In criminal trials a state can no more discriminate on account of poverty than on account of religion, race, or color. Plainly, the ability to pay costs in advance bears no rational relationship to a defendant’s guilt or innocence and could not be used as an excuse to deprive a defendant of a fair trial. There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Associate Justice Hugo Black
Capital Defender
The Office of the Capital Defender (OCD) represents indigent adult clients charged with potentially capital cases at the trial level. OCD strives to provide each client with competent, zealous, and cost-effective representation.
In addition, the Office of the Capital Defender:
- Performs case consultations with trial attorneys who represent defendants in potentially capital cases.
- Maintains a listserv for attorneys who handle these cases.
- Works with other groups to develop and present specialized training programs for capital defense attorneys.
OCD maintains regional offices in Buncombe, Durham, Forsyth, Nash, New Hanover, and Robeson Counties.
Frequently Requested Forms
- Expense Reimbursement Rates May 2021
- Fee Application, Attorney May 2021For Every Case Appointed By Capital Defender, Regardless Of Outcome
- IDS-010 – Non-Capital Designation May 2021When 2 Attorneys Are Appointed And Case Is Non-Capital
- IDS-024 – Exceptional Case Application May 2021Submit Before Exceeding $10K P.I./Mitigation Limits Or $35K Attorney Limit
- IDS-025 – Pre-Trial Case Info May 2021Submit Within 10 Days Of Appt.
- IDS-026 – Outcome of Rule 24 Hearing Form Apr 2021Submit Within 5 Days Of R.24
- IDS-027 – Trial Date Setting May 2021Submit As Soon As Known
- IDS-028 – Ex Parte Request for Expert Funding (Capital Trial) Apr 2022
- IDS-031 Racial Justice Act Fee Addendum Aug 2012
- IDS-036 – Outcome Of Case Form May 2021Submit Before Final Fee
- IDS-037 Case Status Fee Application Addendum Oct 2017Required For Every Fee
- Pre-Trial Budget May 2021Submit When Team Expenditures Exceed $75K Or Higher