§ 7A-455. Partial indigency; liens; acquittals. - North Carolina Statutes

§ 7A‑455.  Partial indigency; liens; acquittals.

(a)        If, in the opinion of the court, an indigent person isfinancially able to pay a portion, but not all, of the value of the legalservices rendered for that person by assigned counsel, the public defender, orthe appellate defender, and other necessary expenses of representation, thecourt shall order the partially indigent person to pay such portion to theclerk of superior court for transmission to the State treasury.

(b)        In all cases the court shall direct that a judgment beentered in the office of the clerk of superior court for the money value ofservices rendered by assigned counsel, the public defender, or the appellatedefender, plus any sums allowed for other necessary expenses of representing theindigent person, including any fees and expenses that may have been allowedprior to final determination of the action to assigned counsel pursuant to G.S.7A‑458, which shall constitute a lien as prescribed by the general law ofthe State applicable to judgments. Any reimbursement to the State as providedin subsection (a) of this section or any funds collected by reason of suchjudgment shall be deposited in the State treasury and credited against thejudgment. The value of services shall be determined in accordance with rulesadopted by the Office of Indigent Defense Services. The money value of servicesrendered by the public defender and the appellate defender shall be based uponthe factors normally involved in fixing the fees of private attorneys, such asthe nature of the case, the time, effort, and responsibility involved, and thefee usually charged in similar cases. A district court judge shall direct entryof judgment for actions or proceedings finally determined in the district courtand a superior court judge shall direct entry of judgment for actions orproceedings originating in, heard on appeal in, or appealed from the superiorcourt. Even if the trial, appeal, hearing, or other proceeding is never held,preparation therefor is nevertheless compensable.

(b1)      In every case in which the State is entitled to a lienpursuant to this section, the public defender shall at the time of sentencingor other conclusion of the proceedings petition the court to enter judgment forthe value of the legal services rendered by the public defender, and theappellate defender shall upon completion of the appeal petition or request thetrial court to enter judgment for the value of the legal services rendered bythe appellate defender.

(c)        No order for partial payment under subsection (a) of thissection and no judgment under subsection (b) of this section shall be enteredunless the indigent person is convicted. If the indigent person is convicted,the order or judgment shall become effective and the judgment shall be docketedand indexed pursuant to G.S. 1‑233 et seq., in the amount then owing,upon the later of (i) the date upon which the conviction becomes final if theindigent person is not ordered, as a condition of probation, to pay the Stateof North Carolina for the costs of his representation in the case or (ii) thedate upon which the indigent person's probation is terminated or revoked if theindigent person is so ordered. No order for partial payment under subsection(a) of this section and no judgment under subsection (b) of this section shallbe entered for the value of legal services rendered to perfect an appeal to theAppellate Division or in postconviction proceedings, if all of the matters thatthe person raised in the proceeding are vacated, reversed, or remanded for anew trial or resentencing.

(d)        In all cases in which the entry of a judgment is authorizedunder G.S. 7A‑450.1 through G.S. 7A‑450.4 or under this section,the attorney, guardian ad litem, public defender, or appellate defender who renderedthe services or incurred the expenses for which the judgment is to be enteredshall obtain the social security number, if any, of each person against whomjudgment is to be entered. This number, or a certificate that the person has nosocial security number, shall be included in each fee application submitted byan assigned attorney, guardian ad litem, public defender, or appellatedefender, and no order for payment entered upon an application which does notinclude the required social security number or certification shall be valid toauthorize payment to the applicant from the Indigent Persons' Attorney FeeFund. Each judgment docketed against any person under this section or underG.S. 7A‑450.3 shall include the social security number, if any, of thejudgment debtor. (1969, c. 1013, s. 1;1983, c. 135, s. 2; 1983 (Reg. Sess., 1984), c. 1109, s. 12; 1985, c. 474, s.9; 1989 (Reg. Sess., 1990), c. 946, ss. 5, 6; 1991, c. 761, s. 4; 1991 (Reg.Sess., 1992), c. 900, s. 116(a); 2000‑144, s. 10; 2005‑254, s. 1.)