council set contracts with flat rates for attorneys' fees and expenses in death cases.

Kem Kimbrough, assistant general counsel for the Association of County Commissioners of Georgia, called the legislation "a step in the right direction."

Of the 80 pending death-penalty cases statewide, 58 are defended by state-salaried defenders. The rest, such as Nichols, have private lawyers who bill by the hour.

Fuller, a senior judge from DeKalb County, was appointed to the Nichols case after Fulton's judges recused themselves. Legislators condemned Fuller's handling of the case as defense fees mounted and as the trial was delayed when defense funds ran out. In a letter to lawmakers, Fuller said he wanted to conclude the case "as quickly as the Constitution, our laws and resources allow."

In January, Fuller removed himself from the Nichols case after The New Yorker quoted him as saying, "Everyone in the world knows he did it."

Fleming expressed frustration that Fuller did not turn over to the Legislature billings by Nichols' lawyers. He said he would make the same request again to Cobb County Superior Court Judge James Bodiford, who recently replaced Fuller.