Top Public Defender Set to Retire

By Odette Yousef

Atlanta, GA – The head of the state's Public Defenders Standards Council retires on July 1st. Michael Mears helped turn indigent defense in Georgia into a model system that other states emulate.

But recent funding woes threaten the institution.

Mears doesn't pause for a second when asked what qualities his successor will need.

MEARS: Someone with a very thick skin.

Mears has directed the Council since it opened two years ago.

It was Georgia's way of standardizing and centralizing the logistics of indigent defense across the state. Mears says it was badly needed, because counties were providing spotty defense for the poor.

MEARS: You see, if you have a system where you get one level and one quality of representation in one county, and then you go to another county and you get a different level, then you have unequal justice being served.

Despite the Council's success, it's come under fire this year for mounting costs. It did not receive nine-and-a-half million dollars that the state had promised, and the costly trial of accused courthouse shooter Brian Nichols is draining the system.

Some Georgia lawmakers have accused Mears of spending irresponsibly. He categorically refutes that.

MEARS: I think we've done a remarkable job in providing representation with the limitations being placed on our budget.

And some lawmakers want to cut the council's budget. Mears says that's shortsighted.

MEARS: Those cases that are not adequately and effectively because the attorneys aren't being paid well, or they don't have the resources, or they're simply not there, will result in cases being reversed by the appellate courts

Mears' biggest concern about the Council's future is funding certainty.

MEARS: The number of cases is not level, it's not static, and it's constantly increasing. And, that is one area that I think the state is going to have to come to grips with, and thus find a better way to ensure funding that reflects the need.

Mears says that the money woes have nothing to do with his decision to leave. He'll be teaching at Atlanta's John Marshall Law School, something he's wanted to do since becoming an attorney 30 years ago.