§ 7A-498.2. Establishment of Office of Indigent Defense Services. - North Carolina Statutes

§ 7A‑498.2.  Establishment of Office of IndigentDefense Services.

(a)        The Office of Indigent Defense Services, which isadministered by the Director of Indigent Defense Services and includes theCommission on Indigent Defense Services and the Sentencing Services Programestablished in Article 61 of this Chapter, is created within the JudicialDepartment. As used in this Article, "Office" means the Office ofIndigent Defense Services, "Director" means the Director of IndigentDefense Services, and "Commission" means the Commission on IndigentDefense Services.

(b)        The Office of Indigent Defense Services shall exercise itsprescribed powers independently of the head of the Administrative Office of theCourts. The Office may enter into contracts, own property, and accept funds,grants, and gifts from any public or private source to pay expenses incident toimplementing its purposes.

(c)        The Director of the Administrative Office of the Courtsshall provide general administrative support to the Office of Indigent DefenseServices. The term "general administrative support" includespurchasing, payroll, and similar administrative services.

(d)        The budget of the Office of Indigent Defense Services shallbe a part of the Judicial Department's budget. The Commission on IndigentDefense Services shall consult with the Director of the Administrative Officeof the Courts, who shall assist the Commission in preparing and presenting tothe General Assembly the Office's budget, but the Commission shall have thefinal authority with respect to preparation of the Office's budget and withrespect to representation of matters pertaining to the Office before theGeneral Assembly.

(e)        The Director of the Administrative Office of the Courtsshall not reduce or modify the budget of the Office of Indigent DefenseServices or use funds appropriated to the Office without the approval of theCommission. (2000‑144, s. 1;2002‑126, s. 14.7(b).)