Senate bill would take power, funds from public defender council

An outspoken public defender board would be stripped of its authority if a bill that passed the Senate Thursday becomes law.

Sen. Preston Smith (R-Rome) said the Georgia Public Defender Standards Council has ceased to work effectively with the Legislature and the executive branch, and has become “dysfunctional.”

The council has criticized the Legislature for not providing enough money to defend the poor.

Senate Bill 42, which passed by a vote of 32-21, revises the Georgia Indigent Defense Act, taking power away from the council.

Smith’s bill gives control over the state’s public defender system to the director of the council, instead of its 15 board members.

“You have been hoodwinked,” Smith told the Senate, referring to the cry for more money from public defenders.

“We’re saying how much does this system cost,” Smith said, “and they are saying, ‘How much do you have to spend?’ “

The group disrespects the authority of the Legislature to control the purse strings, Smith said.

Public defenders are not required to give an elaborate defense, like the O.J. Simpson trial, Smith said.

The council would be renamed the Georgia Public Defender Agency, and it would serve an advisory role only.

Democrats expressed concerns over weakening the power of a group of people who are dedicated to defending the poor.

“If I’m standing before the bar, with my life in the balance, I want the most extensive defense I can get,” said Senate Minority Leader Robert Brown (D-Macon).

Democrats said the $2 million-plus the government paid to defend Brian Nichols is not a reason to weaken the defense of other indigent defendants.

“This Brian Nichols fellow, who has already hurt so many people, is being used as a poster child to hurt even more people —- some guy who can’t afford an adequate lawyer,” said Sen. Kasim Reed (D-Atlanta).

While Reed and others did not defend the cost of the Nichols trial, they said a good defense does cost money. It’s a mistake to weaken the board that speaks for poor defendants, they said.

“Whether you’re O.J. or No-J, if you got a million dollars, you’re probably going home,” Reed said.