IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. Plaintiffs Civil Action File v. No.



Similar documents
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE SUPERIOR COURT OF FULTON C STATE OF GEORGIA. AMENDED ORDER Il\1PLElVIENTING ELECTRONIC-FILING FOR CIVIL CASES

Rule 6 Adopted at a joint meeting of the District and County Court at Law Judges of Webb County on December 2, 2009

NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:14-cv BO ) ) ) ) ) ) ) ) ) ) )

Case 1:04-cv TWT Document 329 Filed 06/30/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

ANSWER PACKET NON-SPECIFIC INSTRUCTIONS ON PREPARING AN ANSWER

It is ordered that Rules 31.4 and 31.5 of the Uniform Superior Court Rules be hereby amended to read as follows:

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CRIMINAL JUSTICE ACT PLAN

CRIMINAL DOCKET CONTROL PROCEDURES

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

A BILL TO BE ENTITLED AN ACT

NC General Statutes - Chapter 15A Article 17 1

CHECKLIST FOR THE PREPARATION AND REVIEW OF A PETITION FOR ADOPTION INVOLVING A DEPARTMENT OR AGENCY ADOPTIVE PLACEMENT PURSUANT TO O.C.G.A.

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia

FORT BEND COUNTY PLAN AND INTERIM LOCAL RULES FOR MAGISTRATE HEARINGS AND APPOINTMENT OF ATTORNEYS FOR INDIGENT DEFENDANTS

Name: State Bar number: Telephone: Fax: Full time SF office address: Mailing address (if different):

CIVIL TRIAL RULES. of the COURTS OF ORANGE COUNTY, TEXAS. Table of Contents GENERAL MATTERS. Rule 1.10 Time Standards for the Disposition of Cases...

SENATE... No The Commonwealth of Massachusetts. In the Year Two Thousand Fourteen

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals Appointment of Counsel... 4

The Judges of the Fulton Superior Court hereby create a "Business Case Division" (hereinafter referred to as the "Division").

An Introduction to the Federal Public Defender=s Office and the Federal Court System

Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985

Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

STATE OF LOUISIANA NO KA-1429 VERSUS COURT OF APPEAL JACOLVY NELLON FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS

PROFESSIONAL SERVICES CONTRACT AS CONFLICT COUNSEL FOR INDIGENT PERSONS

Local Court Rules for the 27 th Judicial District

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

LOCAL RULES OF ORANGE COUNTY FOR THE TIMELY AND FAIR APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS BY ORANGE COUNTY COURTS

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

WASHINGTON COUNTY COURT OF COMMON PLEAS PRO SE CUSTODY PACKET

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES


NOTICE OF APPEAL., Defendant/Appellant appeals to the Fourth. District Court of Appeal the judgment and sentence entered by the Honorable,

SUPREME COURT OF PENNSYLVANIA DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE RECOMMENDATION 140

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

The Circuit Court. Judges and Clerks. Jurisdiction

GRAND JURY REPORT

PETITION FOR WRIT OF HABEAS CORPUS AND EMERGENCY RETURN OF CHILD PACKET

General District Courts

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No (JMR) The United States of America, by and through its attorneys,

NOTICE OF ANNUAL SECRET BALLOT ELECTIONS TO ELECT THE FOLLOWING MEMBERS OF THE ELLIS COUNTY BAIL BOND BOARD FOR THE 2016 TERM PURSUANT TO SECTION 1704

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW HOUSE BILL 2287

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition)

SUPERIOR COURT OF THE [INSERT STATE/JURISDICTION] FAMILY DIVISION--DOMESTIC RELATIONS BRANCH

Case wlh Doc 674 Filed 06/28/16 Entered 06/28/16 09:23:29 Desc Main Document Page 1 of 13

PROCEDURES GOVERNING THE PAYMENT OF CRIMINAL LEGAL AID FEES

11 HB 87/CSFA A BILL TO BE ENTITLED AN ACT

COURT SCHEDULING ISSUES

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

APPLICATION TO THE SACRAMENTO COUNTY BAR/ INDIGENT DEFENSE PANEL (IDP)

AMENDED ADMINISTRATIVE ORDER GOVERNING A COLLECTIONS COURT PROGRAM IN ORANGE COUNTY

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT. Plaintiff and Respondent, v. Kern County Superior Court

NOTICE TO THE BAR. /s/ Philip S. Carchman

APPLICATION FOR CRIMINAL LAW PANELS. State Bar number: Telephone: Fax: Full time SF office address: Mailing address (if different):

COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT JUVENILE COURT RULES

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Case: 1:13-cv SSB-SKB Doc #: 9 Filed: 03/11/14 Page: 1 of 5 PAGEID #: 31

TENTH JUDICIAL DISTRICT DISTRICT COURT DIVISION LOCAL RULES AND CONTINUANCE POLICIES FOR DISTRICT COURT CRIMINAL/INFRACTION CASES

How To Write A Law In Oklahoma

WEBB COUNTY APPLICATION/AFFIDAVIT Criminal Felony, Misdemeanor or Juvenile Courts Attorney Appointment Rotation List

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH. AMENDED CRIMINAL JUSTICE ACT PLAN January

INFORMATION AND DOCUMENTATION REQUIRED FOR PETITION FOR UNCLAIMED FUNDS

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

CHAPTER 3 - PROGRAMS FOR HANDLING ADVISEMENT/APPOINTMENT OF COUNSEL AND INDIGENCY DETERMINATION PROCEDURES

Cause. IN THE CRIMINAL DISTRICT In re Joey CHARBONNEAU COURT No. 2, DALLAS COUNTY, TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS

Case 4:12-cr WTM-GRS Document 153 Filed 06/17/13 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

2 of 2 DOCUMENTS. MARYLAND RULES Copyright (c) 2005 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:12-mj KMT Document 31 Filed 08/09/12 USDC Colorado Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

RULES FOR LOUISIANA DISTRICT COURTS. TITLES I, II, and III Fourteenth Judicial District Court Parish of Calcasieu

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

Case 3:15-cv CAR Document 9 Filed 05/08/15 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY. Order

Criminal Justice System Commonly Used Terms & Definitions

ARD/DUI EXPUNGEMENT ACT 122 AND 151

Subchapter Criminal Procedure in District Court

Understanding the Civil Involuntary Commitment Process

Case 1:10-cr WSD-LTW Document 69 Filed 01/21/11 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Michigan Supreme Court State Court Administrative Office Michigan Hall of Justice P.O. Box Lansing, Michigan Phone (517)

INSTRUCTIONS FOR COMPLETING THE PETITION TO CORRECT A BIRTH CERTIFICATE

STEP-PARENT ADOPTIONS AND TERMINATION OF PARENTAL RIGHTS

Case Doc 76 Filed 12/01/14 Entered 12/01/14 14:41:55 Desc Main Document Page 1 of 8

Case 8:13-cv EAK-TBM Document 14 Filed 05/20/13 Page 1 of 7 PageID 49 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE

Case 5:14-cv OLG Document 9 Filed 07/31/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 2:14-cv JFC Document 43 Filed 07/16/15 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

COUNTY TAX REFUND SETOFF PILOT PROGRAM TIMELINE OF ACTIVITIES

DRIVER'S LICENSE RESTORATION (DWI) A step-by-step guide

Parents should call the Maryland Customer Care Call Center at

NC General Statutes - Chapter 1 Article 34 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) ) ) ) )

04 LC A BILL TO BE ENTITLED AN ACT

CHAPTER. What is Criminal Justice? Criminal Justice: Criminal Justice: Criminal Justice: What is the Definition of Crime?

IAC 7/2/08 Parole Board[205] Ch 11, p.1. CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of[615] Ch 7]

Case 3:06-cv MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

Transcription:

Case 1:94-cv-00240-GET Document 121-1 Filed 06/17/2005 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SAM STINSON, on his behalf and on behalf of all persons similarly situated, Plaintiffs Civil Action File v. No. 1-94-CV-240-GET FULTON COUNTY BOARD OF COMMISSIONERS, and MITCH SKANDALAKIS, in his official capacity as Chairman of the Board of the County Commissioners, Defendants MOTION TO AMEND CONSENT ORDER TO CONFORM TO GEORGIA INDIGENT DEFENSE LAW AND STANDARDS The Plaintiff, Sam Stinson, through counsel, moves the Court to amend the Consent Decree entered in this action on May 21, 1999, by striking paragraphs 3 and 4 of Section II (Substantive Provisions) on page 4-6, and providing in lieu thereof: Counsel shall be provided to indigent defendants in accordance with the

Case 1:94-cv-00240-GET Document 121-1 Filed 06/17/2005 Page 2 of 6 Georgia Indigent Defense Act of 2003, Official Code of Ga. Ann. 17-12-1 et seq., and the standards promulgated by the Public Defender Standards Council. In support of his Motion, the defendant states as follows: 1. The provisions of paragraphs 4 and 5 of the Substantive Provisions of the Consent Decree conflict with provisions of the Georgia Indigent Defense Act of 2003, Official Code of Ga. Ann. 17-12-1 et seq. In particular, the Consent Order provides for initial interviews of defendants within one business day of arrest by Pretrial Services officers, who are to assign counsel (paragraph 3), followed within two days by interviews of defendants who remain detained by a Legal Assistant Specialist or paralegal from either the Fulton County Public Defender office or the Conflict Defender Office (paragraph 4), but does not provide for the appointment of an attorney within a specified time period. The Georgia Indigent Defense Act provides that the entitlement to the services of counsel begins as soon as is feasible and no more than 72 hours after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process. O.C.G.A. 17-12-23 (b). The Public Defender Standards Council, in promulgating standards as authorized and required 2

Case 1:94-cv-00240-GET Document 121-1 Filed 06/17/2005 Page 3 of 6 by the Act, 1 has elaborated on the duties of counsel upon assuming responsibility for a case by providing in its standards that [c]ounsel or a representative of counsel have an obligation to meet with incarcerated defendants with 72 hours of arrest and take prompt action necessary to provide quality representation, including invoking the protection of state and federal constitutional provisions, statutes and rules, 2 and seeking the pretrial release of the defendant. 3 The Standards also provide for representation at first appearance hearings, required by Uniform Superior Court Rule 26.1 and County of Riverside v. McLaughlin, 500 U.S. 44 (1991), where possible. 4 Such representation is certainly possible in Fulton County and public defenders are in fact representing the accused at first appearance hearings. 1. See O.C.G.A. 17-12-8. Standards having a fiscal impact become effective only when ratified by joint resolution of the Georgia General Assembly, but the standards shall be utilized as a guideline prior to ratification. O.C.G.A. 17-12-8 (c). The standards are available on the Georgia Public Defender Standards Council web site, www.gpdsc.com/cpdsystem-standards-main.htm (last visited June 13, 2005). The standards cited in this pleading are appended. 2. Performance Standards for Criminal Defense Representation in Indigent Criminal Cases, Standard 2.A (A)(a) (appended). 3. Id., Standard 2.A (B) (appended). 4. Id., Standard 2.A (A)(b) (appended). 3

Case 1:94-cv-00240-GET Document 121-1 Filed 06/17/2005 Page 4 of 6 2. Thus, the Georgia Indigent Defense Act and the standards adopted by the Public Defender Standards Council provide a more comprehensive and specific requirements regarding the initial appointment and performance of counsel than paragraphs 3 and 4 of Section II of the Consent Order. One purpose of the Indigent Defense Act was to provide for uniformity in the representation provided to indigent defendants in Georgia. Amendment of Section II, paragraphs 3 and 4 of the Consent Order will avoid any confusion as to whether the Indigent Defense Act and the Performance Standards adopted by the Council or the provisions of the Consent Order in this case apply with regard to the initial appointment of counsel for those accused of crimes in Fulton County. WHEREFORE, for the foregoing reasons and such other reasons as may appear to the Court, Plaintiff moves the Court to amend the provisions of the Consent Decree by striking paragraphs 3 and 4 and inserting in lieu thereof: Counsel shall be provided to indigent defendants in accordance with the Georgia Indigent Defense Act of 2003, O.C.G.A. 17-12-1 et seq., and the standards promulgated by the Public Defender Standards Council. This 14th day of June, 2005. 4

Case 1:94-cv-00240-GET Document 121-1 Filed 06/17/2005 Page 5 of 6 Respectfully submitted STEPHEN B. BRIGHT Georgia Bar No. 082075 Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303 404/ 688-1202 fax: 688-9440 sbright@schr.org BRUCE MALOY Georgia Bar No. 468525 Maloy & Jenkins The Grand, 25th Floor 75 Fourteenth Street, N.W. Atlanta, GA 30309 404/ 875-2700 By s/stephen B. Bright Stephen B. Bright 5

Case 1:94-cv-00240-GET Document 121-1 Filed 06/17/2005 Page 6 of 6 CERTIFICATE OF COMPLIANCE I, Stephen B. Bright, do hereby certify that the foregoing document has been prepared in 14-point Times New Roman font and complies with Local Rule 5.1. s/stephen B. Bright CERTIFICATE OF SERVICE I, Stephen B. Bright, do hereby certify that on this day I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification to counsel for the defendants: The Honorable Overtis Hicks Brantley Fulton County Attorney 141 Pryor Street, Suite 4038 Atlanta, GA 30303 Opposing counsel has also been served by first class mail. This 17th day of June, 2005. s/stephen B. Bright 6

Case 1:94-cv-00240-GET Document 121-2 Filed 06/17/2005 Page 1 of 1 SAM STINSON, on his behalf and on behalf of all persons similarly situated, IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Plaintiffs Civil Action File v. No. 1-94-CV-240-GET FULTON COUNTY BOARD OF COMMISSIONERS, and MITCH SKANDALAKIS, in his official capacity as Chairman of the Board of the County Commissioners, Defendants INDEX OF ATTACHMENTS Appendix - Portions of Performance Standards for Criminal Defense Representation in Indigent Criminal Cases cited in Motion. Proposed Order

Case 1:94-cv-00240-GET Document 121-3 Filed 06/17/2005 Page 1 of 1 APPENDIX PERFORMANCE STANDARDS FOR CRIMINAL DEFENSE REPRESENTATION IN INDIGENT CRIMINAL CASES adopted by the Georgia Public Defender Standards Council, May 21, 2004 * * * Performance Standard 2.A Obligations of Counsel Regarding Pretrial Release (A) Counsel or a representative of counsel have in obligation to meet with incarcerated defendants within 72 hours of arrest, and shall take other prompt action necessary to provide quality representation including: (a) Counsel shall invoke the protections of appropriate constitutional provisions, federal and state laws, statutory provisions, and court rules on behalf of a client, and revoke any waivers of these protections purportedly given by the client, as soon as practicable via a notice of appearance or other pleading filed with the State and court. (b) Where possible, counsel shall represent an incarcerated client at the USCR Rule 26.1 First Appearance hearing (Riverside v. McLaughlin 500 U.S. 44 (1991) in order to contest probable cause for a client arrested without an arrest warrant, to seek bail on favorable terms (after taking into consideration the adverse impact, if any, such efforts may have upon exercising the client s right to a full Pretrial Release hearing at a later date), to invoke constitutional and statutory protections on behalf of the client, and otherwise advocate for the interests of the client. (B) Counsel has an obligation to attempt to secure the pretrial release of the client. * * *