NC General Statutes

N.C. Gen. Stat. § 7A-458 (2026)

Counsel fees

✓ current as of July 2026

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The fee to which an attorney who represents an indigent person is entitled shall be fixed in accordance with rules adopted by the Office of Indigent Defense Services. Fees shall be based on the factors normally considered in fixing attorneys' fees, such as the nature of the case, and the time, effort and responsibility involved. Fees shall not be set or ordered at rates higher than those established by the rules adopted under this section without the approval of the Office of Indigent Defense Services. Even if the trial, appeal, hearing or other proceeding is never held, preparation therefor is nevertheless compensable and, in capital cases and other extraordinary cases pending in superior court, a fee for services rendered and payment for expenses incurred may be allowed pending final determination of the case. (1969, c. 1013, s. 1; 1987 (Reg. Sess., 1988), c. 1086, s. 113(b); 1991 (Reg. Sess., 1992), c. 900, s. 116(b); 2000-144, s. 12; 2005-276, s. 14.13.)

§ 7A-459: Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c).

§ 7A-460: Reserved for future codification purposes.

§ 7A-461: Reserved for future codification purposes.

§ 7A-462: Reserved for future codification purposes.

§ 7A-463: Reserved for future codification purposes.

§ 7A-464: Reserved for future codification purposes.

Article 37.

The Public Defender.

§§ 7A-465 through 7A-467: Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c).

§ 7A-468: Repealed by Session Laws 1987 (Regular Session, 1988), c. 1056, s. 13.

§§ 7A-469 through 7A-471: Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c), effective July 1, 2001.

Notes of Decisions

Cited in 3 cases, 1988–2016 · leading case: State v. Charleston, 789 S.E.2d 513 (N.C. Ct. App. 2016).

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State v. Charleston, 789 S.E.2d 513 (N.C. Ct. App. 2016). · cites it 6× “N.C. Gen.Stat. § 7A-458 states in relevant part: The fee to which an attorney who represents an indigent person is entitled shall be fixed in accordance with rules adopted by the Office of Indigent Defense Services.”

Clark v. Williamson, 373 S.E.2d 317 (N.C. Ct. App. 1988). “Fees for counsel so appointed are governed by G.S. 7A-458, which states the following: In districts which do not have a public defender, the court shall fix the fee to which an attorney who represents an indigent person is entitled.”

State v. Williamson, 468 S.E.2d 840 (N.C. Ct. App. 1996). · cites it 2× “In any event, the amount of an award of indigent counsel fees is clearly discretionary with the trial court and we specifically decline defendant’s entreaty to hold the award in this case to be arbitrary, capricious or unreasonable.”

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