(a) Upon the court's determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services. In noncapital cases, the court shall assign counsel pursuant to rules adopted by the Office of Indigent Defense Services. In capital cases, the Office of Indigent Defense Services or designee of the Office of Indigent Defense Services shall assign counsel; at least one member of each capital defense team, where practicable, shall be a member of the bar in that division. In the courts of those counties which have a public defender, however, the public defender may tentatively assign himself or an assistant public defender to represent an indigent person, subject to subsequent determination of entitlement to counsel by the court and approval by the court in noncapital cases and by the Office of Indigent Defense Services in capital cases.
(b) Fees of assigned counsel and salaries and other operating expenses of the offices of the public defenders shall be borne by the State.
(c) (1) The clerk of superior court is authorized to make a determination of indigency and entitlement to counsel, as authorized by this Article. The word "court," as it is used in this Article and in any rules pursuant to this Article, includes the clerk of superior court.
(2) A judge of superior or district court having authority to determine entitlement to counsel in a particular case may give directions to the clerk with regard to the determination of entitlement to counsel in that case; may, if he finds it appropriate, change or modify the determination made by the clerk; and may set aside a finding of waiver of counsel made by the clerk.
(d) Unless a public defender or assistant public defender is appointed to serve, standby counsel appointed under G.S. 15A-1243 shall receive reasonable compensation to be paid by the State.
(e) In cases in which an indigent person has entered notice of appeal and appellate counsel has been appointed by the Office of Indigent Defense Services, the clerk of superior court shall make a copy of the complete trial division file in the case, make a copy of documentary exhibits upon request, and furnish those files and any requested documentary exhibits to the appointed attorney. (1969, c. 1013, s. 1; 1971, c. 377, s. 32; 1973, c. 1286, s. 8; 1977, c. 711, s. 9; 1987 (Reg. Sess., 1988), c. 1037, s. 29; 2000-144, s. 7; 2005-148, s. 1.)
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1972–2023 · leading case:
State v. Franklin, 304 S.E.2d 579 (N.C. 1983).
State v. Franklin, 304 S.E.2d 579 (N.C. 1983).
· cites it 3× “Mercer, without any Court order appointing his office to represent the defendant as to the Smith and Ray cases as required by G.S. 7A-452, nonetheless authorized Mr. Yurko to act as the defendant’s attorney as to the Smith and Ray matters.”
State v. Hobbs, 660 S.E.2d 168 (N.C. Ct. App. 2008).
· cites it 4× “1 Pursuant to North Carolina General Statutes, section 7A-452(e), when an indigent defendant had entered notice of appeal, he is entitled to receive a copy of the trial transcript at State expense.”
Tyll v. Berry, 758 S.E.2d 411 (N.C. Ct. App. 2014).
· cites it 4× “” N.C. Gen. Stat. § 7A-452(c)(2). Given defendant’s appeal to the district court judge from the denial of his motion to proceed as an indigent, and his separate request for appointment of counsel in his response to the contempt motion, the trial court in this case had the…”
State v. Mems, 190 S.E.2d 164 (N.C. 1972).
· cites it 3× “) G.S. § 7A-452 provides, "Counsel for an indigent person shall be assigned by the court," except that a public defender may tentatively assign himself or his assistant to represent an indigent person, subject to subsequent approval by the court.”
State v. King, 721 S.E.2d 336 (N.C. Ct. App. 2012).
· cites it 4× “Under North Carolina General Statutes, section 7A-452, [i]n cases in which an indigent person has entered notice of appeal and appellate counsel has been appointed by the Office of Indigent Defense Services, the clerk of superior court shall make a copy of the complete trial…”
In re Wharton, 283 S.E.2d 528 (N.C. Ct. App. 1981).
· cites it 2× “N.C. Gen. Stat. § 7A-452(b) (1969). The trial court was without authority to enter the order of 12 September 1980 requiring Guilford County to pay part of the counsel fees for the juvenile, Phillip Wharton, and the order is hereby vacated.”
State v. Palacio (N.C. Ct. App. 2023).
· cites it 2× “2d 168, 170 (2008) (citing N.C. Gen. Stat. § 7A-452(e)). However, “due process does not require a verbatim transcript of the entire proceedings[.”
State v. Webb, 742 S.E.2d 284 (N.C. Ct. App. 2013).
· cites it 2× “” N.C. Gen. Stat. § 7A-452(a) (2011). Rule 1.”
— N.C. Gen. Stat. § 7A-452(a) — 2 cases
State v. Franklin, 304 S.E.2d 579 (N.C. 1983).
“Mercer, without any Court order appointing his office to represent the defendant as to the Smith and Ray cases as required by G.S. 7A-452, nonetheless authorized Mr. Yurko to act as the defendant’s attorney as to the Smith and Ray matters.”
State v. Webb, 742 S.E.2d 284 (N.C. Ct. App. 2013).
“” N.C. Gen. Stat. § 7A-452(a) (2011). Rule 1.”
— N.C. Gen. Stat. § 7A-452(b) — 1 case
In re Wharton, 283 S.E.2d 528 (N.C. Ct. App. 1981).
“N.C. Gen. Stat. § 7A-452(b) (1969). The trial court was without authority to enter the order of 12 September 1980 requiring Guilford County to pay part of the counsel fees for the juvenile, Phillip Wharton, and the order is hereby vacated.”
— N.C. Gen. Stat. § 7A-452(c)(2) — 1 case
Tyll v. Berry, 758 S.E.2d 411 (N.C. Ct. App. 2014).
“” N.C. Gen. Stat. § 7A-452(c)(2). Given defendant’s appeal to the district court judge from the denial of his motion to proceed as an indigent, and his separate request for appointment of counsel in his response to the contempt motion, the trial court in this case had the…”
— N.C. Gen. Stat. § 7A-452(c)(l) — 1 case
Tyll v. Berry, 758 S.E.2d 411 (N.C. Ct. App. 2014).
“” N.C. Gen. Stat. § 7A-452(c)(2). Given defendant’s appeal to the district court judge from the denial of his motion to proceed as an indigent, and his separate request for appointment of counsel in his response to the contempt motion, the trial court in this case had the…”
— N.C. Gen. Stat. § 7A-452(e) — 3 cases
State v. Hobbs, 660 S.E.2d 168 (N.C. Ct. App. 2008).
“1 Pursuant to North Carolina General Statutes, section 7A-452(e), when an indigent defendant had entered notice of appeal, he is entitled to receive a copy of the trial transcript at State expense.”
State v. King, 721 S.E.2d 336 (N.C. Ct. App. 2012).
“Under North Carolina General Statutes, section 7A-452, [i]n cases in which an indigent person has entered notice of appeal and appellate counsel has been appointed by the Office of Indigent Defense Services, the clerk of superior court shall make a copy of the complete trial…”
State v. Palacio (N.C. Ct. App. 2023).
“2d 168, 170 (2008) (citing N.C. Gen. Stat. § 7A-452(e)). However, “due process does not require a verbatim transcript of the entire proceedings[.”
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