Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the court costs are cast upon the respondent, but such reimbursement shall not exceed $30,000.00 per annum total for each county. By not later than September 1 of each calendar year, the clerk of the superior court of each county shall send a certified list to The Council of Superior Court Judges of Georgia of each writ of habeas corpus sought in the superior court of the county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners for which the granting of the writ was denied or for which the court costs were cast upon the respondent; and such list shall include the court costs both at the trial level and in any appellate court for each such writ of habeas corpus. By not later than December 15 of each calendar year, the council shall pay to the county from funds appropriated or otherwise made available for the operation of the superior courts the reimbursement as set forth in the certified list, subject to the maximum reimbursement provided for in this Code section. The list sent to the council as provided in this Code section shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The council is authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out this Code section and to establish such procedures as may be reasonably necessary for such purposes. This Code section shall not be construed to amend or repeal the provisions of Code Section 15-6-28 or any other provision of law for funds for any judicial circuit.
§ 9-14-53.Reimbursement to counties for habeas corpus costs
Chapter 14. Habeas Corpus · Article 2. Procedure for Persons under Sentence of State Court of Record · Last amended 2051 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-53 reimburses counties from state funds, up to $30,000 a year per county, for the trial- and appellate-level court costs of indigent petitioners’ habeas cases in which the writ is denied or the court costs are cast upon the respondent, through an annual certified-list-and-payment cycle run by the Council of Superior Court Judges of Georgia.
Full Text of § 9-14-53
Plain-English Summary
Handling a habeas case costs a county money, and this section reimburses some of that cost from the state treasury. A county gets reimbursed for trial- and appellate-level court costs tied to an indigent petitioner’s habeas case, but only when the writ was denied or when the court costs ended up charged to the respondent, and only up to $30,000 total per county each year.
Getting reimbursed runs on an annual cycle. By September 1 each year, the superior court clerk sends the Council of Superior Court Judges of Georgia a certified list covering the twelve months ending the prior June 30 — every qualifying writ, along with its trial and appellate costs. Both the county’s governing authority and the superior court judge have to certify that list as accurate. The council then pays the county by December 15, drawing on funds appropriated or otherwise made available for running the superior courts, capped at the $30,000 figure.
The council also has authority to create the forms and procedures counties need to comply, and the statute makes clear it doesn’t disturb any other law governing funding for a judicial circuit — this reimbursement sits alongside those other funding sources rather than replacing them.
Frequently Asked Questions
Which habeas cases qualify a county for state reimbursement under this section?
Cases brought in the county’s superior court by indigent petitioners where the writ was denied, or where the court costs were cast upon the respondent.
Is there a cap on how much a county can be reimbursed in a year?
Yes, $30,000 per annum total for each county.
What does the county clerk have to do to get the reimbursement rolling?
Send a certified list to the Council of Superior Court Judges of Georgia, by September 1 each year, covering the 12-month period ending the prior June 30, listing the qualifying writs and their trial- and appellate-level costs.
Who has to certify that the list is accurate?
The governing authority of the county and the judge of the county’s superior court both have to certify the list as correct.
When does the council pay the county?
By December 15 of each calendar year, from funds appropriated or otherwise made available for operating the superior courts, subject to the $30,000 cap.
Amendment History
Code 1933, § 50-128, enacted by Ga. L. 1978, p. 2051, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1993, p. 1402, § 19; Ga. L. 1994, p. 97, § 9; Ga. L. 1999, p. 660, § 1; Ga. L. 2011, p. 477, § 1/SB 193; Ga. L. 2017, p. 553, § 1/HB 319.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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