HomeMy WebLinkAboutFORMAL APPLICATION BY SAM SIBLEY OF PUBLIC DEFENDER'S OFC TO RETAIN FUNDING
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Procedures for Indigency Verification
Programs
From: ccrane@gpdsc.org
To: ssibley@gapublicdefender.org
Attachments: Indigency Verification Policy.doc (47.4KB)
Application for Services.doc (38.3KB)
Wednesday, September 23,20093:54:09
PM
Hello CPD's!
The Standards Council approved the attached procedures for indigency verification systems. As a
reminder, if your counties/cities have an approved verification system (by the Council), they will be able
to keep the additional $50 bail and bond fee (added to our funding structure in 2008) and the application
fee. The Superior Court Clerk's Authority collects these funds and will distribute them to the appropriate
governing authority once the system is approved by the Council.
If your cities/counties for which you provide service are interested, you must submit a formal application to
me by October 20!h. The Indigency Verification Committee will review the applications on October 28th.
The recommended approvals will be presented to the Council for a vote on November 18th.
The procedures are attached. If you have any questions or need additional information, please let me know.
Christie
http://sz0144.wc.mail.comcast.net/zimbra/mail
9/28/2009
FORMAL APPLICA nON TO KEEP FUNDS PROVIDED
IN O.C.G.A. 99 15-21-74 & 15-21A-6
TO: Georgia Public Defender Standards Council
FROM: Sam B. Sibley, Jr. CPD Augusta Judicial Circuit
By and through the Circuit Public Defender for the Augusta Judicial Circuit and pursuant
to the authority ofO.C.G.A. 9 17-12-80, the governing authority of Richmond County makes
application to the Georgia Public Defender Standards Council to keep funds provided in
O.C.G.A. 99 15-21-74 & 15-21A-6 and in accordance with the Council's Guidelines and
Procedures for lndigency Verification Systems and in support thereof show the Council the
following:
(1)
A detailed description of the application process for public defender services specifying
how applications are taken and identifying who reviews them is attached hereto as a part of
Exhibit "A" on page one thereof.
(2)
A copy of the application for public defender services is attached hereto as a part of
Exhibit "A" on page two and three thereof.
(3)
When verification of an application for services is necessary, the procedure stated in page
one of Exhibit "A" is utilized.
(4)
The verification process is funded by Burke, Columbia and Richmond Counties from the
General Funds of those counties. The total cost is stated in page one of Exhibit "A" attached
hereto. This will fund the full-time employment of five intake officers and partial salaries of
three investigators.
(5)
This application to retain funds is with respect to all courts now or in the future serviced
by the Office of the Circuit Public Defender for the Augusta Judicial Circuit to include but not be
limited to the Superior Courts, State Courts, Juvenile Courts, Magistrate Courts and Probate
Courts of the respective county.
Wherefore, Applicant prays:
(1) That this Application be inquired into;
(2) That the Application be granted and approved;
(3) That Applicants have such other and further relief as the Council deem just and
proper.
This 29th day of September, 2009.
Respectfully Submitted,
This J/J!ItL day of Or} ~
Sam B. Si , Jr.
Circuit Public efender
Augusta Judicial Circuit
,2009.
Respectfully Submitted,
cJ...v. ~ Ji> I.N
Richm d County \yA,P
\0\
Exhibit "A"
Verification of Indigency Methodology for the Augusta Judicial Circuit
1. Applications for Public Defender services are taken from walk-ins by Senior Intake personnel. Applications
are also taken by Investigators who regularly attend court events, specifically, Allen Smith, who has worked
with indigent defense services since 1990, Mark Phillips, who has worked with indigent defense services since
1992, and Ken Glisson, who has worked with indigent defense services since 2003, and by Intake personnel
who visit the jails on a daily basis to interview the newly incarcerated.
All applications are turned in for processing and are reviewed by the senior Intake personnel, Elizabeth Chavis,
who has worked with indigent defense services since 1990, or Cornice Lee, who has worked with indigent
defense services since 1992
2. A copy of the Application for public defender services is attached. The application includes the applicant's
financial information detailing income and assets; a sworn oath that the information provided on the application
is true to the best of the applicant's knowledge, and a request for public defender services.
3. When verification of an application for services is necessary, one or more of the following actions may be
taken:
a. A call to the applicable tax assessor's office to verify ownership of property;
b. Request current pay stub verifying the applicant's, applicant's spouse and/or parent's current income;
c. Request copies of the applicant's, applicant's spouse and/or parent's last two federal income tax returns
to verify qualifying dependants and income history;
d. Request a copy of applicant's dismissal/separation notice or dismissal letter on company letterhead to
verify unemployment;
e. A call to the applicable Child Support Recovery agency to verify current child support being paid;
f. A call to the applicable probation and/ or parole office to verify current fines;
g. A call to local utility companies to verify service history;
h. A call to applicant's current employer to verify employment.
1. On site inspection at the applicants residence and/or business if self employed to verify the absence of
assets.
J. Utilize a computer program that collects and analyzes financial data.
4. Verification process as outlined in item 3 above would usually be conducted by the Senior Intake personnel
or by one of the Investigators. The minimum cost per year for associated personnel would be $204,097.00 and
overhead expense would cost approximately $45,000 per year to conduct such verifications. Total minimum
cost per year would be $249,097.00.
EXHIBIT A
APPLICA TION FOR PUBLIC DEFENDER SERVICES
County:
Date:
Name:
Last First Middle
NOTICE OF APPLICATION FEE:
Georgia law requires every person who applies for legal defense services under Chapter 12 of Title 17 to pay the Public Defender
Office a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. (O.C.G.A. ~ 15-21A6 (b))
However, the court will waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.IO.C.G.A.
~ 15-21A6 (b)l
To apply for the services of the Office of Circuit Public Defender, please complete this form.
Address:
Telephone: (Home)
The person who can always reach you:
Contact's Address:
Contact's Phone: (Home)
St _ Zip
(Cell)
(Cell)
(Work)
Note: If your address changes, you must notify this office and the Clerk of Court of your new address.
Birth Date _/ _/ Social Security Number / / Race Sex
Case No. (S) Date of Arrest: / /
CHARGE(S)
Employed? DYes DNa If Yes, Job Title:
Employer:
Name
Address
Telephone How long have you worked there?
If unemployed, when did you last work? Where?
How much did you make there?
Marital Status: DSingle DDivorced DSeparated DMarried Spouse's Name:
Is your spouse employed? DYes D No If yes, then where?
Dependants: State the names and ages of all the people who live in the house with you:
Name
Age
Name
Age
Child Support: I D pay $
per: week,
D receive $ in court ordered Child Support payments
month, The age and age of each child for which you pay child support:
Child Support: I 0 pay $
per: week,
o receive $ in court ordered Child Support payments
month. The age and sex of each child for which you pay child support:
Income: Net income (total salary and wages, minus deductions required by law, including court ordered child
support payments):
$ per week $ bi weekly $ per month $ per year
Spouse's Earnings:
$ per week $ bi weekly $
Other Benefits:
Are you disabled? oNo DYes, Type of Disability
per month $
per year
SSI: $ Social Security $
Worker's Compensation $
Things you own:
Cash $
T ANF: $
Veterans' Benefits $
Other income $
Savings Account $ Checking Accounts $
Jewelry $ Certificates of Deposit $
Equity in other Tangible Property $
Stocks & Bonds $
Equity in Real Estate $
Motor Vehicles
Year/make/model:
Year/make/model:
What's it worth? $
What's it worth? $
I am 0 injail 0 out on bond. Total Bond Amount $
Who posted your Bond? Name:
Address
Telephone
By my signature below, I swear under the penalty of perjury that the information contained herein is
true and based upon my personal knowledge, and I request that the circuit public defender's office
represent me, or the minor child or tax-dependant person I am parent or guardian of, in the above styled
case(s). Further, I agree to immediately report any change in my financial situation to the circuit
defender office or to the court.
lfthe Applicant is unable to read, write or understand
English, the person assisting in the completion of this
document must complete the "Assistance" section.
ASSIST ANCE: The understated person provided assistance
to the Defendant/child with the completion of this form due to
their inability to read and write.
This day of
Name (print):
Signature:
20
Name:
Phone:
Address:
If you DO NOT desire the services of the Office of the Public Defender, please sign and date here:
Signature Date
Office Notes:
o Eligible 0 Ineligible Date:
Applied within 72 hrs. of arrest? 0 Yes 0 No
If "No," Why? 0 Bonded Out 0 Not on Jail List
o Previously Declined 0 Other (explain below)
By: