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Indigent Defense Services

The NC Public Defense System

PAC Fund Updates Current Fee App Payment Dates

Please visit the following IDS webpage for details about determining indigency: https://www.ncids.org/indigency-defined/

In most cases, the court determines whether a person is entitled to appointed counsel at state expense. This authority is set out in NC G.S. 7A-451(a). In some situations, North Carolina law allows other officials—such as clerks of superior court or public defenders—to make a preliminary determination of indigency and entitlement.

  • North Carolina General Statute 7A-451 delineates the right to appointed counsel at state expense.
  • Additionally, counsel cannot be appointed for:
    • Witnesses – There is no statutory basis for appointing counsel at state expense for a witness:
      • The Judges’ Bench Book on Fifth Amendment privileges is explicit on this point: “[T]here is no statutory authorization for a judge to appoint counsel for a witness who is indigent, and thus the Office of Indigent Defense Services is not authorized to pay for such representation.”
    • Non-Parents in A/N/D Cases (very rare exceptions)
    • Most Class 3 Misdemeanors
  • And IDS does not pay for most GALs.

All appointments must comply with IDS Rules and Policies.
See IDS Rule 1.4

Appointment Plans: You can access local appointment plans by using the interactive NC county map posted here: https://www.ncids.org/map/. Select a county, and when the information window appears, click on the “More Info” hyperlink.

Our OASIS FAQ includes the following guidance for judges: https://www.ncids.org/oasis-guidance-for-judges/

In the rare event a fee app amount is reduced outside of court, here is what we need you to do:

If a judge authorizes a lower amount of hours than was claimed in Section I of a fee app they are advised to contact the IDS CFO, Aaron Gallagher, directly at [email protected] so that IDS can obtain reimbursement for any overpayment if the hours claimed that were already paid.

Under G.S. 7A-455, a trial court must direct that a civil judgment for the money value of services rendered be appointed counsel be entered against defendants who are convicted, whether at trial or by guilty plea. The value of services must be determined in accordance with IDS Rules and certain factors described by the statute. G.S. 7A-455(b). In addition to the value of services rendered, G.S. 7A455.1 requires convicted defendants to pay an appointment fee of seventy-five dollars. Before imposing attorney’s fees, the trial court must give the defendant notice of the total amount of fees to be imposed and ask the defendant personally whether he or she wishes to be heard on the issue.

State v. Friend, 257 N.C. App. 516, 523 (2018)