The
IDS Commission and IDS Office
In
August 2000, the North Carolina General Assembly passed the Indigent Defense
Services Act of 2000 (“IDS Act”), which created the Office of Indigent Defense
Services (“IDS Office”) and its 13-member governing body, the Commission on
Indigent Defense Services (“IDS Commission”). On July 1, 2001, IDS assumed a number of responsibilities,
including: 1) overseeing the provision
of legal representation to indigent defendants and others entitled to counsel
under North Carolina law; 2) developing training, qualification, and
performance standards to govern the provision of legal services to indigent
persons; 3) determining the most appropriate methods of delivering legal
services to indigent persons in each judicial district; and 4) providing services
in the most cost-effective manner possible.
IDS’
goals are to recruit the best and brightest North Carolina attorneys to represent
indigent defendants; to ensure that every attorney representing indigent defendants
has the qualifications, training, support, resources, and consultation services
they need to be effective advocates; to create a system that will eliminate
the many recognized problems and conflicts caused by judges appointing and
compensating defense attorneys; and to manage the state’s indigent defense
fund in a more efficient and equitable manner. To accomplish these goals, the IDS Commission
developed rules to govern the continued delivery of services in cases under
its oversight. Those rules are posted
on the IDS website (www.ncids.org) and
published in North Carolina Rules of Court—State (West) and Annotated Rules
of North Carolina (LexisNexis). In addition, the IDS Office regularly works
with the Office of the Capital Defender and Office of the Appellate Defender
to recruit and evaluate attorneys for the statewide capital and appellate
rosters; to ensure that qualified attorneys are appointed to those cases in
a timely manner; to authorize necessary expert services to aid attorneys once
they are appointed to such cases; and to compensate attorneys and experts
for their services in such cases in a timely, uniform, and equitable manner.
IDS
has taken significant strides with a number of other initiatives designed
to improve the quality, efficiency, and cost-effectiveness of the state’s
indigent defense program. For example,
IDS has expanded the Office of the Capital Defender and created new regional
capital defender offices, created several new district public defender offices
and expanded some existing offices, and worked with the public defenders to
develop new plans for the appointment of counsel in non-capital cases in each
public defender district. IDS has also
increased the communication and resource-sharing among the private bar through
specialized listservs and other electronic means, and has worked with the
School of Government and other groups to develop and offer a number of new
and innovative training programs. After
conducting a statewide assessment of juvenile delinquency representation in
conjunction with the American Bar Association, IDS established a new statewide
Office of the Juvenile Defender to work on initiatives to improve the quality
of services provided to juveniles facing delinquency proceedings.
IDS also created a new Parent Representation Coordinator position to
improve the quality of services provided to parent respondents in abuse/neglect/dependency
and child support contempt cases. IDS has developed performance guidelines for
appointed counsel in non-capital criminal cases, as well as for attorneys
in delinquency and abuse/neglect/dependency cases.
IDS is also working to design a tool to measure the quality and efficiency
of indigent defense systems at the county, regional, and statewide levels.
For more information about the work of the IDS Commission and Office,
go to www.ncids.org and click on “Reports
& Data” to access IDS’ most recent report to the General Assembly.
North Carolina’s passage of the IDS Act makes
it a national leader in the development of quality, cost-effective, and accountable
indigent defense programs. Several other states—including Alabama, Georgia,
South Carolina, Virginia, and Texas—have looked to the IDS Act for guidance
in improving their own indigent defense programs. In the coming years, IDS should continue to
realize the goals of improving the quality of North Carolina’s indigent defense program and
controlling its cost.