Public defender outlines change to indigent defense agreement; commission adds contract to consent agenda

Jay Johnson, chief public defender for the judicial circuit that serves Dade County, told the Board of Commissioners the Georgia Indigent Defense Services Agreement on the agenda is the same standard contract the counties have used for years with one substantive change.

Johnson said the new language explicitly documents a long‑standing practice: when counties pay personnel salaries that are later refunded by the state because positions were unfilled, those refunded amounts have historically been returned to counties and treated either as refunds or used for county‑approved projects. The revised contract puts that process in writing and preserves county oversight over how refunded dollars are spent.

"The only change in this contract is basically putting that process down on paper," Johnson said, adding the funding flow normally goes through Catoosa County before the state disburses funds and that Dade County’s share of the circuit budget is about 9.2 percent.

Johnson said Dade County’s portion for the remainder of the fiscal year would be modest (he estimated roughly $3,200 if approved now, because the county would only be funding part of the year). Commissioners thanked Johnson and added the agreement to the consent agenda; the commission approved the consent agenda by unanimous vote.

No separate vote was taken on a use‑of‑refunds policy at the meeting; Johnson said such decisions have historically required county approval and that practice would continue under the written agreement.