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Indigent Defense Services

Indigent Defense Services

The NC Public Defense System

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PAC Fund Updates Current Fee App Payment Dates

IDS Policies, Rules & Procedures

IDS Rules
Part 1Rules for Non-capital Criminal and Non-criminal Cases at the Trial Level
Part 2Rules for Capital Cases
Part 2 AppendixStandards for Capital Cases
Part 3Rules for Non-Capital Criminal and Non-Criminal Appeals
Part 4Rules for Inmate Access to the Courts
IDS Procedures
Appointment FeeUpdated Procedures to Attorney Appointments
Docketing InstructionsClerk Actions when a District Court Judge Orders a Civil Judgement for Attorney Fees
Statute of LimitationStatute of Limitation on Judgments for Indigent Attorney Fees
ScopeScope of Representation
Use of Foreign Language Interpreters (IDS)Out of Court Foreign Language Interpretation and Translation Services for Indigent Defendants and Respondents

Attorney Performance Standards

IDS Policies

Billing Policies

For AttorneysCapital and Post-ConvictionAttorney Fee and Expense Applications
Non-CapitalAttorney Fee and Expense Applications
Deadline WaiverExtensions and Waivers of Attorney Fee Applications
For ExpertsCapital and Post-ConvictionExpert Fee and Expense Applications
Non-CapitalExpert Fee and Expense Applications
For Managed Assigned Counsel (MAC)
Managed Assigned Counsel Policies
Managed Assigned Counsel Billing Review Guidelines
Class 3 Misdemeanors
Appointment and Payment of Counsel for Class 3 Misdemeanors
Form AOC-CR-224 – Order of Assignment or Denial of Counsel
IDS Teleconference Policy
IDS Teleconference Policy and Resources
Language Services – IDS and NCAOC Policies
Foreign Language Interpreter-Translator Policy
OLAS – Office of Language Access Services Homepage (Updated July 2024) – This webpage is on the staff intranet site (JUNO) and is accessible only to Judicial Branch state employees.
Standards for Language Access Services – Updated July 24, 2024
Language Access Updates to Standards and Initiating Forms | North Carolina Judicial Branch (nccourts.gov) – Memo describing two key updates from NCAOC’s Office of Language Access (OLAS) for standards and forms

Attorney Fee and Expense Policies

Private Attorney Fee and Expense PoliciesIDS Transcript Ordering Procedure – August 2024
Policy on Out-of-Court Foreign Language Interpretation and Translation Services for Indigent Defendants and Respondents
*** Link to Submit a Request for Spoken Foreign Language Court Interpreter
*** Link to AOC Standards on Spoken Foreign Language Interpreters
IDS Policies Governing Attorney Fee and Expense Applications in Potentially Capital Cases at the Trial Level, Appeals, and Capital Post-Conviction Cases
IDS Policies Governing Attorney Fee and Expense Applications in Non-Capital Criminal and Non-Criminal Cases at the Trial Level – Updated June 2024
“R” Files – Appointment and Payment of Counsel in Post-Release Supervision and Parole Preliminary Revocation Hearings Before a Hearing Officer, and Post-Release Supervision and Parole Revocation Hearings and Criminal Contempt Proceedings Before the Post-Release Supervision and Parole Commission.
Fee App Deadline Extension and Waiver ApplicationsExtension and Waiver of Appointed Attorney Fee Application Deadline Policy
IDS-018: Advance Deadline Extension Request Form – Permits a 30-day extension for use before the 1-year fee application deadline, when you anticipate not meeting the standard 1-year deadline.
IDS-019: Deadline Waiver Request Form – For use after the standard 1-year fee application deadline.

Policies for Defenders and IDS Staff

For Defender Offices and IDS Staff2025 State Bar Dues FAQJanuary 2025
Staff Notary Policy
Defender Special Travel and Training PolicyFebruary 2024
Defender Book Ordering PolicyFebruary 2024

Policies for Experts and Investigators

Capital Expert Fee and Expense Policies
Expert Fee and Expense Policies (Non-capital and Non-Criminal Cases at the Trial Level) – July 2023
Expert Fee and Expense Policies (Potentially Capital Cases and Appeals) – July 2023
FY07 Capital Trial Case Study: PAC and Expert Spending in Potentially Capital Cases at the Trial Level – December 2008
Out-of-Court Interpretation and Translation for Indigent Defendants and Respondents – November 2023

Case Specific Policies

Parent Defense
Link to Parent Defense Webpage
Appointment/Non-ParentAppointment of Non-Parent in A/N/D Proceedings
Payment of WitnessesPayment of Witnesses
Guardians ad Litem in A/N/D and Termination of Parental RightsAppointments of Guardians ad Litem in A/N/D and T/P/R Proceedings
Civil PaternityAppointment of Counsel for Indigent Defendants in Civil Paternity Proceedings
Depositions in A/N/D ProceedingsDepositions in A/N/D Proceedings
No-Merit BriefsNo-Merit Briefs Policy
No-Merit Briefs Checklist
Adjudication/Disposition Appeal Checklist
TPR Checklist
Other Orders Checklist
Entitlement to CounselIn A/N/D Proceedings After Permanent Plan
Entitlement to and Payment of GALsPolicy
Role of Trial Counsel Under Rule 3.1Division of Responsibility between Trial and Appellate Counsel
BillingBilling Guidelines
Appeals
Link to Appellate Defender Website
Conditions for PaymentConditions of Payment for Indigent Appellate Representation
Duty to MonitorAppellate Counsel’s Duty to Monitor Appointment of Trial Counsel After Relief is Granted Upon Appeal
MAR Pending AppealMotions for Appropriate Relief Pending Appeal
SBM AppealsPayment for Satellite Based Monitoring Appeals
Juvenile PrivacyRedaction of Juvenile Names in Appellate Briefs
ListservsSubscription to the Appellate Listserv
Anders BriefsAnders Briefs in Criminal and Delinquency Appeals
Appeals of Right to SCONCAppeals of Right to the Supreme Court of North Carolina Based Upon a Dissent in the Court of Appeals
TrainingMandatory Appellate Training
En BancMotions for En Banc Hearing and Rehearing Under Rule 31.1
of the North Carolina Rules of Appellate Procedure
PDRPetitions for Discretionary Review
Role of Trial Counsel Under Rule 3.1Division of Responsibility between Trial and Appellate Counsel who are Proceeding Under Rule 3.1
Capital Cases
Link to Capital Defender Website
Trial Attendance404
Billing GuidelinesAttorney Billing Practices
Cap on Cases (MIT)Cap per Mitigation Specialist on the number of Open Capital Cases at the Trial or Post-Conviction Level
Cap on Cases (TC)404
Mental Health Experts404
Exceptional404
Contact Visits404
Expert SpendingExpert Requests and Spending
TrainingMandatory Training
ConsultsMandatory Consultation and Notification Policies for Capital Post-Conviction Cases
Mitigation RosterMandatory Mitigation Specialist Rosters
RJARacial Justice Act Claims in Capital Cases at the Appellate and Post-Conviction Levels
Capital Post-Conviction
Successor MARRevised Successor MAR Policy
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Contact Us

Indigent Defense Services
123 West Main Street, Suite 400
Durham, North Carolina 27701
Phone: (919) 354-7200
Fax: (919) 354-7201

Attorney Fee Application Inquiry Line:
(919) 890-2188

Setoff Debt Program Taxpayer Inquiry Line:
(919) 890-1655

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