§ 10-33. Compensation and expenses of public attorneys or public defenders.

(a)

If the governing authority elects to authorize the courts of criminal jurisdiction in the county to assign public attorneys, each court shall prescribe the compensation of the public attorneys whom it assigns as hereinafter provided and approve the expenses necessarily incurred by them in the defense of indigents under this article. The governing authority of the county shall recommend such attorney fee limits for the several courts in the county as may be prescribed by the courts for the defense of the indigent and such investigation expense as may be necessary and approved by the court. Notwithstanding the foregoing provision, however, in extraordinary circumstances the trial court may approve the payment of such additional compensation in excess of the limits stated herein as the trial court may determine and find to be necessary to provide for compensation for protracted representation.

(b)

If the governing authority elects to arrange with a nonprofit legal aid or defender organization to provide public attorneys, the governing authority shall pay therefor the reasonable value of such services as the parties may determine. To the extent feasible, the legal aid and defender organization shall endeavor to supplement such services by procuring the voluntary and uncompensated assistance of members of the bar.

(c)

If the governing authority of a county elects to establish and maintain an office of public defender, the governing authority shall prescribe his compensation. His term of office shall be two years. It shall approve the expenses necessarily incurred by his office in the defense of indigents under this article. The superior court shall appoint the public defender. The said public defender shall not be authorized to engage in the representation of those accused of crime, except in his capacity of public defender, within the county for which he serves as such public defender.

(d)

The compensation and expenses of a public attorney assigned by the courts or the salary and expenses of an office of public defender or nonprofit legal aid or defender organization reasonably allocable to the defense of an indigent shall constitute a lien against the property of the defendant. Said lien shall be docketed in the office of the clerk of the superior court and shall be foreclosed as provided by law. Any funds collected by reason of such lien shall be deposited in the general fund of the county.

(e)

The compensation prescribed in this section shall be in lieu of the compensation provided under O.C.G.A. §§ 17-12-60—17-12-63.

(1967 Ga. Laws (Act No. 373), page 3014, § 3)