Gainesville attorney J. Douglas Stewart said the Senate Judiciary Committee's Thursday action would deprive poor defendants speedy access to a lawyer.
"This rule says they have up to five days to do it and then only if the defendant asks for it," Stewart said.
Stewart said 72 hours is the standing rule for getting someone a lawyer who needs one.
According to Stewart, the senate provision keeps people in jail and would raise county costs.
"That's going to put a tremendous burden on the Sheriff's Department," Stewart said, adding it means more people remaining longer behind bars who could be out on bond.
Stewart said the provision also creates a problem for mentally ill or retarded defendants incapable of asking for a lawyer.
"They don't know whether to ask for an attorney or not, who are they going to ask, and under what circumstances," he added.
The senate committee added the provision to House Bill 1245, legislation to overhaul Georgia's indigent defense system.
Supporters said the measure is aimed at making sure defendants are indigent before getting a public defender.
J. Douglas Stewart
http://accesswdun.com/article/2008/3/208008