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Rule 29.3 – The role of law enforcement

May 11, 2021 | Civil Procedure, Georgia

Any law enforcement authority having custody of any person shall:

(A) Allow a person claiming to be indigent and without counsel to immediately complete an application for an attorney and certificate of financial resources and forward such to the court or its designee, for a determination of indigency or not;
(B) Clearly advise detained persons of their right to have counsel and that if they cannot afford a lawyer one will be provided to assist them;
(C) Accomplish the above procedures as soon as possible after detention; and,
(D) Complete an application for an attorney and certificate of financial resources in substantially the following form:

IN THE SUPERIOR COURT OF ____ COUNTY

STATE OF GEORGIA

STATE OF GEORGIA INDICTMENT NO.

v. ___________ CHARGE(S):

APPLICATION FOR APPOINTMENT OF COUNSEL AND

CERTIFICATE OF FINANCIAL RESOURCES

I am the defendant in the above styled action. I am charged with the offense(s) of ________________ which is/are a felony/misdemeanor. I can/cannot afford to hire a lawyer to assist me. I do/do not want the court to provide me with a lawyer. I understand that I am providing this information in this declaration in order for the court to determine my eligibility for a court appointed lawyer, paid by ________ County, to defend me on the above charges.

In jail ________ Out on bond ________ Arrest Date _______

1. Name ______________ Telephone No. _______________________

Mailing address ____________________________________________

Birth date _______ Age _____ Soc. Sec. No. _________________

Highest grade in school completed ___________________________

2. If employed, employer is _________________________________

Net take home pay is (gross pay minus state, federal

and social security taxes): ________ (weekly) ________ (monthly)

3. If unemployed, how long? __________ List other sources of income such as unemployment compensation, welfare or disability income and the amounts received per week or month: __________________.
4. Are you married ______ Is spouse employed? _____________________

If yes, by whom _________ Spouses net income (week) _______________

5. Number of children living in home: __________ Ages __________
6. Dependents (other than spouse or children) in home, names, relationship, amount contributed to their support ______________________
7. Do you own a motor vehicle? ____ Year and model __________

How much do you owe on it? ______________________________

8. Do you own a home? _______ Value ________How much do you owe on it? __________
9. Amount of house payment or rent payment each month _____________
10. List checking or savings accounts or other deposits with any bank or financial institution and the amount of deposits: ____________________________________________________

___________________________________________________________________________

11. List other assets or property, including real estate, jewelry, notes, bonds or stocks ________________________________________________________________
12. List indebtedness and amount of payments ________________________
13. List any extraordinary living expenses and amount (such as regularly occurring medical expenses) ______________________________________________________
14. Child support payable under any court order _____________________
15. Do you understand that whether you are convicted or acquitted County may seek reimbursement of attorneys fees paid for you if you become financially able to pay or reimburse the county but refuse to do so? ____________________________

I have read (had read to me) the above questions and answers and they are correct and true.

The undersigned swears that the information given herein is true and correct and understands that a false answer to any item may result in charge of perjury.

The ______ day of _________, 19__.

_________________________

Defendants Signature

Sworn to and subscribed before me this ______ day of ____________, 19__.

__________________________________ Notary Public My Commission Expires _______

ORDER.

Having considered the above matter, it is the finding of this court that the above named defendant is/is not indigent under criteria of the Georgia Criminal Justice Act and appropriate court rules and is/is not entitled to have appointed counsel.

It is ordered that the clerk, panel administrator, or court administrator assign an attorney practicing in this county to represent the defendant in the above case.

Let the defendant and the assigned attorney be notified hereof and furnished a copy of this application and order.

This ______ day of ___________, _____.

______________________

Superior Court Judge

_________ Judicial Circuit

Ga. R. Sup. Ct. 29.3