The State is seeking the death penalty against Brian Nichols in this murder case. He was declared indigent and counsel was appointed to represent him. Due to budgetary constraints of the Georgia Public Defender Standards Council, the trial court held a hearing to determine who would pay the escalating costs of Brian Nichols’ defense. At the conclusion of the hearing, the trial court entered an order requiring Fulton County to pay a portion of Nichols’ expenses. More particularly, the trial court ordered the county to cover the costs of transcribing telephone conversations made by or to Nichols at the jail and of presenting demonstrative evidence in the courtroom in a digital format. 1 The county filed this direct appeal, asserting the trial court erred in ordering it to pay costs associated with Nichols’ defense.
1. The solemn duty devolves upon this court to inquire into its jurisdiction to entertain each appeal and review the alleged errors of the trial court. Byrd v. Goodman,192 Ga. 466 (1) (15 SE2d 619 ) (1941). The jurisdiction of an appellate court to consider an appeal depends upon whether the appeal is taken in substantial compliance with the rules of appellate procedure prescribing the conditions under which the judgment of the trial court maybe considered appealable.
Trammel v. Clayton County Bd. of Commrs.,
The order in question is not a final judgment inasmuch as it stems from a case which remains pending below. OCGA § 5-6-34 (a) (1);
Crane v. State,
*571
The collateral order exception is to be applied if the order (1) resolves an issue that is “substantially separate” from the basic issues to be decided at trial, (2) would result in the loss of an important right if review had to await final judgment, and (3) completely and conclusively decides the issue on appeal such that nothing in the underlying action can affect it.
In re Paul,
2. It is argued that the costs in question are contingent expenses incurred in the course of a trial and that, therefore, they are to be paid by the county under OCGA § 15-6-24 (a). 2 We disagree.
“ ‘Before an officer can be required to pay out public money, or be justified in doing so, those who demand its payment should be able to show a clear provision of the law which entitles them to receive it.’ ”
Freeney v. Geoghegan,
In Maxwell v. Cumming,58 Ga. 384 [(1877)], this court strongly expressed its views as to the strictness with which the contingent expenses of the superior courts should be considered, and held that the statement that named expenses and similar items “shall be paid out of the county treasury ... upon the certificate of the judge of the superior court, and without further order,” did not authorize the issuance of mandamus as a matter of judicial discretion, but *572 forbade mandamus unless the expenditure approved by the court was expressly authorized by law.
Freeney v. Geoghegan, supra at 143-144.
The costs of transcribing telephone conversations at the jail and of presenting demonstrative evidence digitally are not expressly authorized. They are not the type of expenses that can be expected to be incurred ordinarily in a trial in superior court. It follows that the trial court erred in ordering Fulton County to pay these costs.
3. OCGA § 17-12-44, which was enacted in 1979, provided:
This article expressly recognizes the inherent power of the court to appoint counsel to represent indigent defendants and to order compensation and reimbursement from county funds in individual cases as the proper administration of justice may require.
Under this Code section, a court was empowered to order a county to pay for legal services for an indigent defendant in a capital felony case.
In re Straughan & Straughan,
Judgment reversed.
Notes
The trial court simultaneously ordered the Public Defender Standards Council to pay other defense costs, including attorney fees, expert fees and consultant fees.
This Code section reads:
Any contingent expenses incurred in holding any session of the superior court, including lights, fuel, stationery, rent, publication of grand jury presentments when ordered published, and similar items, such as taking down testimony in felony cases, etc., shall be paid out of the county treasury . . . upon the certificate of the judge of the superior court and without further order.