Georgia Office of the Appellate Defender (OAD)

Section I – Overview

A. Background

The Office of the Appellate Defender (OAD) is a division of the Georgia Public Defender Council (GPDC), tasked with representing indigent clients in criminal appeals before the Supreme Court of Georgia and the Georgia Court of Appeals. This RFP seeks qualified legal professionals or firms to provide appellate representation and support services consistent with the mission and standards of the OAD. Two firms will be selected through this RFP process—one to cover the northern half of Georgia and the other to cover the southern half. Applicants should indicate their regional preference in their proposal, or state if they are willing to serve in either capacity.

Section II – Statement of Work

The selected contractor shall:
1. Represent indigent clients in appellate matters before the Georgia Supreme Court and the Court of Appeals.

Handle appellate cases from assignment through disposition
2. _Represent clients at their motions for new trial.
3. Provide appellate brief-writing and oral argument preparation.

4. Track the progress of all assigned cases and provide a monthly report as to their progress through the court system

Section III – Proposal Requirements

Technical Proposal should include:
– Qualifications and experience
– References
– Approach and methodology
– Resources and infrastructure
– Technology use
– Commitment to public defense

Section IV – Contract Terms

The initial term is one (1) year, renewable up to five (5) years. Either party may terminate with 90 days’ notice. Compliance with GPDC, State Bar rules, and insurance requirements is mandatory.

Section V – Submission Instructions

Submit:
–   PDF format attached to an e-mail submission to:  joy.walker@gapublicdefender.org

Indicate your regional preference (Northern, Southern, or Either).

Section VI – Timeline

RFP Release Date: June 6, 2025
Deadline for Written Questions: June 20, 2025
Answers to Questions Posted: June 27, 2025
Proposal Submission Deadline: July 1, 2025
Award Notification: On or before August 1, 2025.

Sample Independent Contractor Services Agreement

1. Definitions

For the purposes of this Agreement:
• “Contract” means the Annual Agreement for Independent Contractor Services, any exhibits, the Business Associate Agreement (BAA), and any attachments or incorporated documents.
• “Contractor” refers to the attorney or law firm entering into this Agreement with the Georgia Public Defender Council.
• “Council” or “GPDC” refers to the Georgia Public Defender Council, a state agency.
• “Services” refers to legal representation of clients in assigned cases, including all duties described under the Scope of Work.
• “State” means the State of Georgia, including its agencies, departments, and instrumentalities.

This Agreement is made between the Georgia Public Defender Council and the Contractor for the provision of legal services to indigent defendants where GPDC has a conflict of interest or where assignment is otherwise permitted under Georgia law.

2. Purpose and Scope of Representation

The purpose of this Agreement is to establish the terms under which the Contractor will provide legal services to indigent persons charged with criminal offenses or involved in other matters for which the appointment of counsel is authorized by law. The Contractor shall represent such clients in the superior, state, juvenile, magistrate, and municipal courts of Georgia, as well as in appellate courts when necessary.

Representation shall commence upon notification by GPDC or a court of competent jurisdiction and continue until completion of the matter, withdrawal approved by the court, or other lawful termination.

The Contractor agrees to provide all services in a manner consistent with:
– The United States Constitution;
– The Constitution and laws of the State of Georgia;
– All rules of professional conduct governing attorneys in Georgia;
– GPDC’s policies, procedures, and performance standards.

The Contractor shall maintain regular contact with clients, ensure thorough investigation and preparation, and provide zealous representation in all proceedings. The Contractor shall ensure that services are not denied based on race, color, religion, national origin, sex, disability, or age.

3. Term, Renewal, and Extension

This Agreement shall be effective for a term of one year unless otherwise terminated as provided herein. It may be renewed annually by mutual agreement. The Council may extend this Agreement temporarily to ensure continuity of representation. All terms and conditions of the Agreement shall remain in effect during any such extension.

4. Compensation

Compensation shall be provided according to the payment schedule outlined in the Annual Agreement. All payments are subject to the availability of funds and compliance with state and GPDC guidelines.

5. Independent Contractor Status

The Contractor is an independent contractor and not an employee of GPDC or the State of Georgia. The Contractor is solely responsible for all taxes, insurance, and benefits, and shall not hold themselves out as a representative or agent of GPDC.

6. Confidentiality and Access to Records

The Contractor shall maintain the confidentiality of all client information in accordance with applicable laws, including HIPAA. The Contractor shall grant access to client files and records as required by GPDC for audits and monitoring and shall retain all such records for a minimum of seven years.

7. Compliance with Laws and Policies

The Contractor agrees to comply with all applicable federal and state laws, including but not limited to non-discrimination, licensing, lobbying restrictions, and training obligations. This includes adherence to GPDC’s established policies and procedures and the execution of the Business Associate Agreement (BAA).

8. Indemnification

The Contractor agrees to indemnify, defend, and hold harmless the State of Georgia, GPDC, and its agents and employees from any and all claims, actions, damages, or liabilities arising from the Contractor’s performance under this Agreement.

9. Termination

This Agreement may be terminated by either party with written notice. Immediate termination may occur for cause, including but not limited to loss of required licensure, failure to perform duties, or violation of applicable laws or policies. Termination shall not affect any rights or obligations that accrued prior to termination.

10. Notices

All notices required under this Agreement shall be in writing and delivered by hand, certified mail, or email to the designated representatives of each party.

11. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Georgia. Venue for any disputes shall lie in the Superior Court of Fulton County, Georgia.

12. Miscellaneous

This Agreement constitutes the entire understanding between the parties. Any amendments must be in writing and signed by both parties. The Contractor may not assign this Agreement without the prior written consent of GPDC.

Signatures

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates below:

Contractor:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________

Georgia Public Defender Council:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________

Exhibits to Independent Contractor Services Agreement

Exhibit A: Business Associate Agreement (BAA)

This Business Associate Agreement (BAA) is entered into by and between the Georgia Public Defender Council (GPDC) and the Contractor. Contractor agrees to:
– Maintain the privacy and security of Protected Health Information (PHI);
– Use PHI only for purposes of performing services under the Agreement;
– Report any breaches of PHI to GPDC in accordance with HIPAA;
– Cooperate with GPDC in investigations or audits involving PHI;
– Ensure that all subcontractors and agents agree to the same terms.

Contractor shall implement appropriate administrative, technical, and physical safeguards to protect PHI. This agreement incorporates the HIPAA Security and Privacy Rules and shall survive the termination of the primary agreement.

IN WITNESS WHEREOF, the parties have executed this Business Associate Agreement as of the dates below:

Contractor:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________

Georgia Public Defender Council:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________

Exhibit B: Lobbying Restrictions

Pursuant to Section 1352 of Public Law 101-121, the Contractor certifies that:
– No federally appropriated funds will be used to influence legislation or federal contracts;
– Any use of non-federal funds for lobbying will be disclosed using Standard Form-LLL;
– These provisions apply to all subrecipients and lower-tier contractors;
– Penalties may apply for false certification or misuse of funds.

IN WITNESS WHEREOF, the parties have executed this Lobbying Certification as of the dates below:

Contractor:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________

Georgia Public Defender Council:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________

Exhibit C: Licensing Requirements

The Contractor certifies:
– They are licensed to practice law in Georgia and in good standing with the State Bar of Georgia;
– They will notify GPDC immediately of any changes to their license status;
– They will ensure subcontractors meet all applicable licensing requirements.

IN WITNESS WHEREOF, the parties have executed this Licensing Certification as of the dates below:

Contractor:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________

Georgia Public Defender Council:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________

Exhibit D: Training Requirements

Contractor agrees to:
– Complete a minimum of six hours of GPDC-approved CLE annually in indigent defense;
– Ensure CLE attendance is recorded and credits submitted to the State Bar;
– Pay any associated CLE fees required by the State Bar.
GPDC will provide CLE opportunities and assist in tracking and documentation.

IN WITNESS WHEREOF, the parties have executed this Training Acknowledgment as of the dates below:

Contractor:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________

Georgia Public Defender Council:

By: ________________________________
Name: ______________________________
Title: _______________________________
Date: ________________________________