(a) The Commission shall have as its principal purpose thedevelopment and improvement of programs by which the Office of Indigent DefenseServices provides legal representation to indigent persons.
(b) The Commission shall appoint the Director of the Office ofIndigent Defense Services, who shall be chosen on the basis of training,experience, and other qualifications. The Commission shall consult with theChief Justice and Director of the Administrative Office of the Courts inselecting a Director, but shall have final authority in making the appointment.
(c) The Commission shall develop standards governing theprovision of services under this Article. The standards shall include:
(1) Standards for maintaining and operating regional anddistrict public defender offices and appellate defender offices, includingrequirements regarding qualifications, training, and size of the legal andsupporting staff;
(2) Standards prescribing minimum experience, training, and otherqualifications for appointed counsel;
(3) Standards for public defender and appointed counselcaseloads;
(4) Standards for the performance of public defenders andappointed counsel;
(5) Standards for the independent, competent, and efficientrepresentation of clients whose cases present conflicts of interest, in boththe trial and appellate courts;
(6) Standards for providing and compensating experts and otherswho provide services related to legal representation;
(7) Standards for qualifications and performance in capitalcases, consistent with any rules adopted by the Supreme Court; and
(8) Standards for determining indigency and for assessing andcollecting the costs of legal representation and related services.
(d) The Commission shall determine the methods for deliveringlegal services to indigent persons eligible for legal representation under thisArticle and shall establish in each district or combination of districts asystem of appointed counsel, contract counsel, part‑time publicdefenders, public defender offices, appellate defender services, and othermethods for delivering counsel services, or any combination of these services.
(e) In determining the method of services to be provided in aparticular district, the Director shall consult with the district bar asdefined in G.S. 84‑19 and the judges of the district or districts underconsideration. The Commission shall adopt procedures ensuring that affectedlocal bars have the opportunity to be significantly involved in determining themethod or methods for delivering services in their districts. The Commissionshall solicit written comments from the affected local district bar, seniorresident superior court judge, and chief district court judge. Those comments,along with the recommendations of the Commission, shall be forwarded to themembers of the General Assembly who represent the affected district and toother interested parties.
(f) The Commission shall establish policies and procedures withrespect to the distribution of funds appropriated under this Article, includingrates of compensation for appointed counsel, schedules of allowable expenses,appointment and compensation of expert witnesses, and procedures for applyingfor and receiving compensation.
(g) The Commission shall approve and recommend to the GeneralAssembly a budget for the Office of Indigent Defense Services.
(h) The Commission shall adopt such other rules and proceduresas it deems necessary for the conduct of business by the Commission and theOffice of Indigent Defense Services. (2000‑144, s.1; 2001‑392, s. 2.)
(a) The Commission shall have as its principal purpose thedevelopment and improvement of programs by which the Office of Indigent DefenseServices provides legal representation to indigent persons.
(b) The Commission shall appoint the Director of the Office ofIndigent Defense Services, who shall be chosen on the basis of training,experience, and other qualifications. The Commission shall consult with theChief Justice and Director of the Administrative Office of the Courts inselecting a Director, but shall have final authority in making the appointment.
(c) The Commission shall develop standards governing theprovision of services under this Article. The standards shall include:
(1) Standards for maintaining and operating regional anddistrict public defender offices and appellate defender offices, includingrequirements regarding qualifications, training, and size of the legal andsupporting staff;
(2) Standards prescribing minimum experience, training, and otherqualifications for appointed counsel;
(3) Standards for public defender and appointed counselcaseloads;
(4) Standards for the performance of public defenders andappointed counsel;
(5) Standards for the independent, competent, and efficientrepresentation of clients whose cases present conflicts of interest, in boththe trial and appellate courts;
(6) Standards for providing and compensating experts and otherswho provide services related to legal representation;
(7) Standards for qualifications and performance in capitalcases, consistent with any rules adopted by the Supreme Court; and
(8) Standards for determining indigency and for assessing andcollecting the costs of legal representation and related services.
(d) The Commission shall determine the methods for deliveringlegal services to indigent persons eligible for legal representation under thisArticle and shall establish in each district or combination of districts asystem of appointed counsel, contract counsel, part‑time publicdefenders, public defender offices, appellate defender services, and othermethods for delivering counsel services, or any combination of these services.
(e) In determining the method of services to be provided in aparticular district, the Director shall consult with the district bar asdefined in G.S. 84‑19 and the judges of the district or districts underconsideration. The Commission shall adopt procedures ensuring that affectedlocal bars have the opportunity to be significantly involved in determining themethod or methods for delivering services in their districts. The Commissionshall solicit written comments from the affected local district bar, seniorresident superior court judge, and chief district court judge. Those comments,along with the recommendations of the Commission, shall be forwarded to themembers of the General Assembly who represent the affected district and toother interested parties.
(f) The Commission shall establish policies and procedures withrespect to the distribution of funds appropriated under this Article, includingrates of compensation for appointed counsel, schedules of allowable expenses,appointment and compensation of expert witnesses, and procedures for applyingfor and receiving compensation.
(g) The Commission shall approve and recommend to the GeneralAssembly a budget for the Office of Indigent Defense Services.
(h) The Commission shall adopt such other rules and proceduresas it deems necessary for the conduct of business by the Commission and theOffice of Indigent Defense Services. (2000‑144, s.1; 2001‑392, s. 2.)
(a) The Commission shall have as its principal purpose thedevelopment and improvement of programs by which the Office of Indigent DefenseServices provides legal representation to indigent persons.
(b) The Commission shall appoint the Director of the Office ofIndigent Defense Services, who shall be chosen on the basis of training,experience, and other qualifications. The Commission shall consult with theChief Justice and Director of the Administrative Office of the Courts inselecting a Director, but shall have final authority in making the appointment.
(c) The Commission shall develop standards governing theprovision of services under this Article. The standards shall include:
(1) Standards for maintaining and operating regional anddistrict public defender offices and appellate defender offices, includingrequirements regarding qualifications, training, and size of the legal andsupporting staff;
(2) Standards prescribing minimum experience, training, and otherqualifications for appointed counsel;
(3) Standards for public defender and appointed counselcaseloads;
(4) Standards for the performance of public defenders andappointed counsel;
(5) Standards for the independent, competent, and efficientrepresentation of clients whose cases present conflicts of interest, in boththe trial and appellate courts;
(6) Standards for providing and compensating experts and otherswho provide services related to legal representation;
(7) Standards for qualifications and performance in capitalcases, consistent with any rules adopted by the Supreme Court; and
(8) Standards for determining indigency and for assessing andcollecting the costs of legal representation and related services.
(d) The Commission shall determine the methods for deliveringlegal services to indigent persons eligible for legal representation under thisArticle and shall establish in each district or combination of districts asystem of appointed counsel, contract counsel, part‑time publicdefenders, public defender offices, appellate defender services, and othermethods for delivering counsel services, or any combination of these services.
(e) In determining the method of services to be provided in aparticular district, the Director shall consult with the district bar asdefined in G.S. 84‑19 and the judges of the district or districts underconsideration. The Commission shall adopt procedures ensuring that affectedlocal bars have the opportunity to be significantly involved in determining themethod or methods for delivering services in their districts. The Commissionshall solicit written comments from the affected local district bar, seniorresident superior court judge, and chief district court judge. Those comments,along with the recommendations of the Commission, shall be forwarded to themembers of the General Assembly who represent the affected district and toother interested parties.
(f) The Commission shall establish policies and procedures withrespect to the distribution of funds appropriated under this Article, includingrates of compensation for appointed counsel, schedules of allowable expenses,appointment and compensation of expert witnesses, and procedures for applyingfor and receiving compensation.
(g) The Commission shall approve and recommend to the GeneralAssembly a budget for the Office of Indigent Defense Services.
(h) The Commission shall adopt such other rules and proceduresas it deems necessary for the conduct of business by the Commission and theOffice of Indigent Defense Services. (2000‑144, s.1; 2001‑392, s. 2.)
