N.C. Gen. Stat. » Chapter 7A
NC General Statutes

N.C. Gen. Stat. § 7A-450 (2026)

Indigency; definition; entitlement; determination; change of status

✓ current as of July 2026
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(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated in this Subchapter. An interpreter is a necessary expense as defined in Chapter 8B of the General Statutes for a deaf person who is entitled to counsel under this subsection.

(b) Whenever a person, under the standards and procedures set out in this Subchapter, is determined to be an indigent person entitled to counsel, it is the responsibility of the State to provide him with counsel and the other necessary expenses of representation. The professional relationship of counsel so provided to the indigent person he represents is the same as if counsel had been privately retained by the indigent person.

(b1) An indigent person indicted for murder may not be tried where the State is seeking the death penalty without an assistant counsel being appointed in a timely manner. If the indigent person is represented by the public defender's office, the requirement of an assistant counsel may be satisfied by the assignment to the case of an additional attorney from the public defender's staff.

(c) The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent is entitled to representation.

(d) If, at any stage in the action or proceeding, a person previously determined to be indigent becomes financially able to secure legal representation and provide other necessary expenses of representation, he must inform the counsel appointed by the court to represent him of that fact. In such a case, that information is not included in the attorney client privilege, and counsel must promptly inform the court of that information. (1969, c. 1013, s. 1; 1981, c. 409, s. 2; c. 937, s. 3; 1985, c. 698, s. 22(a); 2000-144, s. 5.)

 

Notes of Decisions
Cited in 131 cases (9 in the last 5 years), 1971–2026 · leading case: State v. McDowell, 407 S.E.2d 200 (N.C. 1991).
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State v. McDowell, 407 S.E.2d 200 (N.C. 1991). · cites it 29× “We hold that from this point on in the pretrial proceeding, defendant was not an indigent within the meaning of N.C.G.S. § 7A-450(a), as he had, through his family, secured private representation and therefore was not entitled to the appointment of assistant counsel.”
State v. Hucks, 374 S.E.2d 240 (N.C. 1988). · cites it 33× “We agree that allowing the capital case against Miller to proceed without the appointment of additional counsel to assist him violated the mandate of N.C.G.S. § 7A-450(bl). This denial of Miller’s statutory right to additional counsel was prejudicial error per se.”
In Re D.q.w., T.a.w., Q.k.t., Q.m.t., & J.K.M.T., 604 S.E.2d 675 (N.C. Ct. App. 2004). · cites it 31× “Accordingly, the determination of his indigency was governed by N.C.G.S. § 7A-450 (2003), et seq. Section 7A-450 (a) states that an “indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation…”
State v. Locklear, 368 S.E.2d 377 (N.C. 1988). · cites it 9× “” He considered it “very likely” that such a person would have been in a “passed out and/or blacked out” state. *355 Defendant first contends that the trial court erred in denying his motion for the appointment of an investigator to aid in the preparation of his defense.”
State v. Richardson, 467 S.E.2d 685 (N.C. 1996). · cites it 12× “” N.C.G.S. § 7A-450(a) (1995). N.C.G.S. § 7A-450(c) provides: “The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent is entitled to representation.”
State v. Boyd, 418 S.E.2d 471 (N.C. 1992). · cites it 18× “Defendant before trial moved pursuant to N.C.G.S. § 7A-450(a) for state funding for a mental health expert.”
State v. Lawrence, 530 S.E.2d 807 (N.C. 2000). · cites it 9× “*16 GUILT-INNOCENCE PHASE In his next assignment of error, defendant contends that the absence of a complete transcript of the proceedings violated his constitutional rights to appellate review and to effective assistance of counsel on appeal.”
State v. Call, 545 S.E.2d 190 (N.C. 2001). · cites it 7× “If the indigent person is represented by the public defender’s office, the requirement of an *414 assistant counsel may be satisfied by the assignment to the case of an additional attorney from the public defender’s staff.”
State v. Tirado, 599 S.E.2d 515 (N.C. 2004). · cites it 5× “Queen next contends that his statutory right to the assistance of two attorneys was violated when one of his attorneys was absent during a portion of co-defendant Tirado's sentencing hearing.”
Dickson v. Rucho, 366 NC 332, 737 S.E.2d 362 (N.C. 2013). · cites it 8× “becomes financially able to secure legal representation and provide other necessary expenses of representation, he must inform the counsel appointed by the court to represent him of that fact .”
State v. Holden, 362 S.E.2d 513 (N.C. 1987). · cites it 6× “N.C.G.S. §§ 7A-450(b) and 454 require that expert assistance or private investigators be provided to an indigent defendant only upon a showing by the defendant that there is a reasonable likelihood that it will materially assist him in the preparation of his defense or that…”
State v. Parker, 516 S.E.2d 106 (N.C. 1999). · cites it 9× “Defendant contends that the trial court violated his rights as an indigent defendant, under N.C.G.S. § 7A-450, to have two attorneys representing him.”
Show all 131 citing cases →
— N.C. Gen. Stat. § 7A-450(a) — 13 cases
State v. McDowell, 407 S.E.2d 200 (N.C. 1991). “We hold that from this point on in the pretrial proceeding, defendant was not an indigent within the meaning of N.C.G.S. § 7A-450(a), as he had, through his family, secured private representation and therefore was not entitled to the appointment of assistant counsel.”
State v. Boyd, 418 S.E.2d 471 (N.C. 1992). “Defendant before trial moved pursuant to N.C.G.S. § 7A-450(a) for state funding for a mental health expert.”
State v. Richardson, 467 S.E.2d 685 (N.C. 1996). “” N.C.G.S. § 7A-450(a) (1995). N.C.G.S. § 7A-450(c) provides: “The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent is entitled to representation.”
State v. Hoffman, 190 S.E.2d 842 (N.C. 1972).
State v. Ratliff, 189 S.E.2d 179 (N.C. 1972).
— N.C. Gen. Stat. § 7A-450(b) — 63 cases
State v. Holden, 362 S.E.2d 513 (N.C. 1987). “N.C.G.S. §§ 7A-450(b) and 454 require that expert assistance or private investigators be provided to an indigent defendant only upon a showing by the defendant that there is a reasonable likelihood that it will materially assist him in the preparation of his defense or that…”
State v. Wilson, 367 S.E.2d 589 (N.C. 1988).
State v. Locklear, 368 S.E.2d 377 (N.C. 1988). “” He considered it “very likely” that such a person would have been in a “passed out and/or blacked out” state. *355 Defendant first contends that the trial court erred in denying his motion for the appointment of an investigator to aid in the preparation of his defense.”
State v. Zuniga, 357 S.E.2d 898 (N.C. 1987).
State v. Lloyd, 364 S.E.2d 316 (N.C. 1988).
— N.C. Gen. Stat. § 7A-450(b)(l) — 1 case
State v. Massey, 342 S.E.2d 811 (N.C. 1986).
— N.C. Gen. Stat. § 7A-450(b1) — 9 cases
State v. Tirado, 599 S.E.2d 515 (N.C. 2004). “Queen next contends that his statutory right to the assistance of two attorneys was violated when one of his attorneys was absent during a portion of co-defendant Tirado's sentencing hearing.”
State v. McDowell, 407 S.E.2d 200 (N.C. 1991). “We hold that from this point on in the pretrial proceeding, defendant was not an indigent within the meaning of N.C.G.S. § 7A-450(a), as he had, through his family, secured private representation and therefore was not entitled to the appointment of assistant counsel.”
In re E.D., 827 S.E.2d 450 (N.C. 2019).
State v. Wilson, 556 S.E.2d 272 (N.C. 2001).
State v. Ramseur (N.C. 2020).
— N.C. Gen. Stat. § 7A-450(bl) — 16 cases
State v. Hucks, 374 S.E.2d 240 (N.C. 1988). “We agree that allowing the capital case against Miller to proceed without the appointment of additional counsel to assist him violated the mandate of N.C.G.S. § 7A-450(bl). This denial of Miller’s statutory right to additional counsel was prejudicial error per se.”
State v. Call, 545 S.E.2d 190 (N.C. 2001). “If the indigent person is represented by the public defender’s office, the requirement of an *414 assistant counsel may be satisfied by the assignment to the case of an additional attorney from the public defender’s staff.”
State v. McDowell, 407 S.E.2d 200 (N.C. 1991). “We hold that from this point on in the pretrial proceeding, defendant was not an indigent within the meaning of N.C.G.S. § 7A-450(a), as he had, through his family, secured private representation and therefore was not entitled to the appointment of assistant counsel.”
State v. Thomas, 514 S.E.2d 486 (N.C. 1999).
State v. Eason, 445 S.E.2d 917 (N.C. 1994).
— N.C. Gen. Stat. § 7A-450(c) — 14 cases
State v. McDowell, 407 S.E.2d 200 (N.C. 1991). “We hold that from this point on in the pretrial proceeding, defendant was not an indigent within the meaning of N.C.G.S. § 7A-450(a), as he had, through his family, secured private representation and therefore was not entitled to the appointment of assistant counsel.”
State v. Richardson, 467 S.E.2d 685 (N.C. 1996). “” N.C.G.S. § 7A-450(a) (1995). N.C.G.S. § 7A-450(c) provides: “The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent is entitled to representation.”
State v. Robinson, 560 S.E.2d 154 (N.C. Ct. App. 2002).
State v. Boyd, 418 S.E.2d 471 (N.C. 1992). “Defendant before trial moved pursuant to N.C.G.S. § 7A-450(a) for state funding for a mental health expert.”
In Re D.q.w., T.a.w., Q.k.t., Q.m.t., & J.K.M.T., 604 S.E.2d 675 (N.C. Ct. App. 2004). “Accordingly, the determination of his indigency was governed by N.C.G.S. § 7A-450 (2003), et seq. Section 7A-450 (a) states that an “indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation…”
— N.C. Gen. Stat. § 7A-450(d) — 2 cases
Dickson v. Rucho, 366 NC 332, 737 S.E.2d 362 (N.C. 2013). “becomes financially able to secure legal representation and provide other necessary expenses of representation, he must inform the counsel appointed by the court to represent him of that fact .”
State v. Boyd, 418 S.E.2d 471 (N.C. 1992). “Defendant before trial moved pursuant to N.C.G.S. § 7A-450(a) for state funding for a mental health expert.”
— N.C. Gen. Stat. § 7A-450(e) — 1 case
State v. Ratliff, 189 S.E.2d 179 (N.C. 1972).
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