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Case: Flournoy v. State of Georgia

09-cv-178947 | Georgia state trial court

Filed Date: Dec. 15, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On December 15, 2009, indigent criminal defendants filed this class action lawsuit against the State of Georgia and its Public Defender Standards Council ("GPDSC") in the Superior Court of Fulton County, Georgia. Plaintiffs sought mandamus, declaratory and injunctive relief to compel Defendants to provide them and others similarly situated with adequate, effective, and conflict-free counsel to assist in their motions for new trial and appellate proceedings.On Febrary 23, 2010, the Court (Judge …

On December 15, 2009, indigent criminal defendants filed this class action lawsuit against the State of Georgia and its Public Defender Standards Council ("GPDSC") in the Superior Court of Fulton County, Georgia. Plaintiffs sought mandamus, declaratory and injunctive relief to compel Defendants to provide them and others similarly situated with adequate, effective, and conflict-free counsel to assist in their motions for new trial and appellate proceedings.

On Febrary 23, 2010, the Court (Judge Jerry W. Baxter) granted the Petition for Mandamus and certified the class.

The parties entered a Consent Decree, approved by the Court, on December 14, 2011. During the course of the litigation, the backlog of requests for conflict-free appellate counsel had been cleared, so the decree set standards for future procedures. The parties agreed to a three-month evaluation period, hiring of additional full-time staff attorneys in the Appellate Division of the GPDSC, workload controls, hiring standards, attorney qualifications, supervisory policies, and training.

For contract attorneys, the decree sets fees which take into account the length and difficulty of each case, establishes minimum qualifications, hiring, and monitoring of contract counsel.

Additionally, the defendants agreed to establish and maintain an electronic database to track implementation of the provisions of the consent decree and to provide periodic reports to class counsel.

Summary Authors

Denise Heberle (1/25/2012)

Related Cases

Cantwell v. Crawford, Georgia state trial court (2009)

Allen v. Edwards, Louisiana state trial court (2017)

People


Judge(s)

Baxter, Jerry W (Georgia)

Attorneys(s) for Plaintiff

Bondurant, Emmet J. II (Georgia)

Caplan, Michael A. (Georgia)

Garland, Edward T. M. (Georgia)

Lucas, Lauren Sudeall (Georgia)

Martin, John R. (Georgia)

Pearson, Albert M. III (Georgia)

Samuel, Donald F (Georgia)

Scarborough, Stephen R. (Georgia)

Velez, Melanie (Georgia)

Judge(s)

Baxter, Jerry W (Georgia)

Attorneys(s) for Plaintiff

Bondurant, Emmet J. II (Georgia)

Caplan, Michael A. (Georgia)

Garland, Edward T. M. (Georgia)

Lucas, Lauren Sudeall (Georgia)

Martin, John R. (Georgia)

Pearson, Albert M. III (Georgia)

Samuel, Donald F (Georgia)

Scarborough, Stephen R. (Georgia)

Velez, Melanie (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Kennedy, DeBrae (Georgia)

Expert/Monitor/Master

Michaels, Sandra (Georgia)

Documents in the Clearinghouse

Document

2009 cv 178947

Class Action Petition for Writ of Mandamus and Verified Complaint for Injunctive and Declaratory Relief

Flourney v. State of Georgia

Dec. 15, 2009

Dec. 15, 2009

Complaint

2009 cv 178947

Order on Class Certification and Mandamus

Feb. 23, 2010

Feb. 23, 2010

Order/Opinion

2009 cv 178947

Consent Decree

Dec. 14, 2011

Dec. 14, 2011

Settlement Agreement

Resources

Docket

Last updated Oct. 20, 2022, 3:05 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Georgia

Case Type(s):

Indigent Defense

Key Dates

Filing Date: Dec. 15, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of indigent criminal defendants.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Georgia, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2010 - 2014

Issues

Reproductive rights:

Fetus Identity

General:

Funding

Quality of representation

Records Disclosure

Crowding:

Crowding / caseload