A shortage of state funds to pay defense attorneys, experts, and investigators has brought jury selection in the trial of Brian Nichols in Georgia to a halt. Superior Court Judge Hilton M. Fuller (pictured), Jr. stopped jury selection after just two days due to concerns that Nichols’ defense team did not have adequate funding to represent their client. His ruling came in response to a defense motion that noted, “[A]t this time, and for some period of time in the past, no defense experts have been engaged in ongoing efforts on this case… . Several experts and investigators have sent demand letters … declaring that unless and until the Georgia Public Defender Standards Council makes good on pending bills, no significant ongoing further work will be conducted.” In his ruling, Hilton expressed frustration with having to delay the case, but added that he is “interested in getting this case tried … in a way the constitution requires.”

The prosecution is seeking the death penalty against Nichols for charges stemming from a 2005 Fulton County Courthouse shooting incident. Nichols has apparently agreed to plead guilty (and thereby eliminate expenses) in exchange for a sentence of life without parole. The Georgia Public Defender Standards Council has stated that it is not capable of both paying the costs for Nichols’ trial and carrying out its duty in roughly 80 other capital cases in the state. The state maintains that there is not enough money for other capital cases and it was forced to cut off funding for Nichols’ case as of July 1, 2007. To date, Georgia’s legislature and Governor have refused to step in to address the funding problem. Fuller has warned that the case may never go forward without adequate defense funding.

Georgia Senator Vincent Fort said that he is concerned that his colleagues in the legislature have not acted to address the problem: “What concerns me is that the judge is saying this will be kicked back, that on appeal this will be sent back, and ironically what that means is it will cost what? More money… . The council needs to come forward, the state, the Perdue administration needs to find a way to fund this. It’s a matter of being pennywise and pound foolish.”
(Fulton County Daily Report, October 18, 2007; Associated Press, October 18, 2007; Atlanta Journal-Constitution, October 6, 2007). See Costs, Representation, and Life Without Parole.