Willis v. Price

Supreme Court of Georgia

Willis v. Price

353 S.E.2d 488, 256 Ga. 767, 1987 Ga. LEXIS 652

CourtSupreme Court of Georgia

DecidedMarch 11, 1987

Docket44275

StatusPublished

Cited by2 cases

This text of 353 S.E.2d 488 (Willis v. Price) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Willis v. Price, 353 S.E.2d 488, 256 Ga. 767, 1987 Ga. LEXIS 652 (Ga. 1987).

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Opinion

*767 Marshall, Chief Justice.

Although “none of our cases hold[s] that a habeas corpus court lacks the authority to appoint counsel for an indigent habeas petitioner in the exercise of its discretion” (State of Ga. v. Davis, 246 Ga. 200, 202 (269 SE2d 461) (1980), Hill, J., dissenting; and see Sims v. Caldwell, 231 Ga. 377, 378-381 (202 SE2d 70) (1973), Gunter, J., dissenting), “we know of no statute, case, or constitutional provision which would permit a trial judge to appoint counsel to a habeas petitioner, to be paid out of state or county funds.” (Emphasis supplied.) State of Ga. v. Davis, supra at 201; cert. den. 449 U. S. 1057 (101 SC 631, 66 LE2d 511) (1980); Johnson v. Zant, 249 Ga. 812 (11) (295 SE2d 63) (1982). The provisions of OCGA § 9-14-53 (f) (1) for the state’s reimbursement of certain counties for “court costs” for indigent habeas corpus petitioners, do not embrace attorney fees. See Bell v. McNair, 160 Ga. 853 (2) (129 SE 94) (1925). Regardless of the worthiness of the cause, absent a clear state constitutional or statutory authority providing for the expenditure of state funds, such funds cannot be disbursed. Wright v. Absalom, 224 Ga. 6 (159 SE2d 413) (1968); Cole v. Foster, 207 Ga. 416, 418 (1) (61 SE2d 814) (1950) and cits.

Accordingly, although the habeas court judge may have acted within his discretion in granting the indigent petitioner’s motion for the appointment of counsel due to the complexity and arguable merit of the case, it was error to order that the state bear the expense of providing assistance of counsel for the habeas proceeding.

Judgment reversed.

All the Justices concur. *768 Lamar W. Sizemore, Jr., for appellee.

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*767 Marshall, Chief Justice.

Although “none of our cases hold[s] that a habeas corpus court lacks the authority to appoint counsel for an indigent habeas petitioner in the exercise of its discretion” (State of Ga. v. Davis, 246 Ga. 200, 202 (269 SE2d 461) (1980), Hill, J., dissenting; and see Sims v. Caldwell, 231 Ga. 377, 378-381 (202 SE2d 70) (1973), Gunter, J., dissenting), “we know of no statute, case, or constitutional provision which would permit a trial judge to appoint counsel to a habeas petitioner, to be paid out of state or county funds.” (Emphasis supplied.) State of Ga. v. Davis, supra at 201; cert. den. 449 U. S. 1057 (101 SC 631, 66 LE2d 511) (1980); Johnson v. Zant, 249 Ga. 812 (11) (295 SE2d 63) (1982). The provisions of OCGA § 9-14-53 (f) (1) for the state’s reimbursement of certain counties for “court costs” for indigent habeas corpus petitioners, do not embrace attorney fees. See Bell v. McNair, 160 Ga. 853 (2) (129 SE 94) (1925). Regardless of the worthiness of the cause, absent a clear state constitutional or statutory authority providing for the expenditure of state funds, such funds cannot be disbursed. Wright v. Absalom, 224 Ga. 6 (159 SE2d 413) (1968); Cole v. Foster, 207 Ga. 416, 418 (1) (61 SE2d 814) (1950) and cits.

Accordingly, although the habeas court judge may have acted within his discretion in granting the indigent petitioner’s motion for the appointment of counsel due to the complexity and arguable merit of the case, it was error to order that the state bear the expense of providing assistance of counsel for the habeas proceeding.

Judgment reversed.

All the Justices concur. *768 Lamar W. Sizemore, Jr., for appellee.

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353 S.E.2d 488, 256 Ga. 767, 1987 Ga. LEXIS 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-price-ga-1987.

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