§ 7A-498.3. Responsibilities of Office of Indigent Defense Services. - North Carolina Statutes

§ 7A‑498.3.  Responsibilities of Office ofIndigent Defense Services.

(a)        The Office of Indigent Defense Services shall be responsiblefor establishing, supervising, and maintaining a system for providing legalrepresentation and related services in the following cases:

(1)        Cases in which an indigent person is subject to adeprivation of liberty or other constitutionally protected interest and isentitled by law to legal representation;

(2)        Cases in which an indigent person is entitled to legalrepresentation under G.S. 7A‑451 and G.S. 7A‑451.1;

(2a)      Cases in which the State is legally obligated to providelegal assistance and access to the courts to inmates in the custody of theDepartment of Correction; and

(3)        Any other cases in which the Office of Indigent DefenseServices is designated by statute as responsible for providing legalrepresentation.

(b)        The Office of Indigent Defense Services shall developpolicies and procedures for determining indigency in cases subject to thisArticle, and those policies shall be applied uniformly throughout the State.Except in cases under subdivision (2a) of subsection (a) of this section, thecourt shall determine in each case whether a person is indigent and entitled tolegal representation, and counsel shall be appointed as provided in G.S. 7A‑452.

(c)        In all cases subject to this Article, appointment ofcounsel, determination of compensation, appointment of experts, and use offunds for experts and other services related to legal representation shall bein accordance with rules and procedures adopted by the Office of IndigentDefense Services.

(d)        The Office of Indigent Defense Services shall allocate anddisburse funds appropriated for legal representation and related services incases subject to this Article pursuant to rules and procedures established bythe Office. (2000‑144, s. 1;2005‑276, s. 14.9(a).)