Rule 29. APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS · Last amended 1997 · Last verified July 17, 2026
In one sentenceRule 29.5 defines how courts measure indigency — net take-home income against a locally set threshold, adjusted for child care and support obligations, with a defined family unit, an asset-based disqualifier that can override income eligibility, a process for revoking counsel discovered to be ineligible, and an option to require a partial cash contribution toward defense costs.
Income eligibility–Eligible accused persons include all applicants for an attorney with net income below a level set by the applicable superior court and revised periodically.
The following special needs of a family unit may be deducted from net income in determining eligibility:
(1)Child care expenses for working custodial parents; and,
(2)Legally required support payments to dependents, including alimony for the support of a child/children.
"Net income" shall include only a client’s take-home pay, which is the gross income earned by a client minus those deductions required by law or as a condition of employment.
"Family unit" includes the defendant, a spouse, if the couple lives together, any minors who are unemployed and unmarried, and any infirm or permanently disabled person living with the defendant and for whom the defendant has assumed financial responsibility. The income of a minor who is attending school full time, but has after-school employment or does odd jobs, shall not be attributed to that of the family unit. No other persons, even if living within the same household, will be deemed members of the family unit.
In the event an accused person is discovered to have been ineligible at the time of the appointment of an attorney, the court shall be notified. The court may discharge the appointed attorney and refer the matter to the private bar. The attorney should be paid for the time spent on the case and recoupment sought from the ineligible person.
Regardless of the prima facie eligibility on the basis of income, a person who has sufficient assets that are easily converted to cash by sale or mortgage may not be qualified for representation.
The court may appoint counsel for representation for any accused person who is unable to obtain counsel due to special circumstances such as emergency, hardship, or documented refusal of the case by members of the private bar because of financial inability to pay for counsel.
If the accused is determined to be eligible for defense services in accordance with approved financial eligibility criteria and procedures, and if, at the time that the determination is made, the accused is able to provide a cash contribution to offset defense costs without imposing a substantial financial hardship either personally or upon dependents, such contribution may be required as a condition of continued representation at public expense. The court should determine the amount to be contributed. The contribution shall be paid directly to the fund for indigent defense of the affected county.
Plain-English Summary
Rule 29.5 turns “indigent” into something a court can measure. Eligibility starts with net income — take-home pay after required deductions — measured against a threshold the local superior court sets and updates over time. From there, the rule lets certain expenses reduce that income figure: child care costs for working custodial parents and legally required support payments, including child support.
The rule also defines who counts. A “family unit” includes the defendant, a spouse who lives with them, unemployed and unmarried minors, and any infirm or disabled person the defendant financially supports. It draws a line around who does not count too — a minor’s after-school earnings do not get attributed to the family unit, and nobody else in the household, however close, gets pulled into the calculation. Passing the income test is not the end of the inquiry, either: regardless of an applicant’s prima facie eligibility on the basis of income, someone who holds assets that could readily be converted to cash — through sale or mortgage — may still be turned down for appointed representation. The income figure sets a floor, not a guarantee.
Two safety valves round out the picture. If someone turns out to have been ineligible after counsel was already appointed, the court can discharge the appointed attorney, refer the case to the private bar, and pursue reimbursement from the defendant — while still paying the attorney for time already spent. And even a defendant who passes the income test can be asked to contribute cash toward defense costs, but only an amount that does not create serious hardship, paid into the county’s indigent defense fund.
The rule also keeps the door open in the other direction: special circumstances, like an emergency or a documented refusal by the private bar to take a case for financial reasons, let the court appoint counsel even where the standard criteria do not clearly apply.
Frequently Asked Questions
What income does the court measure to decide indigency?
Net income — the client’s take-home pay, meaning gross income minus deductions required by law or as a condition of employment — measured against a level set and periodically revised by the applicable superior court.
What expenses can reduce a defendant’s income for eligibility purposes?
Child care expenses for working custodial parents and legally required support payments to dependents, including child support, may be deducted from net income.
Who counts as part of the defendant’s family unit?
The family unit includes the defendant, a spouse living with the defendant, unemployed and unmarried minors, and any infirm or permanently disabled person living with the defendant whom the defendant financially supports; a full-time student minor’s after-school earnings are not counted, and no one else in the household counts.
Can someone who qualifies under the income test still be denied appointed counsel?
Yes. Regardless of prima facie eligibility on the basis of income, a person who has sufficient assets that are easily converted to cash by sale or mortgage may not be qualified for representation.
Can an eligible defendant still be asked to pay something toward the cost of defense?
Yes. If the defendant can provide a cash contribution without substantial financial hardship, the court may require it as a condition of continued representation, paid into the county’s indigent defense fund.
Amendment History
Amended effective October 9, 1997.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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