The Southern Center for Human Rights filed a lawsuit to stop Mack Crawford, Director of the Georgia Public Defender Standards Council (“GPDSC”), from closing the Metro Conflict Defender Office and firing twenty-one people including 17 attorneys.  The Metro Conflict  Office, scheduled to close July 31, is a part of the statewide public defender system.  It handles felony and juvenile cases in Fulton and DeKalb Counties. GPDSC oversees the public defender system.    The lawsuit claims that closing the Metro Conflict Office will leave over 1800 indigent defendants in Fulton and DeKalb Counties without legal representation.  The lawsuit seeks an order requiring GPDSC to keep the conflict office open at least six more months.   The public defender system, which has struggled financially since its inception in 2003, announced in June plans to close the Metro Conflict Office.  The office and its conflict defender attorneys handle cases where the public defender has a conflict of interest.  These cases often involved situations where more than one person was charged with a crime.  The public defender would represent one person and declare a conflict so the second defendant would be assigned to the conflict office. Crawford decided to shut down the office after a review found the office led the state in the number of cases determined to have a conflict.   According to GPDSC, 18% of cases assigned to the Fulton County Public Defender between May 2007 and May 2008 were declared conflict cases that had to be reassigned.  GPDSC has set a cap of 4.5 % on the number of conflict cases per jurisdiction.  Finances were also an issue.  According to Crawford, the Metro Conflict Office spent $2 million during the last budget year.  The budget for conflict cases and expert witnesses in the whole state this year is $5.4 million. Crawford’s decision led to a backlash of criticism.  Many believe closing the conflict office will hurt the quality of representation received by indigent defendants.  Fulton County District Attorney Paul Howard called the decision “a disaster.”  Fulton County Chief Judge Doris Downs called the decision “irresponsible.”  Chief Judge Downs issued a statement declaring that the closing will create “a legal crisis.”  The Georgia Association of Criminal Defense Attorney’s (GACDL) issued a statement urging GPDSC to not interrupt or disband the conflict defender system in Fulton and DeKalb Counties.  According to GACDL, the 4.5% figure for conflict cases “fails to respect the attorney’s obligation to make an independent determination in each case as to whether or  not a conflict may develop.”           

The statewide public defender system was created in 2003.  It replaced county run programs and was supposed to increase the quality of representation provided by establishing uniform standards and a standards council (GPDSC) to oversee the program.  The Southern Center for Human Rights was instrumental in getting the state to create GPDSC.  The Southern Center filed lawsuits against a number of county systems before the statewide system was established.   The new system began operations on January 1, 2005.  The Fulton County Conflict Defender Office joined GPDSC on January 1, 2006 and was renamed the Metro Conflict Defender Office.  By May 2007 financial problems led GPDSC to fire 41 full-time employees.   A plan is being discussed to re-hire seven off the laid off attorneys.