§ 7A-452. Source of counsel; fees; appellate records. - North Carolina Statutes

§ 7A‑452.  Source of counsel; fees; appellaterecords.

(a)        Upon the court's determination that a person is indigent andentitled to counsel under this Article, counsel shall be appointed inaccordance with rules adopted by the Office of Indigent Defense Services. Innoncapital cases, the court shall assign counsel pursuant to rules adopted bythe Office of Indigent Defense Services. In capital cases, the Office ofIndigent Defense Services or designee of the Office of Indigent DefenseServices shall assign counsel; at least one member of each capital defenseteam, where practicable, shall be a member of the bar in that division. In thecourts of those counties which have a public defender, however, the publicdefender may tentatively assign himself or an assistant public defender torepresent an indigent person, subject to subsequent determination ofentitlement to counsel by the court and approval by the court in noncapitalcases and by the Office of Indigent Defense Services in capital cases.

(b)        Fees of assigned counsel and salaries and other operatingexpenses of the offices of the public defenders shall be borne by the State.

(c)       (1)        Theclerk of superior court is authorized to make a determination of indigency andentitlement to counsel, as authorized by this Article. The word"court," as it is used in this Article and in any rules pursuant tothis Article, includes the clerk of superior court.

(2)        A judge of superior or district court having authority todetermine entitlement to counsel in a particular case may give directions tothe clerk with regard to the determination of entitlement to counsel in thatcase; may, if he finds it appropriate, change or modify the determination madeby the clerk; and may set aside a finding of waiver of counsel made by theclerk.

(d)        Unless a public defender or assistant public defender isappointed to serve, standby counsel appointed under G.S. 15A‑1243 shallreceive reasonable compensation to be paid by the State.

(e)        In cases in which an indigent person has entered notice ofappeal and appellate counsel has been appointed by the Office of IndigentDefense Services, the clerk of superior court shall make a copy of the completetrial division file in the case, make a copy of documentary exhibits uponrequest, and furnish those files and any requested documentary exhibits to theappointed attorney. (1969, c. 1013, s. 1;1971, c. 377, s. 32; 1973, c. 1286, s. 8; 1977, c. 711, s. 9; 1987 (Reg. Sess.,1988), c. 1037, s. 29; 2000‑144, s. 7; 2005‑148, s. 1.)