State seeks control over public defense

ATLANTA --- Georgia lawmakers are moving to seize more control over the public defender system as it struggles with a strained budget and lagging support from powerful politicians.

The Senate voted 32-21 Thursday to strip the public defender council of its authority, giving politicians more power over the beleaguered system. It comes a year after lawmakers transferred control of the system from the judiciary to the executive branch.

The moves are partly a response to the costs of the trial of courthouse gunman Brian Nichols, whose state-funded defense topped $2 million and spared him from the death penalty. It's also a backlash against the council's threats to sue the state for more funds.

"Sometimes we gotta say, just like we do to our children, you've gone too far in your powers. We're taking away the keys," said state Sen. John Wiles, who co-sponsored the bill. "We gave the people the power, and they've abused it. That's why it's time to take it away."

The 15-member council plays a key role in setting policy and making financial decisions for the public defender system. Its members are appointed by judicial leaders and politicians.

The proposal, which now goes to the House, would transform the council into an "advisory" panel that would be appointed by the governor, lieutenant governor and House speaker. Key decisions would rest with Executive Director Mack Crawford, a former state legislator.

The measure's Democratic critics say it infuses partisan decisions into what should be a judicial function, and they worry it could lower the standards of the indigent defense system and leave the state vulnerable to lawsuits.

"If I was standing with my life hanging in the balance, I want the most extensive defense I can get," said Senate Minority Leader Robert Brown, D-Macon. "And that's no matter whether I'm rich, middle class or poor."