§ 7A-498 – Title.
7A-498. Title. This Article shall be known and may be cited as the "Indigent Defense Services Act of 2000". (2000-144, s. 1.)
§ 7A-498.1 – Purpose.
7A-498.1. Purpose. 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 […]
§ 7A-498.2 – Establishment of Office of Indigent Defense Services.
7A-498.2. Establishment of Office of Indigent Defense Services. (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 and the Sentencing Services Program established in Article 61 of this Chapter, is created within the Administrative Office of the Courts. As […]
§ 7A-498.3 – (Effective until January 1, 2023) Responsibilities of Office of Indigent Defense Services.
7A-498.3. (Effective until January 1, 2023) Responsibilities of 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 […]
§ 7A-498.4 – Establishment of Commission on Indigent Defense Services.
7A-498.4. Establishment of Commission on Indigent Defense 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 […]
§ 7A-498.5 – Responsibilities of Commission.
7A-498.5. Responsibilities of Commission. (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 […]
§ 7A-498.6 – Director of Indigent Defense Services.
7A-498.6. Director of Indigent Defense Services. (a) The Director of Indigent Defense Services shall be appointed by the Commission for a term of four years. The salary of the Director shall be set by the General Assembly in the Current Operations Appropriations Act, after consultation with the Commission. The Director may be removed during this […]
§ 7A-498.7 – Public Defender Offices.
7A-498.7. Public Defender Offices. (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 1 Camden, Chowan, Currituck, Dare, Gates, Pasquotank, Perquimans 3A Pitt 3B Craven, Pamlico, Carteret 5 New Hanover 10 Wake […]
§ 7A-498.8 – Appellate Defender.
7A-498.8. Appellate Defender. (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 […]
§ 7A-498.9 – Annual report on Office of Indigent Defense Services.
7A-498.9. Annual report on Office of Indigent Defense Services. The Office of Indigent Defense Services shall report to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and to the Chairs of the House of Representatives and Senate Committees on Justice and Public Safety by March 15 of each year on […]