Columbus, Georgia

Collecting Application Fees For Indigent Defense Services In State, Magistrate,

Probate And Recorders Courts

1/11/2005

The law creating the new statewide indigent defense system authorizes

defendants seeking legal representation to be charged an application fee of up

to $50 for those services. Application fee revenues are to be used to support

indigent defense operations. When collected by circuit defenders from

applicants for services in superior or juvenile courts, the fees collected are

used to underwrite the state?s obligations in those courts. Counties,

meanwhile, may adopt a resolution imposing application fee for indigent defense

services rendered in state, magistrate, recorders and probate courts. When

collected in those courts, the revenues are used to defray counties? cost of

providing the indigent defense services in state, magistrate, recorders and

probate courts.

To assist counties that wish to impose an application fee for your indigent

defense program, ACCG has prepared the following model documents:

(1) a resolution and ordinance enacting the application fee;

(2) a notice to applicants of the existence of the fee;

(3) a motion for waiver of the fee; and

(4) an application form for indigent defense services.

These model documents are also available in electronic format. Links can be

found on ACCG?s website at www.accg.org . The model documents may, of course,

be tailored to fit your community?s needs with the assistance of your county

attorney.

In addition, before any final action is taken, please be sure to discuss the

application fee proposal with the judges, clerks, and other court officials of

the affected courts and collaborate with them in initiating the fee.





















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