An audit has given Georgia’s public defender system high marks for changes that make sure only those defendants who are truly indigent qualify for state-funded legal representation.
Two years ago, the Department of Audits and Accounts criticized the Georgia Public Defender Standards Council for not thoroughly screening defendants to make sure they were eligible to have a public defender assigned to represent them. This increased the risk that the state would be paying for lawyers to represent defendants who could afford their own lawyer, the audit said.
At the time, state lawmakers expressed displeasure with the agency’s performance in this regard. Since the system’s inception, the defender system has struggled to meet its obligations because of budget shortfalls.
Since the critical June 2011 audit, the agency has “created comprehensive guidance that addresses many of the issues,” the new audit said.
The audit did say the defender council could take some additional steps, such as deciding exactly what constitutes a defendant’s “usual but necessary living expenses” when determining whether someone is indigent and qualifies for state-funded representation.
Although state law requires any person applying for legal defense services to pay a $50 application fee, the prior audit found that virtually no defendants were paying it. But new standard sentencing forms issued by the judiciary now include an option for a sentencing judge to impose the fee or waive it due to financial hardship, the audit said.
The defender council appreciates the involvement of the state’s audit agency in helping improve the system’s effectiveness and efficiency, Travis Sakrison, executive director of the council, said Thursday. “The last two years have resulted in great progress at our agency.”
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