Georgia’s system of representation in death penalty cases is in crisis because of insufficient funding and cases are grinding to a halt. Almost 1 in 5 of all pending capital cases in the state are stalled because of a lack of funds to pay for defense work. “We can’t defend the case without any money,” said James Yancey, one death penalty defense lawyer. “The experts we need won’t work for free.” Forsyth Superior Court Judge Jeffrey Bagley called it “a constitutional crisis,” as defense attorneys are forced to file contempt motions and are asking to withdraw from their cases. The courts were hoping for the necessary funding to become available, but after the House put $1.1 million into the state Public Defender Standards Council’s budget for capital cases, the Senate cut it out.
(B. Rankin, “Crisis in death penalty trial system,” Atlanta Journal-Constitution, April 19, 2009). See Costs and Representation.
