§ 7A-498.1. Purpose. (back)
Whenever a person is determined to be indigent and
entitled to counsel, it is the responsibility of the State under
the federal and state constitutions to provide that person with
counsel and the other necessary expenses of representation. The
purpose of this Article is to:

(1) Enhance oversight of the delivery of counsel and
related services provided at State expense;

(2) Improve the quality of representation and ensure
the independence of counsel;

(3) Establish uniform policies and procedures for the
delivery of services;

(4) Generate reliable statistical information in order
to evaluate the services provided and funds
expended; and

(5) Deliver services in the most efficient and cost-
effective manner without sacrificing quality
representation. (2000-144, s. 1.)

§ 7A-498.2. Establishment of Office of Indigent Defense Services. (back)
(a)The Office of Indigent Defense Services, which is
administered by the Director of Indigent Defense Services and
includes the Commission on Indigent Defense Services, is created
within the Judicial Department. As used in this Article,
"Office" means the Office of Indigent Defense Services,
"Director" means the Director of Indigent Defense Services, and
"Commission" means the Commission on Indigent Defense Services.

(b) The Office of Indigent Defense Services shall exercise
its prescribed powers independently of the head of the
Administrative Office of the Courts. The Office may enter into
contracts, own property, and accept funds, grants, and gifts
from any public or private source to pay expenses incident to
implementing its purposes.

(c) The Director of the Administrative Office of the Courts
shall provide general administrative support to the Office of
Indigent Defense Services. The term "general administrative
support" includes purchasing, payroll, and similar
administrative services.

(d) The budget of the Office of Indigent Defense Services
shall be a part of the Judicial Department's budget. The
Commission on Indigent Defense Services shall consult with the
Director of the Administrative Office of the Courts, who shall
assist the Commission in preparing and presenting to the General
Assembly the Office's budget, but the Commission shall have the
final authority with respect to preparation of the Office's
budget and with respect to representation of matters pertaining
to the Office before the General Assembly.

(e) The Director of the Administrative Office of the Courts
shall not reduce or modify the budget of the Office of Indigent
Defense Services or use funds appropriated to the Office without
the approval of the Commission. (2000-144, s. 1.)

§ 7A-498.3. (Effective July 1, 2001) Responsibilities of (back)
Office of Indigent Defense Services.
(a)The Office of Indigent Defense Services shall be
responsible for establishing, supervising, and maintaining a
system for providing legal representation and related services
in the following cases:

(1) Cases in which an indigent person is subject to a
deprivation of liberty or other constitutionally
protected interest and is entitled by law to legal
representation;

(2) Cases in which an indigent person is entitled to
legal representation under G.S. 7A-451 and G.S. 7A-
451.1; and

(3) Any other cases in which the Office of Indigent
Defense Services is designated by statute as
responsible for providing legal representation.

(b) The Office of Indigent Defense Services shall develop
policies and procedures for determining indigency in cases
subject to this Article, and those policies shall be applied
uniformly throughout the State. The court shall determine in
each case whether a person is indigent and entitled to legal
representation, and counsel shall be appointed as provided in
G.S. 7A-452.

(c) In all cases subject to this Article, appointment of
counsel, determination of compensation, appointment of experts,
and use of funds for experts and other services related to legal
representation shall be in accordance with rules and procedures
adopted by the Office of Indigent Defense Services.

(d) The Office of Indigent Defense Services shall allocate
and disburse funds appropriated for legal representation and
related services in cases subject to this Article pursuant to
rules and procedures established by the Office. (2000-144, s.
1.)

§ 7A-498.4. Establishment of Commission on Indigent Defense (back)
Services.
(a)The Commission on Indigent Defense Services is created
within the Office of Indigent Defense Services and shall consist
of 13 members. To create an effective working group, assure
continuity, and achieve staggered terms, the Commission shall be
appointed as provided in this section.

(b) The members of the Commission shall be appointed as
follows:

(1) The Chief Justice of the North Carolina Supreme
Court shall appoint one member, who shall be an
active or former member of the North Carolina
judiciary.

(2) The Governor shall appoint one member, who shall be
a nonattorney.

(3) The General Assembly shall appoint one member upon
the recommendation of the President Pro Tempore of
the Senate.

(4) The General Assembly shall appoint one member upon
the recommendation of the Speaker of the House of
Representatives.

(5) The North Carolina Public Defenders Association
shall appoint one member.

(6) The North Carolina State Bar shall appoint one
member.

(7) The North Carolina Bar Association shall appoint
one member.

(8) The North Carolina Academy of Trial Lawyers shall
appoint one member.

(9) The North Carolina Association of Black Lawyers
shall appoint one member.

(10) The North Carolina Association of Women Lawyers
shall appoint one member.

(11) The Commission shall appoint three members, who
shall reside in different judicial districts from
one another. One appointee shall be a nonattorney,
and one appointee may be an active member of the
North Carolina judiciary. One appointee shall be
Native American. The initial three members
satisfying this subdivision shall be appointed as
provided in subsection (k) of this section.

(c) The terms of members appointed pursuant to subsection (b)
of this section shall be as follows:

(1) The initial appointments by the Chief Justice, the
Governor, and the General Assembly shall be for
four years.

(2) The initial appointments by the Public Defenders
Association and State Bar, and one appointment by
the Commission, shall be for three years.

(3) The initial appointments by the Bar Association and
Trial Academy, and one appointment by the
Commission, shall be for two years.

(4) The initial appointments by the Black Lawyers
Association and Women Lawyers Association, and one
appointment by the Commission, shall be for one
year.

At the expiration of these initial terms, appointments shall
be for four years and shall be made by the appointing
authorities designated in subsection (b) of this section. No
person shall serve more than two consecutive four-year terms
plus any initial term of less than four years.

(d) Persons appointed to the Commission shall have
significant experience in the defense of criminal or other cases
subject to this Article or shall have demonstrated a strong
commitment to quality representation in indigent defense
matters. No active prosecutors or law enforcement officials, or
active employees of such persons, may be appointed to or serve
on the Commission. No active judicial officials, or active
employees of such persons, may be appointed to or serve on the
Commission, except as provided in subsection (b) of this
section. No active public defenders, active employees of public
defenders, or other active employees of the Office of Indigent
Defense Services may be appointed to or serve on the Commission,
except that notwithstanding this subsection, G.S. 14-234, or any
other provision of law, Commission members may include part-time
public defenders employed by the Office of Indigent Defense
Services and may include persons, or employees of persons or
organizations, who provide legal services subject to this
Article as contractors or appointed attorneys.

(e) All members of the Commission are entitled to vote on any
matters coming before the Commission unless otherwise provided
by rules adopted by the Commission concerning voting on matters
in which a member has, or appears to have, a financial or other
personal interest.

(f) Each member of the Commission shall serve until a
successor in office has been appointed. Vacancies shall be
filled by appointment by the appointing authority for the
unexpired term. Removal of Commission members shall be in
accordance with policies and procedures adopted by the
Commission.

(g) A quorum for purposes of conducting Commission business
shall be a majority of the members of the Commission.

(h) The Commission shall elect a Commission chair from the
members of the Commission for a term of two years.

(i) The Director of Indigent Defense Services shall attend
all Commission meetings except those relating to removal or
reappointment of the Director or allegations of misconduct by
the Director. The Director shall not vote on any matter decided
by the Commission.

(j) Commission members shall not receive compensation but are
entitled to be paid necessary subsistence and travel expenses in
accordance with G.S. 138-5 and G.S. 138-6 as applicable.

(k) The Commission shall hold its first meeting no later than
September 15, 2000. All appointments to the Commission specified
in subdivisions (1) through (10) of subsection (b) of this
section shall be made by the appointing authorities by September
1, 2000. The appointee of the Chief Justice shall convene the
first meeting. No later than 30 days after its first meeting,
the Commission shall make the appointments specified in
subdivision (11) of subsection (b) of this section and shall
elect its chair. (2000-144, s. 1.)

§ 7A-498.5. Responsibilities of Commission. (back)
(a)The Commission shall have as its principal purpose the
development and improvement of programs by which the Office of
Indigent Defense Services provides legal representation to
indigent persons.

(b) The Commission shall appoint the Director of the Office
of Indigent Defense Services, who shall be chosen on the basis
of training, experience, and other qualifications. The
Commission shall consult with the Chief Justice and Director of
the Administrative Office of the Courts in selecting a Director,
but shall have final authority in making the appointment.

(c) The Commission shall develop standards governing the
provision of services under this Article. The standards shall
include:

(1) Standards for maintaining and operating regional
and district public defender offices and appellate
defender offices, including requirements regarding
qualifications, training, and size of the legal and
supporting staff;

(2) Standards prescribing minimum experience, training,
and other qualifications for appointed counsel;

(3) Standards for public defender and appointed counsel
caseloads;

(4) Standards for the performance of public defenders
and appointed counsel;

(5) Standards for the independent, competent, and
efficient representation of clients whose cases
present conflicts of interest, in both the trial
and appellate courts;

(6) Standards for providing and compensating experts
and others who provide services related to legal
representation;

(7) Standards for qualifications and performance in
capital cases; and

(8) Standards for determining indigency and for
assessing and collecting the costs of legal
representation and related services.

(d) The Commission shall determine the methods for delivering
legal services to indigent persons eligible for legal
representation under this Article and shall establish in each
district or combination of districts a system of appointed
counsel, contract counsel, part-time public defenders, public
defender offices, appellate defender services, and other methods
for delivering counsel services, or any combination of these
services.

(e) In determining the method of services to be provided in a
particular district, the Director shall consult with the
district bar as defined in G.S. 84-19 and the judges of the
district or districts under consideration. The Commission shall
adopt procedures ensuring that affected local bars have the
opportunity to be significantly involved in determining the
method or methods for delivering services in their districts.
The Commission shall solicit written comments from the affected
local district bar, senior resident superior court judge, and
chief district court judge. Those comments, along with the
recommendations of the Commission, shall be forwarded to the
members of the General Assembly who represent the affected
district and to other interested parties.

(f) The Commission shall establish policies and procedures
with respect to the distribution of funds appropriated under
this Article, including rates of compensation for appointed
counsel, schedules of allowable expenses, appointment and
compensation of expert witnesses, and procedures for applying
for and receiving compensation.

(g) The Commission shall approve and recommend to the General
Assembly a budget for the Office of Indigent Defense Services.

(h) The Commission shall adopt such other rules and
procedures as it deems necessary for the conduct of business by
the Commission and the Office of Indigent Defense Services.
(2000-144, s. 1.)

§ 7A-498.6. Director of Indigent Defense Services. (back)
(a)The Director of Indigent Defense Services shall be
appointed by the Commission for a term of four years. The
Director may be removed during this term in the discretion of
the Commission by a vote of two-thirds of all of the Commission
members. The Director shall be an attorney licensed and eligible
to practice in the courts of this State at the time of
appointment and at all times during service as the Director.

(b) The Director shall:

(1) Prepare and submit to the Commission a proposed
budget for the Office of Indigent Defense Services,
an annual report containing pertinent data on the
operations, costs, and needs of the Office, and
such other information as the Commission may
require;

(2) Assist the Commission in developing rules and
standards for the delivery of services under this
Article;

(3) Administer and coordinate the operations of the
Office and supervise compliance with standards
adopted by the Commission;

(4) Subject to policies and procedures established by
the Commission, hire such professional, technical,
and support personnel as deemed reasonably
necessary for the efficient operation of the Office
of Indigent Defense Services;

(5) Keep and maintain proper financial records for use
in calculating the costs of the operations of the
Office of Indigent Defense Services;

(6) Apply for and accept on behalf of the Office of
Indigent Defense Services any funds that may become
available from government grants, private gifts,
donations, or bequests from any source;

(7) Coordinate the services of the Office of Indigent
Defense Services with any federal, county, or
private programs established to provide assistance
to indigent persons in cases subject to this
Article and consult with professional bodies
concerning improving the administration of indigent
services;

(8) Conduct training programs for attorneys and others
involved in the legal representation of persons
subject to this Article; and

(9) Perform other duties as the Commission may assign.
(2000-144, s. 1.)

§ 7A-498.7. (Effective July 1, 2001) Public Defender Offices. (back)
(a)The following counties of the State are organized into
the defender districts listed below, and in each of those
defender districts an office of public defender is established:
Defender District Counties

After notice to, and consultation with, the affected district
bar, senior resident superior court judge, and chief district
court judge, the Commission on Indigent Defense Services may
recommend to the General Assembly that a district or regional
public defender office be established. A legislative act is
required in order to establish a new office or to abolish an
existing office.

(b) For each new term, and to fill any vacancy, public
defenders shall be appointed from a list of not less than two
and not more than three names nominated by written ballot of the
attorneys resident in the defender district who are licensed to
practice law in North Carolina. The balloting shall be conducted
pursuant to rules adopted by the Commission on Indigent Defense
Services. The appointment shall be made by the senior resident
superior court judge of the superior court district or set of
districts as defined in G.S. 7A-44.1 that includes the county or
counties of the defender district for which the public defender
is being appointed.

(c) A public defender shall be an attorney licensed to
practice law in North Carolina and shall devote full time to the
duties of the office. In lieu of merit and other increment
raises paid to regular State employees, a public defender shall
receive as longevity pay an amount equal to four and eight-
tenths percent (4.8%) of the annual salary set forth in the
Current Operations Appropriations Act payable monthly after five
years of service, nine and six-tenths percent (9.6%) after 10
years of service, fourteen and four-tenths percent (14.4%) after
15 years of service, and nineteen and two-tenths percent (19.2%)
after 20 years of service. "Service" means service as a public
defender, appellate defender, assistant public or appellate
defender, assistant district attorney, justice or judge of the
General Court of Justice, or clerk of superior court.

(d) Subject to standards adopted by the Commission, the day-
to-day operation and administration of public defender offices
shall be the responsibility of the public defender in charge of
the office. The public defender shall keep appropriate records
and make periodic reports, as requested, to the Director of the
Office of Indigent Defense Services on matters related to the
operation of the office.

(e) The Office of Indigent Defense Services shall procure
office equipment and supplies for the public defender, and
provide secretarial and library support from State funds
appropriated to the public defender's office for this purpose.

(f) Each public defender is entitled to assistant public
defenders, investigators, and other staff, full-time or part-
time, as may be authorized by the Commission. Assistants,
investigators, and other staff are appointed by the public
defender and serve at the pleasure of the public defender.
Average and minimum compensation of assistants shall be as
provided in the biennial Current Operations Appropriations Act.
The actual salaries of assistants shall be set by the public
defender in charge of the office, subject to approval by the
Commission. The Commission shall fix the compensation of
investigators. Assistants and investigators shall perform such
duties as may be assigned by the public defender.

(g) In lieu of merit and other increment raises paid to
regular State employees, an assistant public defender shall
receive as longevity pay an amount equal to four and eight-
tenths percent (4.8%) of the annual salary set forth in the
Current Operations Appropriations Act payable monthly after five
years of service, nine and six-tenths percent (9.6%) after 10
years of service, fourteen and four-tenths percent (14.4%) after
15 years of service, and nineteen and two-tenths percent (19.2%)
after 20 years of service. "Service" means service as a public
defender, appellate defender, assistant public or appellate
defender, assistant district attorney, justice or judge of the
General Court of Justice, or clerk of superior court.

(h) The term of office of public defender appointed under
this section is four years. A public defender or assistant
public defender may be suspended or removed from office, and
reinstated, for the same causes and under the same procedures as
are applicable to removal of a district attorney. (2000-144, s.
1.)

§ 7A-498.8. (Effective July 1, 2001) Appellate Defender. (back)
(a)The appellate defender shall be appointed by the
Commission on Indigent Defense Services for a term of four
years. A vacancy in the office of appellate defender shall be
filled by appointment of the Commission on Indigent Defense
Services for the unexpired term. The appellate defender may be
suspended or removed from office for cause by two-thirds vote of
all the members of the Commission on Indigent Defense Services.
The Commission shall provide the appellate defender with timely
written notice of the alleged causes and an opportunity for
hearing before the Commission prior to taking any final action
to remove or suspend the appellate defender, and the appellate
defender shall be given written notice of the Commission's
decision. The appellate defender may obtain judicial review of
suspension or removal by the Commission by filing a petition
within 30 days of receiving notice of the decision with the
Superior Court of Wake County. Review of the Commission's
decision shall be heard on the record and not as a de novo
review or trial de novo. The Commission shall adopt rules
implementing this section.

(b) The appellate defender shall perform such duties as may
be directed by the Office of Indigent Defense Services,
including:

(1) Representing indigent persons subsequent to
conviction in trial courts. The Office of Indigent
Defense Services may, following consultation with
the appellate defender and consistent with the
resources available to the appellate defender to
ensure quality criminal defense services by the
appellate defender's office, assign appeals, or
authorize the appellate defender to assign appeals,
to a local public defender's office or to private
assigned counsel.

(2) Maintaining a clearinghouse of materials and a
repository of briefs prepared by the appellate
defender to be made available to private counsel
representing indigents in criminal cases.

(3) Providing continuing legal education training to
assistant appellate defenders and to private
counsel representing indigents in criminal cases,
including capital cases, as resources are
available.

(4) Providing consulting services to attorneys
representing defendants in capital cases.

(5) Recruiting qualified members of the private bar who
are willing to provide representation in State and
federal death penalty postconviction proceedings.

(6) In the appellate defender's discretion, serving as
counsel of record for indigent defendants in
capital cases in State court.

(7) Undertaking direct representation and consultation
in capital cases pending in federal court only to
the extent that such work is fully federally
funded.

(c) The appellate defender shall appoint assistants and
staff, not to exceed the number authorized by the Office of
Indigent Defense Services. The assistants and staff shall serve
at the pleasure of the appellate defender.

(d) Funds to operate the office of appellate defender,
including office space, office equipment, supplies, postage,
telephone, library, staff salaries, training, and travel, shall
be provided by the Office of Indigent Defense Services from
funds authorized by law. Salaries shall be set by the Office of
Indigent Defense Services. (2000-144, s. 1.)