Filed Date: Dec. 15, 2009
Closed Date: 2011
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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)
Cantwell v. Crawford, Georgia state trial court (2009)
Allen v. Edwards, Louisiana state trial court (2017)
Baxter, Jerry W (Georgia)
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)
Baxter, Jerry W (Georgia)
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)
Kennedy, DeBrae (Georgia)
Michaels, Sandra (Georgia)
Last updated May 11, 2022, 8 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Georgia
Case Type(s):
Key Dates
Filing Date: Dec. 15, 2009
Closing Date: 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Class of indigent criminal defendants.
Plaintiff Type(s):
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
Case Details
Causes of Action:
Constitutional Clause(s):
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2010 - 2014
Issues
Reproductive rights:
General:
Crowding: