North Carolina

The Commission on Indigent Defense Services is composed of 13 members. The chief justice of the supreme court appoints one member, who must be an active or former member of the state judiciary. The governor appoints one member, who must be a non-attorney. The general assembly appoints two members, who must be attorneys (one upon recommendation of the president pro tempore of the senate and one upon recommendation of the speaker of the house). The following groups each appoint one member, who must be an attorney: the North Carolina Public Defender’s Association, the North Carolina State Bar, the North Carolina Bar Association, the North Carolina Academy of Trial Lawyers, the North Carolina Association of Black Lawyers, and the North Carolina Association of Women Lawyers. The commission appoints the final three members (all residing in different judicial districts), one must be a non-attorney, one must be an active member of the state judiciary, and one must be native American. Active prosecutors, law enforcement officials, judicial officers (except as specifically allowed), public defenders (except for part-time public defenders, contractors, or appointed attorneys), and IDS employees are prohibited from serving on the commission.

The Office of Indigent Defense Services (IDS) generally funds indigent defense in the state through appropriations. However, there are three alternative sources of revenue. First, in most criminal cases, a $5 fee is assessed, and all collected funds are remitted to IDS to fund private assigned counsel. Second, in every case where an indigent defendant receives appointed counsel and is convicted, the judge must order the defendant to pay an appointment fee of $75; $70 of each collected fee is placed into the indigent persons’ attorney fee fund. Third, upon conviction, a defendant may be ordered to pay a portion of the attorney fees for indigent defense services he or she received.

The senior resident superior court judge selects the chief public defender from a list of three or four nominees. The attorneys residing in the defender district propose two or three nominees from a ballot of all attorneys residing in the defender district. The administrative office of the courts submits another nominee, after consultation with the Office of Indigent Defense Services’ executive director.

If the county provides representation solely through private assigned counsel, a volunteer local bar committee selects the attorneys on the assigned counsel panel. If the county has a public defender office, the chief public defender selects the attorneys on the assigned counsel panel.

The Office of Indigent Defense Services is housed within the administrative office of the courts, which is in the judicial branch of North Carolina’s state government.