Ga. public defender system faces challenge

From the Columbus Ledger-Enquirer:

Georgia’s cash-strapped public defender system, which already struggles to pay a growing backlog of legal fees, could be faced with a new round of bills stemming from a case under review by the state’s top court.

The arguments before the Georgia Supreme Court on Monday focused on who should pick up the tab for a Burke County death penalty case. But the public defender system solemnly warned that the court’s ruling could lead to more fees that could end in “financial jeopardy.”

“This case could have a much broader impact,” said Mack Crawford, the system’s director, after the arguments.

It’s the latest challenge facing the beleaguered public defender network, which has been a target of frustrated legislators almost since it took effect in 2005.

The gaudy defense bills for the trial of courthouse gunman Brian Nichols – which may have topped $2 million – became a rallying cry for deep cuts even before the state grappled with a $2.2 billion deficit.

Now the department, like other state agencies, is bracing for a new round of cuts as it seeks to shed about 10 percent of its budget. And the outcome of this case could determine whether the system is on the hook for a slew of bills it hasn’t budgeted.

The case stems from the trials of Willie Palmer, who was convicted of murder in the 1995 deaths of his estranged wife and 15-year-old stepdaughter. An appeals court ordered a new trial in March 2005, and the council’s former director said the state would pick up the tab.

Palmer was again convicted and sentenced to death in 2007. But his attorneys, Michael Garrett and Randolph Frails, were told the county should pay the costs when they submitted their $68,000 bill to the council.

In court on Monday, council attorney Judson Turner warned the judges it is only authorized to pay for new death penalty cases after it was established in 2005, not existing or past cases.

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