§ 7A-450. Indigency; definition; entitlement; determination; change of status. - North Carolina Statutes

SUBCHAPTER IX. REPRESENTATION OF INDIGENT PERSONS.

Article 36.

Entitlement of Indigent Persons Generally.

§ 7A‑450.  Indigency; definition; entitlement;determination; change of status.

(a)        An indigent person is a person who is financially unable tosecure legal representation and to provide all other necessary expenses ofrepresentation in an action or proceeding enumerated in this Subchapter. Aninterpreter is a necessary expense as defined in Chapter 8B of the GeneralStatutes for a deaf person who is entitled to counsel under this subsection.

(b)        Whenever a person, under the standards and procedures setout in this Subchapter, is determined to be an indigent person entitled tocounsel, it is the responsibility of the State to provide him with counsel andthe other necessary expenses of representation. The professional relationshipof counsel so provided to the indigent person he represents is the same as ifcounsel had been privately retained by the indigent person.

(b1)      An indigent person indicted for murder may not be tried wherethe State is seeking the death penalty without an assistant counsel beingappointed in a timely manner. If the indigent person is represented by thepublic defender's office, the requirement of an assistant counsel may be satisfiedby the assignment to the case of an additional attorney from the publicdefender's staff.

(c)        The question of indigency may be determined or redeterminedby the court at any stage of the action or proceeding at which an indigent isentitled to representation.

(d)        If, at any stage in the action or proceeding, a personpreviously determined to be indigent becomes financially able to secure legalrepresentation and provide other necessary expenses of representation, he mustinform the counsel appointed by the court to represent him of that fact. Insuch a case, that information is not included in the attorney client privilege,and counsel must promptly inform the court of that information. (1969, c. 1013, s. 1; 1981, c. 409, s. 2; c. 937, s.3; 1985, c. 698, s. 22(a); 2000‑144, s. 5.)