dissenting.
Because the evidence demonstrates a systemic breakdown of the public defender system, and the superior court has already made a finding in this regard, I see no reason to remand this case at this juncture. Accordingly, I respectfully dissent.
In denying Phan’s motion to dismiss for a speedy trial violation, the superior court made these findings of fact on May 11, 2009:
1. Gwinnett County is unable to pay for any part of this death penalty case. The Georgia Public Defender Standards Council is the agency charged with funding the defense.
*702Decided June 28, 2010 Reconsideration denied July 26, 2010. Bruce S. Harvey, Christopher W. Adams, for appellant. Daniel J. Porter, District Attorney, Lisa A. Jones, Assistant District Attorney, Thurbert E. Baker, Attorney General, for appellee.2. The Standards Council appointed Bruce Harvey and Chris Adams to represent Phan. Although Harvey has represented Phan for nearly four years,3 he has never been paid. Adams was paid until August 30, 2008. The Standards Council approved Adams’ bills, but it has been unable to pay for his services since that time.
3. In 2006 defense counsel asked for funds to travel to Vietnam to seek mitigation evidence. The Standards Council recognized that this request was completely valid and constitutionally required. Nevertheless, the Standards Council has not funded the trip.4
4. The Standards Council has no money to pay for Phan’s defense through June 30, 2010, and the superior court has “no way of predicting when and if this will change.” That is because the Standards Council “is unable to use any of [its] current funds to pay for this case or other similarly situated death penalty cases” and although the Standards Council sought additional funding in the legislature, it was not forthcoming.5
Based on the foregoing findings, the superior court denied Phan’s motion to dismiss but concluded that on account of “a systemic failure” the Standards Council failed to provide “the basic resources to mount an effective defense as required by the Georgia and United States Constitutions.” I agree with this conclusion and see no need for the superior court to revisit this issue. Instead, I would weigh Phan’s speedy trial claim under Barker v. Wingo, 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972), and enter the systemic failure of the public defender system into the calculus.
I am authorized to state that Chief Justice Hunstein and Justice Benham join this dissent.
*703Sarah L. Gerwig-Moore, Ashley Deadwyler, Dustin B. Weeks, Barclay R. Taylor, amici curiae.This representation has now spanned nearly five years. Originally, Harvey was to be paid $125 per hour; that sum was reduced to $95 per hour.
Mack Crawford, Executive Director of the Standards Council, testified at a hearing in 2008 that he was directed by the Governor to refuse authorization for international travel.
The Standards Council “requested $1.18 million to he applied retroactively to pay for this and other cases. The appropriation was approved by the House of Representatives hut was stricken from the budget in the Senate. The final budget bill contained no appropriation for this and similarly situated cases.”