§ 122C-270. Attorneys to represent the respondent and the State. - North Carolina Statutes

§ 122C‑270.  Attorneysto represent the respondent and the State.

(a)        In a superior courtdistrict or set of districts as defined in G.S. 7A‑41.1 in which a Statefacility for the mentally ill is located, the Commission on Indigent DefenseServices shall appoint an attorney licensed to practice in North Carolina asspecial counsel for indigent respondents who are mentally ill. These specialcounsel shall serve at the pleasure of the Commission, may not privatelypractice law, and shall receive annual compensation within the salary range forassistant public defenders as fixed by the Office of Indigent Defense Services.The special counsel shall represent all indigent respondents at all hearings,rehearings, and supplemental hearings held at the State facility. Specialcounsel shall determine indigency in accordance with G.S. 7A‑450(a).Indigency is subject to redetermination by the presiding judge. If therespondent appeals, counsel for the appeal shall be appointed in accordancewith rules adopted by the Office of Indigent Defense Services.

(b)        The State facilityshall provide suitable office space for the counsel to meet privately withrespondents. The Office of Indigent Defense Services shall provide secretarialand clerical service and necessary equipment and supplies for the office.

(c)        In the event of avacancy in the office of special counsel, counsel's incapacity, or a conflictof interest, counsel for indigents at hearings or rehearings may be assigned inaccordance with rules adopted by the Office of Indigent Defense Services. Nomileage or compensation for travel time is paid to a counsel appointed pursuantto this subsection. Counsel may also be so assigned when, in the opinion of theDirector of the Office of Indigent Defense Services, the volume of caseswarrants.

(d)        At hearings held incounties other than those designated in subsection (a) of this section, counselfor indigent respondents shall be appointed in accordance with rules adopted bythe Office of Indigent Defense Services.

(e)        If the respondentis committed to a non‑State 24‑hour facility, assigned counselremains responsible for the respondent's representation at the trial leveluntil discharged by order of district court, until the respondent isunconditionally discharged from the facility, or until the respondentvoluntarily admits himself or herself to the facility. If the respondent istransferred to a State facility for the mentally ill, assigned counsel isdischarged. If the respondent appeals, counsel for the appeal shall be appointedin accordance with rules adopted by the Office of Indigent Defense Services.

(f)         The AttorneyGeneral may employ four attorneys, one to be assigned by him full‑time toeach of the State facilities for the mentally ill, to represent the State'sinterest at commitment hearings, rehearings and supplemental hearings heldunder this Article at the State facilities for respondents admitted to thosefacilities pursuant to Part 3, 4, 7, or 8 of this Article or G.S. 15A‑1321and to provide liaison and consultation services concerning these matters.These attorneys are subject to Chapter 126 of the General Statutes and shallalso perform additional duties as may be assigned by the Attorney General. Theattorney employed by the Attorney General in accordance with G.S. 114‑4.2Bshall represent the State's interest at commitment hearings, rehearings andsupplemental hearings held for respondents admitted to the University of NorthCarolina Hospitals at Chapel Hill pursuant to Part 3, 4, 7, or 8 of thisArticle or G.S. 15A‑1321. (1973, c. 47, s. 2; c. 1408, s. 1; 1977, c. 400, s.11; 1979, c. 915, s. 12; 1983, c. 275, ss. 1, 2; 1985, c. 589, s. 2; 1987 (Reg.Sess., 1988), c. 1037, s. 115; 1989, c. 141, s. 12; 1991, c. 257, s. 1; 1995(Reg. Sess., 1996), c. 739, s. 12(a); 2000‑144, s. 42; 2006‑264, s.61(a).)