Ga. Unif. Super. Ct. R. 29.5

Income eligibility–Eligible accused persons include all applicants for an attorney with net

income below a level set by the applicable superior court and revised periodically.

The following special needs of a family unit may be deducted from net income in determining

eligibility:

(1) Child care expenses for working custodial parents; and,

(2) Legally required support payments to dependents, including alimony for the support of a

child/children.

"Net income" shall include only a client’s take-home pay, which is the gross income earned by a

client minus those deductions required by law or as a condition of employment.

"Family unit" includes the defendant, a spouse, if the couple lives together, any minors who are

unemployed and unmarried, and any infirm or permanently disabled person living with the

defendant and for whom the defendant has assumed financial responsibility. The income of a

minor who is attending school full time, but has after-school employment or does odd jobs, shall

not be attributed to that of the family unit. No other persons, even if living within the same

household, will be deemed members of the family unit.

In the event an accused person is discovered to have been ineligible at the time of the

appointment of an attorney, the court shall be notified. The court may discharge the appointed

attorney and refer the matter to the private bar. The attorney should be paid for the time spent on

the case and recoupment sought from the ineligible person.

Regardless of the prima facie eligibility on the basis of income, a person who has sufficient

assets that are easily converted to cash by sale or mortgage may not be qualified for

representation.

The court may appoint counsel for representation for any accused person who is unable to obtain

counsel due to special circumstances such as emergency, hardship, or documented refusal of the

case by members of the private bar because of financial inability to pay for counsel.

If the accused is determined to be eligible for defense services in accordance with approved

financial eligibility criteria and procedures, and if, at the time that the determination is made, the

accused is able to provide a cash contribution to offset defense costs without imposing a

substantial financial hardship either personally or upon dependents, such contribution may be

required as a condition of continued representation at public expense. The court should

determine the amount to be contributed. The contribution shall be paid directly to the fund for

indigent defense of the affected county.