(a) In every criminal case in which counsel is appointed at the trial level, the judge shall order the defendant to pay to the clerk of court an appointment fee of seventy-five dollars ($75.00). No fee shall be due unless the person is convicted.
(b) The mandatory seventy-five dollar ($75.00) fee may not be remitted or revoked by the court and shall be added to any amounts the court determines to be owed for the value of legal services rendered to the defendant and shall be collected in the same manner as attorneys' fees are collected for such representation.
(c) Repealed by Session Laws 2005-250 s. 3, effective August 4, 2005.
(d) Inability, failure, or refusal to pay the appointment fee shall not be grounds for denying appointment of counsel, for withdrawal of counsel, or for contempt.
(e) The appointment fee required by this section shall be assessed only once for each attorney appointment, regardless of the number of cases to which the attorney was assigned. An additional appointment fee shall not be assessed if the charges for which an attorney was appointed were reassigned to a different attorney.
(f) Of each appointment fee collected under this section, the sum of seventy dollars ($70.00) shall be credited to the Indigent Persons' Attorney Fee Fund and the sum of five dollars ($5.00) shall be credited to the Court Information Technology Fund under G.S. 7A-343.2. These fees shall not revert.
(g) The Office of Indigent Defense Services shall adopt rules and develop forms to govern implementation of this section. (2002-126, s. 29A.9(a); 2003-284, s. 13.11; 2005-250, s. 3; 2009-451, s. 15.17I(a); 2010-31, s. 15.11(a); 2012-142, s. 16.5(h); 2020-83, s. 10.1(a).)
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 2003–2024 · leading case:
State v. Harris, 805 S.E.2d 729 (N.C. Ct. App. 2017).
State v. Harris, 805 S.E.2d 729 (N.C. Ct. App. 2017).
· cites it 2× “00 appointment fee, in accordance with N.C. Gen. Stat. § 7A-455.1 (2015). As with the attorney's fees, the appointment fee was never discussed with Defendant in open court.”
State v. Rubio, 579 S.E.2d 581 (N.C. 2003).
· cites it 18× “Davis, in District Court, Forsyth County, North Carolina, declaring N.C.G.S. § 7A-455.1 unconstitutional and enjoining the Clerk of Superior Court for said county from collecting the appointment fee and entering civil judgments pursuant to N.”
State v. Webb, 591 S.E.2d 505 (2004).
· cites it 24× “Defendant requested and received appointed counsel as an indigent and, pursuant to N.C.G.S. § 7A-455.1, thereupon became obligated to pay a fifty dollar “appointment fee” regardless of the outcome of his criminal proceedings.”
State v. Webb, 579 S.E.2d 583 (N.C. 2003).
· cites it 12× “ORDER Upon consideration of the State of North Carolina’s Petition for Extraordinary Writ for this Court, in the exercise of its supervisory powers pursuant to Article IV, Section 12(1) of the North Carolina Constitution, to stay enforcement of orders entered by judges of the…”
State v. Kelly, 579 S.E.2d 580 (N.C. 2003).
· cites it 18× “ORDER Upon consideration of the State of North Carolina’s Petition for Extraordinary Writ and Motion Under Rule 2 of the Rules of Appellate Procedure to review the 13 March 2003 Order, entered by Judge Joseph Moody Buckner in District Court, Orange County, North Carolina,…”
State v. McNeil, 579 S.E.2d 581 (N.C. 2003).
· cites it 18× “ORDER Upon consideration of the State of North Carolina’s Petition for Extraordinary Writ and Motion Under Rule 2 of the Rules of Appellate Procedure to review the 25 February 2003 Osder, entered by Judge James Hill, in District Court, Durham County, North Carolina, declaring…”
State v. Webb, 579 S.E.2d 582 (N.C. 2003).
· cites it 18× “, in Superior Court, Durham County, North Carolina, declaring N.C.G.S. § 7A-455.1 unconstitutional and enjoining the Clerk of Superior Court for said county from collecting the appointment fee and entering civil judgments pursuant to N.”
State v. Draper, 581 S.E.2d 439 (N.C. 2003).
· cites it 15× “Daisy, in District Court, Guilford County, North Carolina, declaring N.C.G.S. § 7A-455.1 unconstitutional and upon consideration of the State’s Motion for Review Prior to Determination in the Court of Appeals and Motion for Consolidation, it appears to the Court that the…”
State v. McCullough (N.C. Ct. App. 2024).
· cites it 7× “Pursuant to N.C. Gen. Stat. § 7A-455.1, a trial court may impose attorney’s fees against a convicted, indigent defendant for the cost incurred by a defendant’s appointed counsel.”
State v. Zimmerman, 824 S.E.2d 923 (N.C. Ct. App. 2019).
· cites it 4× “It appears Defendant has mistaken the $ 60 appointment fee in accordance with N.C. Gen. Stat. § 7A-455.1 as a cost. Under N.”
State v. Baungartner (N.C. Ct. App. 2020).
· cites it 3× “See N.C. Gen. Stat. § 7A-455.1 (2019). - 17 - STATE V.”
State v. Baungartner (N.C. Ct. App. 2020).
· cites it 3× “See N.C. Gen. Stat. § 7A-455.1 (2019). - 17 - STATE V.”
— N.C. Gen. Stat. § 7A-455.1(a) — 2 cases
State v. Webb, 591 S.E.2d 505 (2004).
“Defendant requested and received appointed counsel as an indigent and, pursuant to N.C.G.S. § 7A-455.1, thereupon became obligated to pay a fifty dollar “appointment fee” regardless of the outcome of his criminal proceedings.”
State v. McCullough (N.C. Ct. App. 2024).
“Pursuant to N.C. Gen. Stat. § 7A-455.1, a trial court may impose attorney’s fees against a convicted, indigent defendant for the cost incurred by a defendant’s appointed counsel.”
— N.C. Gen. Stat. § 7A-455.1(b) — 6 cases
State v. Rubio, 579 S.E.2d 581 (N.C. 2003).
“Davis, in District Court, Forsyth County, North Carolina, declaring N.C.G.S. § 7A-455.1 unconstitutional and enjoining the Clerk of Superior Court for said county from collecting the appointment fee and entering civil judgments pursuant to N.”
State v. Webb, 591 S.E.2d 505 (2004).
“Defendant requested and received appointed counsel as an indigent and, pursuant to N.C.G.S. § 7A-455.1, thereupon became obligated to pay a fifty dollar “appointment fee” regardless of the outcome of his criminal proceedings.”
State v. Webb, 579 S.E.2d 583 (N.C. 2003).
“ORDER Upon consideration of the State of North Carolina’s Petition for Extraordinary Writ for this Court, in the exercise of its supervisory powers pursuant to Article IV, Section 12(1) of the North Carolina Constitution, to stay enforcement of orders entered by judges of the…”
State v. Kelly, 579 S.E.2d 580 (N.C. 2003).
“ORDER Upon consideration of the State of North Carolina’s Petition for Extraordinary Writ and Motion Under Rule 2 of the Rules of Appellate Procedure to review the 13 March 2003 Order, entered by Judge Joseph Moody Buckner in District Court, Orange County, North Carolina,…”
State v. McNeil, 579 S.E.2d 581 (N.C. 2003).
“ORDER Upon consideration of the State of North Carolina’s Petition for Extraordinary Writ and Motion Under Rule 2 of the Rules of Appellate Procedure to review the 25 February 2003 Osder, entered by Judge James Hill, in District Court, Durham County, North Carolina, declaring…”
— N.C. Gen. Stat. § 7A-455.1(d) — 1 case
State v. Webb, 591 S.E.2d 505 (2004).
“Defendant requested and received appointed counsel as an indigent and, pursuant to N.C.G.S. § 7A-455.1, thereupon became obligated to pay a fifty dollar “appointment fee” regardless of the outcome of his criminal proceedings.”
— N.C. Gen. Stat. § 7A-455.1(e) — 1 case
State v. McCullough (N.C. Ct. App. 2024).
“Pursuant to N.C. Gen. Stat. § 7A-455.1, a trial court may impose attorney’s fees against a convicted, indigent defendant for the cost incurred by a defendant’s appointed counsel.”
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