DeKalb County v. Adams
DeKalb County v. Adams
Opinion of the Court
In November 1998, Ernest Adams filed a pro se petition for mandamus against DeKalb County Sheriff Sidney Dorsey seeking, inter alia, to compel the sheriff to improve medical and food service operations in the county jail. The trial judge to whom the case was assigned, Judge Hilton Fuller of the Superior Court of DeKalb County, appointed counsel for Adams. Counsel made an appearance on behalf of DeKalb County and the sheriff at a hearing in December 1998. Subsequently, another attorney was appointed to represent Adams and the trial judge also ordered the appointment of a paralegal and/or investigator to assist the attorney. The trial judge entered ex parte orders, under seal, which set forth the compensation schedule for the appointed individuals and provided that the submitted fees would be paid from county funds. In September 1999, Adams’s counsel filed an amended complaint on behalf of a putative class of jail inmates seeking injunctive and declaratory relief solely under state statutes and the Georgia Constitution. A six day hearing in late September addressed conditions in the jail and also the payment of compensation to Adams’s counsel and the appointment of an auditor. The trial judge issued an order on September 29 ordering DeKalb to pay $16,794 in attorney fees and $6,602.87 in paralegal and/or investigator fees.
1. In its first enumeration, DeKalb contends the trial court erred by holding it in contempt on October 26 because the trial court had been divested of jurisdiction when DeKalb filed its protest and motion to recuse on October 15. Contrary to DeKalb’s argument, however, nothing in McCorkle v. Judges of Superior Court of Chatham County, 260 Ga. 315 (392 SE2d 707) (1990) or OCGA § 15-6-24 supports DeKalb’s position that a superior court is divested of its jurisdiction over a case merely because a county chooses to file a protest over an expenditure ordered by the superior court judge to whom the case was assigned.
2. DeKalb contends the trial court exceeded its inherent power when it ordered DeKalb to commit public funds to compensate the appointed attorney of a civil litigant and thus DeKalb cannot be held in contempt for failing to comply with the order. We agree.
In Willis v. Price, 256 Ga. 767 (353 SE2d 488) (1987), this Court held that “[r]egardless of the worthiness of the cause,” a trial court cannot appoint counsel to represent an indigent civil litigant “absent a clear state constitutional or statutory authority” providing for payment out of State or county funds. Id. While courts have the inherent authority to take action necessary to discharge their duties efficiently and completely, Sacandy v. Walther, 262 Ga. 11, 12 (1) (413 SE2d 727) (1992), “we know of no statute, case, or constitutional pro
Adams’s arguments do not compel a different result. The examples Adams cites for the proposition that a court has the inherent power to appoint counsel for indigent civil litigants and compel payment from county funds all involve either statutory authority or a constitutional mandate. E.g., OCGA § 15-11-26 (e) (counsel in adjudication of delinquency proceedings); OCGA § 15-11-85 (counsel in termination of parental rights proceedings); OCGA §§ 37-3-150, 37-4-110 (counsel in proceedings regarding the mentally ill and mentally retarded); Vaughn v. Rutledge, 265 Ga. 773 (1) (462 SE2d 132) (1995) (limited constitutional right to counsel in probation revocation required pursuant to Gagnon v. Scarpelli, 411 U. S. 778 (II) (93 SC 1756, 36 LE2d 656) (1973)). The holding in Brown v. Diaz, 184 Ga. App. 409 (4) (361 SE2d 490) (1987) is inapposite as that case involved claims under Federal civil rights statutes, whereas Adams’s suit is based solely on Georgia law which has no provision comparable to 28 USCA § 1915 (d). Nor does the holding in Hamm v. Willis, 201 Ga. App. 723 (411 SE2d 771) (1991) avail Adams, as that case was also a Federal civil rights case and the attorney fee award therein involved the application of OCGA § 9-15-14, which is not in issue in this case. Contrary to Adams’s argument, OCGA § 17-12-44 is expressly limited in scope to criminal proceedings
3. Our holding in Division 2, supra, renders it unnecessary to address DeKalb’s remaining enumerations of error.
Judgment reversed.
Judge Fuller also ordered the appointment of auditors to investigate jail conditions. That order is not in issue in this appeal.
Sheriff Dorsey filed a motion to recuse a few days earlier which the trial court denied finding, inter alia, that the motion was untimely and the affidavits legally insufficient.
We decline the opportunity presented here to adopt the position proposed by the concurring opinion in McCorkle, supra.
OCGA § 17-12-44 states that “[t]his article expressly recognizes the inherent power of the court to appoint counsel to represent indigent defendants and to order compensation and reimbursement from county funds in individual cases as the proper administration of justice may require.” (Emphasis supplied.) OCGA § 17-12-44 comes within Article 2 of Chapter 12, Volume 17, known as the “Georgia Indigent Defense Act,” OCGA § 17-12-30, which was promulgated to provide the constitutional guarantees of the right to counsel and equal access to the courts “to all its citizens in criminal cases.” OCGA § 17-12-31.
Adams raised for the first time on appeal the contention that conditions at the jail
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