reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-343.5 - Definitions.

§ 7A-343.5. Definitions.
The following definitions apply in this Article:
(1) "Accounting system" means the total structure of records and procedures which discover, record, classify, and report information on the financial position and operating results of the Judicial Department, or a segment of the Judicial Department, or any of its funds, balanced account groups, and organizational components.
(2) "Internal auditing" means an independent, objective assurance and consulting activity designed to add value to and improve an organization's operations. Internal auditing helps an organization accomplish its objectives by using a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, controls, and governance processes. The types of audits the internal auditors may provide include, but are not limited to:
a. Efficiency or economy audits to evaluate areas at risk and require improvements to promote operating effectiveness and efficiency, mitigate the risk of liability, and realize economies.
b. Financial audits to determine whether financial operations are properly functioning.
c. Compliance audits or reviews to assess compliance with laws and regulations.
d. Internal control audits to assess the controls related to financial transactions and reporting.
e. Case file and procedural audits to ensure efficiency, effectiveness, and compliance.
f. Performance and management audits entail an objective and systematic examination of evidence to provide an independent assessment of the performance and management of a program against objective criteria as well as assessments that provide a prospective focus or that synthesize information on best practices.
g. Investigative or fraud audits to make an independent assessment of allegations of fraud, misuse, or process manipulation or alleged violations of federal, State, or local laws. (2009-516, s. 6.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-343.6 - Electronic filing in Chapter 50B and Chapter 50C cases.

§ 7A-343.6. Electronic filing in Chapter 50B and Chapter 50C cases.
The North Carolina Administrative Office of the Courts is authorized to develop a program for electronic filing in Chapter 50B and Chapter 50C cases in district court in all counties in North Carolina. In order to implement the program in one or more counties in a district, the chief district court judge in each district shall draft local rules and submit the rules to the Administrative Office of the Courts for approval. The local rules shall permit the clerk of superior court for the county to accept electronically filed complaints requesting a domestic violence protective order pursuant to Chapter 50B of the General Statutes, or a civil no-contact order pursuant to Chapter 50C of the General Statutes, that are transmitted from a domestic violence program as defined in G.S. 8-53.12. The authorization for local rules shall be superseded by the promulgation of uniform State rules by the Supreme Court. (2015-62, s. 3(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-345 - Duties of assistant director.

§ 7A-345. Duties of assistant director.
The assistant director is the administrative assistant to the Chief Justice, and his duties include the following:
(1) Assist the Chief Justice in performing his duties relating to the assignment of superior court judges;
(2) Assist the Supreme Court in preparing calendars of superior court trial sessions; and
(3) Performing such additional functions as may be assigned by the Chief Justice or the Director of the Administrative Office. (1965, c. 310, s. 1; 1969, c. 1013, s. 4.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-346 - Information to be furnished to Administrative Officer.

§ 7A-346. Information to be furnished to Administrative Officer.
All judges, district attorneys, public defenders, magistrates, clerks of superior court and other officers or employees of the courts and of offices directly related to and serving the courts shall on request furnish to the Administrative Officer information and statistical data relative to the work of the courts and of such offices and relative to the receipt and expenditure of public moneys for the operation thereof. (1965, c. 310, s. 1; 1967, c. 1049, s. 5; 1969, c. 1013, ss. 4, 5; 1973, c. 47, s. 2.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-346.2 - Various reports to General Assembly.

§ 7A-346.2. Various reports to General Assembly.
(a) Repealed by Session Laws 2022-47, s. 9(b), effective July 7, 2022.
(b) Repealed by Session Laws 2019-243, s. 5(b), effective November 6, 2019.
(c) The Administrative Office of the Courts, in consultation with the Conference of Clerks of Superior Court, shall make any necessary modifications to its information systems to maintain records of all cases in which the defendant in a criminal case withdraws an appeal for trial de novo in superior court and the superior court judge has signed an order remanding the case to the district court and shall report on those remanded cases to the chairs of the Senate Appropriations Committee on Justice and Public Safety, the chairs of the House Appropriations Committee on Justice and Public Safety, and the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1 of each year. The report shall (i) include the total number of remanded cases and also the total number of those cases for which the court has remitted costs and (ii) aggregate those totals by the district in which they were granted and by the name of each judge ordering remand. The Administrative Office of the Courts may obtain any information that may be needed from individual clerks of superior court in order to make the modifications necessary to maintain the records required under this section. (1999-237, s. 17.7(c); 2000-67, ss. 15.3A(b), 15.4(h); 2001-61, s. 2; 2001-424, s. 22.11(g); 2003-377, s. 4; 2015-247, s. 2; 2019-243, s. 5(b); 2022-47, s. 9(b).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-347 - District attorney legal assistants.

§ 7A-347. District attorney legal assistants.
District attorney legal assistant positions are established under the district attorneys' offices. Each prosecutorial district is allocated at least one district attorney legal assistant to be employed by the district attorney. The Administrative Office of the Courts shall allocate additional assistants to prosecutorial districts on the basis of need and within available appropriations. Each district attorney may also use any volunteer or other personnel to assist the assistant. The assistant is responsible for coordinating efforts of the law-enforcement and judicial systems to assure that each victim and witness is provided fair treatment under Article 45 of Chapter 15A, Fair Treatment for Victims and Witnesses and shall also provide administrative and legal support to the district attorney's office. (1985 (Reg. Sess., 1986), c. 998, s. 2; 1997-443, s. 18.7(c); 2015-241, s. 18A.8(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-348 - Training and supervision of district attorney legal assistants.

§ 7A-348. Training and supervision of district attorney legal assistants.
Pursuant to the provisions of G.S. 7A-413, the Conference of District Attorneys shall:
(1) Assist in establishing uniform statewide training for district attorney legal assistants; and
(2) Assist in the implementation and supervision of this program. (1985 (Reg. Sess., 1986), c. 998, s. 2; 1997-443, s. 18.7(d); 2001-424, s. 22.6(a); 2015-241, s. 18A.8(b).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-349 - Criminal history record check; denial of employment, contract, or volunteer opportunity.

§ 7A-349. Criminal history record check; denial of employment, contract, or volunteer opportunity.
The Judicial Department may deny employment, a contract, or a volunteer opportunity to any person who refuses to consent to a criminal history check authorized under G.S. 143B-950 and may dismiss a current employee, terminate a contractor, or terminate a volunteer relationship if that employee, contractor, or volunteer refuses to consent to a criminal history record check authorized under G.S. 143B-950. (2006-187, s. 3(b); 2014-100, s. 17.1(s).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-350 - Annual report on criminal court cost waivers.

§ 7A-350. Annual report on criminal court cost waivers.
The Administrative Office of the Courts shall maintain records of all cases in which a judge makes a finding of just cause to grant a waiver of criminal court costs under G.S. 7A-304(a) and shall report on those waivers to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1 of each year. The report shall aggregate the waivers by the district in which the waiver or waivers were granted and by the name of each judge granting a waiver or waivers. (2015-241, s. 18A.3(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-350.1 - Annual report on grant funds received or preapproved for receipt.

§ 7A-350.1. Annual report on grant funds received or preapproved for receipt.
The Judicial Department shall report by May 1 of each year to the chairs of the House of Representatives Appropriations Committee on Justice and Public Safety and the Senate Appropriations Committee on Justice and Public Safety on grant funds received or preapproved for receipt by the Department. The report shall include information on the amount of grant funds received or preapproved for receipt by the Department, the use of the funds, the State match expended to receive the funds, and the period to be covered by each grant. If the Department intends to continue the program beyond the end of the grant period, the Department shall report on the proposed method for continuing the funding of the program at the end of the grant period. The Department shall also report on any information it may have indicating that the State will be requested to provide future funding for a program presently supported by a local grant. (2021-180, s. 19A.1(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29A - Trial Court Administrators. › § 7A-355 - Trial court administrators.

§ 7A-355. Trial court administrators.
The following districts or sets of districts as defined in G.S. 7A-41.1(a) shall have trial court administrators: Set of districts 10A, 10B, 10C, 10D; District 22, District 27B, and District 28, and such other districts or sets of districts as may be designated by the Administrative Office of the Courts. (1979, c. 1072, s. 10; 1987 (Reg. Sess., 1988), c. 1037, s. 27; 2022-74, s. 16.9(d).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29A - Trial Court Administrators. › § 7A-356 - Duties.

§ 7A-356. Duties.
The duties of each trial court administrator shall be to assist in managing civil dockets, to improve jury utilization and to perform such duties as may be assigned by the senior resident superior court judge of the district or set of districts as defined in G.S. 7A-41.1(a) or by other judges designated by that senior resident superior court judge. (1979, c. 1072, s. 10; 1987 (Reg. Sess., 1988), c. 1037, s. 28; 2022-74, s. 16.9(d).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 30 - Judicial Standards Commission. › § 7A-374.1 - Purpose.

§ 7A-374.1. Purpose.
The purpose of this Article is to provide for the investigation and resolution of inquiries concerning the qualification or conduct of any judge or justice of the General Court of Justice. The procedure for discipline of any judge or justice of the General Court of Justice shall be in accordance with this Article. Nothing in this Article shall affect the impeachment of judges under the North Carolina Constitution, Article IV, Sections 4 and 17. (2006-187, s. 11.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 30 - Judicial Standards Commission. › § 7A-374.2 - Definitions.

§ 7A-374.2. Definitions.
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this Article:
(1) "Censure" means a finding by the Supreme Court, based upon a written recommendation by the Commission, that a judge has willfully engaged in misconduct prejudicial to the administration of justice that brings the judicial office into disrepute, but which does not warrant the suspension of the judge from the judge's judicial duties or the removal of the judge from judicial office. A censure may require that the judge follow a corrective course of action. Unless otherwise ordered by the Supreme Court, the judge shall personally appear in the Supreme Court to receive a censure.
(2) "Commission" means the North Carolina Judicial Standards Commission.
(3) "Incapacity" means any physical, mental, or emotional condition that seriously interferes with the ability of a judge to perform the duties of judicial office.
(4) "Investigation" means the gathering of information with respect to alleged misconduct or disability.
(5) "Judge" means any justice or judge of the General Court of Justice of North Carolina, including any retired justice or judge who is recalled for service as an emergency judge of any division of the General Court of Justice.
(6) "Letter of caution" means a written action of the Commission that cautions a judge not to engage in certain conduct that violates the Code of Judicial Conduct as adopted by the Supreme Court.
(7) "Public reprimand" means a finding by the Supreme Court, based upon a written recommendation by the Commission that a judge has violated the Code of Judicial Conduct and has engaged in conduct prejudicial to the administration of justice, but that misconduct is minor. A public reprimand may require that the judge follow a corrective course of action.
(8) "Remove" or "removal" means a finding by the Supreme Court, based upon a written recommendation by the Commission, that a judge should be relieved of all duties of the judge's office and disqualified from holding further judicial office.
(9) "Suspend" or "suspension" means a finding by the Supreme Court, based upon a written recommendation by the Commission, that a judge should be relieved of the duties of the judge's office for a period of time, and upon conditions, including those regarding treatment and compensation, as may be specified by the Supreme Court. (2006-187, s. 11; 2013-404, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 30 - Judicial Standards Commission. › § 7A-376 - Grounds for discipline by Commission; public reprimand, censure, suspension, or removal by the Supreme Court.

§ 7A-376. Grounds for discipline by Commission; public reprimand, censure, suspension, or removal by the Supreme Court.
(a) The Commission, upon a determination that any judge has engaged in conduct that violates the North Carolina Code of Judicial Conduct as adopted by the Supreme Court but that is not of such a nature as would warrant a recommendation of public reprimand, censure, suspension, or removal, may issue to the judge a private letter of caution.
(b) Upon recommendation of the Commission, the Supreme Court may issue a public reprimand, censure, suspend, or remove any judge for willful misconduct in office, willful and persistent failure to perform the judge's duties, habitual intemperance, conviction of a crime involving moral turpitude, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute. A judge who is suspended for any of the foregoing reasons shall receive no compensation during the period of that suspension. A judge who is removed for any of the foregoing reasons shall receive no retirement compensation and is disqualified from holding further judicial office.
(c) Upon recommendation of the Commission, the Supreme Court may suspend, for a period of time the Supreme Court deems necessary, any judge for temporary physical or mental incapacity interfering with the performance of the judge's duties, and may remove any judge for physical or mental incapacity interfering with the performance of the judge's duties which is, or is likely to become, permanent. A judge who is suspended for temporary incapacity shall continue to receive compensation during the period of the suspension. A judge removed for mental or physical incapacity is entitled to retirement compensation if the judge has accumulated the years of creditable service required for incapacity or disability retirement under any provision of State law, but he shall not sit as an emergency justice or judge. (1971, c. 590, s. 1; 1979, c. 486, s. 2; 2006-187, s. 11; 2013-404, s. 2.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 31B - Declaration of Vacancy, Suspension of Salary. › § 7A-410 - Vacancy exists on disbarment.

§ 7A-410. Vacancy exists on disbarment.
When a judge of the district court, judge of the superior court, judge of the Court of Appeals, justice of the Supreme Court, or a district attorney is no longer authorized to practice law in the courts of this State, the Governor shall declare the office vacant. Prior to making such declaration, the Governor shall notify the justice, judge, or district attorney at least 10 days in advance of taking such action and shall afford the justice, judge, or district attorney the opportunity to be heard on the matter. For purposes of this Article, the term "no longer authorized to practice law" means that the person has been disbarred or suspended and all appeals under G.S. 84-28 have been exhausted. (2007-104, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 31B - Declaration of Vacancy, Suspension of Salary. › § 7A-410.1 - Suspension of salary.

§ 7A-410.1. Suspension of salary.
When a justice, judge, or district attorney has been disbarred or suspended from the practice of law under G.S. 84-28 but the office has not been declared vacant under G.S. 7A-410, the salary of the justice, judge, or district attorney is suspended immediately. If the order of disbarment or suspension is reversed on appeal, the salary shall be paid retroactively from the date the salary was suspended. (2007-104, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 32 - Conference of District Attorneys. › § 7A-411 - Establishment and purpose.

§ 7A-411. Establishment and purpose.
There is created the Conference of District Attorneys of North Carolina, of which every district attorney in North Carolina is a member. The purpose of the Conference is to assist in improving the administration of justice in North Carolina by coordinating the prosecution efforts of the various district attorneys, by assisting them in the administration of their offices, and by exercising the powers and performing the duties provided for in this Article. (1983, c. 761, s. 152.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 32 - Conference of District Attorneys. › § 7A-412 - Annual meetings; organization; election of officers.

§ 7A-412. Annual meetings; organization; election of officers.
(a) Annual Meetings. – The Conference shall meet annually at a time and place selected by the President of the Conference.
(b) Election of Officers. – Officers of the Conference are a President, a President-elect, a Vice-president, and other officers from among its membership that the Conference may designate in its bylaws. Officers are elected for one-year terms at the annual Conference, and take office on July 1 immediately following their election.
(c) Executive Committee. – The Executive Committee of the Conference consists of the President, the President-elect, the Vice-president, and four other members of the Conference. One of these four members shall be the immediate past president if there is one and if he continues to be a member.
(d) Organization and Functioning; Bylaws. – The bylaws may provide for the organization and functioning of the Conference, including the powers and duties of its officers and committees. The bylaws shall state the number of members required to constitute a quorum at any meeting of the Conference or the Executive Committee. The bylaws shall set out the procedure for amending the bylaws.
(e) Calling Meetings; Duty to Attend. – The President or the Executive Committee may call a meeting of the Conference upon 10 days' notice to the members, except upon written waiver of notice signed by at least three-fourths of the members. A member should attend each meeting of the Conference and the Executive Committee of which he is given notice. Members are entitled to reimbursement for travel and subsistence expenses at the rate applicable to State employees. (1983, c. 761, s. 152.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 32 - Conference of District Attorneys. › § 7A-413 - Powers of Conference.

§ 7A-413. Powers of Conference.
(a) The Conference may:
(1) Cooperate with citizens and other public and private agencies to promote the effective administration of criminal justice.
(2) Assist prosecutors in the effective prosecution and trial of criminal offenses, and develop an advisory trial manual.
(3) Develop advisory manuals to assist prosecutors in the organization and administration of their offices, case management, calendaring, case tracking, filing, and office procedures.
(4) Cooperate with the Administrative Office of the Courts and the School of Government at the University of North Carolina at Chapel Hill concerning education and training programs for prosecutors and staff.
(5) Provide legal counsel and advice to the district attorneys and their staff related to the performance of their duties through attorneys employed by the Conference.
(b) The Conference may not adopt rules pursuant to Chapter 150B of the General Statutes.
(c) The Conference shall approve all transfers of funds appropriated by the General Assembly for the offices of district attorneys prior to the Administrative Office of the Courts completing the transfer.
(d) Any legal counsel or advice provided by attorneys employed by the conference provided pursuant to subdivision (2) or (5) of subsection (a) of this section is confidential and privileged, including any documents or other communications made or used in connection with that legal counsel or advice. All communications or documents made confidential by this subsection are not "public records" as defined by G.S. 132-1 and shall not be open to public inspection, examination, or copying except as provided by G.S. 132-1.4(g). (1983, c. 761, s. 152; 1987, c. 827, s. 1; 2006-264, s. 29(b); 2022-47, s. 19; 2023-34, s. 3.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 32 - Conference of District Attorneys. › § 7A-414 - Executive Director; clerical support.

§ 7A-414. Executive Director; clerical support.
The Conference shall employ an Executive Director and any necessary supporting staff to assist it in carrying out its duties. The Executive Director shall be an attorney licensed and eligible to practice in the courts of this State at the time of appointment and at all times during service as the Executive Director. (1983, c. 761, s. 152; 2023-34, s. 5.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 32 - Conference of District Attorneys. › § 7A-415 - Resource prosecutors.

§ 7A-415. Resource prosecutors.
The Conference of District Attorneys may employ resource prosecutors as appointed by the executive director. A resource prosecutor shall be an attorney licensed and eligible to practice in the courts of this State and shall serve at the pleasure of the executive director. A resource prosecutor shall take the same oath of office as a district attorney in this State and shall be authorized to represent the State in any court of this State without taking an additional oath. When assisting a district attorney, a resource prosecutor shall have the same authority, power, and privileges as an assistant district attorney serving in the requesting district attorney's office. (2023-103, s. 6(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 32 - Conference of District Attorneys. › § 7A-416 - Conference of District Attorneys legislative liaison.

§ 7A-416. Conference of District Attorneys legislative liaison.
The Conference of District Attorneys may designate liaison personnel to lobby for legislative action in accordance with Article 5 of Chapter 120C of the General Statutes. (2023-103, s. 6(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-450 - Indigency; definition; entitlement; determination; change of status.

§ 7A-450. Indigency; definition; entitlement; determination; change of status.
(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.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-450.1 - Responsibility for payment by certain fiduciaries.

§ 7A-450.1. Responsibility for payment by certain fiduciaries.
It is the intent of the General Assembly that, whenever possible, if an attorney or guardian ad litem is appointed pursuant to G.S. 7A-451 for a person who is less than 18 years old or who is at least 18 years old but remains dependent on and domiciled with a parent or guardian, the parent, guardian, or any trustee in possession of funds or property for the benefit of the person, shall reimburse the State for the attorney or guardian ad litem fees, pursuant to the procedures established in G.S. 7A-450.2 and G.S. 7A-450.3. This section shall not apply in any case in which the person for whom an attorney or guardian ad litem is appointed prevails. (1983, c. 726, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 2.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-450.2 - Determination of fiduciaries at indigency determination; summons; service of process.

§ 7A-450.2. Determination of fiduciaries at indigency determination; summons; service of process.
At the same time as a person who is less than 18 years old or who is at least 18 years old but remains dependent on and domiciled with a parent or guardian is determined to be indigent, and has an attorney or guardian ad litem appointed pursuant to G.S. 7A-451, the court shall determine the identity and address of the parent, guardian or any trustee in possession of funds or property for the benefit of the person. The court shall issue a summons to the parent, guardian or trustee to be present at the dispositional hearing or the sentencing hearing or other appropriate hearing and to be a party to these hearings for the purpose of being determined responsible for reimbursing the State for the person's attorney or guardian ad litem fees, or to show cause why he should not be held responsible.
Both the issuance of the summons and the service of process shall be pursuant to G.S. 1A-1, Rule 4. (1983, c. 726, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-450.3 - Determination of responsibility at hearing.

§ 7A-450.3. Determination of responsibility at hearing.
At the dispositional, sentencing or other hearing of the person who is less than 18 years old or who is at least 18 years old but remains dependent on and domiciled with a parent or guardian, the court shall make a determination whether the parent, guardian or trustee should be held responsible for reimbursing the State for the person's attorney or guardian ad litem fees. This determination shall include the financial situation of the parent, guardian or trustee, the relationship of responsibility the parent, guardian or trustee bears to the person and any showings by the parent, guardian or trustee that the person is emancipated or not dependent. The test of the party's financial ability to pay is the test applied to appointment of an attorney in cases of indigency. Any provision of any deed, trust or other writing, which, if enforced, would defeat the intent or purpose of this section is contrary to the public policy of this State and is void insofar as it may apply to prohibit reimbursement to the State.
If the court determines that the parent, guardian or trustee is responsible for reimbursing the State for the attorney or guardian ad litem fees, the court shall so order. If the party does not comply with the order at the time of disposition, the court shall file a judgment against him for the amount due the State. (1983, c. 726, s. 1; 2005-254, s. 3.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-450.4 - Exemptions.

§ 7A-450.4. Exemptions.
General Statutes 7A-450.1, 7A-450.2 and 7A-450.3 do not authorize the court to require the Department of Health and Human Services or any county Department of Social Services to reimburse the State for fees. (1983, c. 726, s. 1; 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-451.1 - Counsel fees for outpatient involuntary commitment proceedings.

§ 7A-451.1. Counsel fees for outpatient involuntary commitment proceedings.
The State shall pay counsel fees for persons appointed pursuant to G.S. 122C-267(d). (1983, c. 638, s. 24; c. 864, s. 4; 1985, c. 589, s. 4; 1991, c. 761, s. 3.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-452 - Source of counsel; fees; appellate records.

§ 7A-452. Source of counsel; fees; appellate records.
(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.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-453 - Duty of custodian of a possibly indigent person; determination of indigency.

§ 7A-453. Duty of custodian of a possibly indigent person; determination of indigency.
(a) In counties designated by the Office of Indigent Defense Services, the authority having custody of a person who is without counsel for more than 48 hours after being taken into custody shall so inform the designee of the Office of Indigent Defense Services. The designee of the Office of Indigent Defense Services shall make a preliminary determination as to the person's entitlement to his services, and proceed accordingly. The court shall make the final determination.
(b) In counties that have not been designated by the Office of Indigent Defense Services, the authority having custody of a person who is without counsel for more than 48 hours after being taken into custody shall so inform the clerk of superior court.
(c) In any county, if a defendant, upon being taken into custody, states that he is indigent and desires counsel, the authority having custody shall immediately inform the designee of the Office of Indigent Defense Services or the clerk of superior court, as the case may be, who shall take action as provided in this Article.
(d) The duties imposed by this section upon authorities having custody of persons who may be indigent are in addition to the duties imposed upon arresting officers under G.S. 15-47. (1969, c. 1013, s. 1; 1973, c. 1286, s. 8; 1987 (Reg. Sess., 1988), c. 1037, s. 30; 2000-144, s. 8.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-454 - Supporting services.

§ 7A-454. Supporting services.
Fees for the services of an expert witness or other witnesses, paid in accordance with G.S. 7A-314, including travel expenses, lodging, and other appearance expenses, for an indigent person and other necessary expenses of counsel shall be paid by the State in accordance with rules adopted by the Office of Indigent Defense Services. (1969, c. 1013, s. 1; 2000-144, s. 9; 2011-145, s. 31.23C(b); 2011-391, s. 64.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-455.1 - Appointment fee in criminal cases.

§ 7A-455.1. Appointment fee in criminal cases.
(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).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-456 - False statements; penalty.

§ 7A-456. False statements; penalty.
(a) A false material statement made by a person under oath or affirmation in regard to the question of his indigency constitutes a Class I felony.
(b) A judicial official making the determination of indigency shall notify the person of the provisions of subsection (a) of this section.
(c) Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1100, s. 11.1. (1969, c. 1013, s. 1; 1987 (Reg. Sess., 1988), c. 1086, s. 113(c); c. 1100, s. 11.1; 1993 (Reg. Sess., 1994), c. 767, s. 19.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-457 - Waiver of counsel; pleas of guilty.

§ 7A-457. Waiver of counsel; pleas of guilty.
(a) An indigent person who has been informed of his right to be represented by counsel at any in-court proceeding, may, in writing, waive the right to in-court representation by counsel in accordance with rules adopted by the Office of Indigent Defense Services. Any waiver of counsel shall be effective only if the court finds of record that at the time of waiver the indigent person acted with full awareness of his rights and of the consequences of the waiver. In making such a finding, the court shall consider, among other things, such matters as the person's age, education, familiarity with the English language, mental condition, and the complexity of the crime charged.
(b) If an indigent person waives counsel as provided in subsection (a), and pleads guilty to any offense, the court shall inform him of the nature of the offense and the possible consequences of his plea, and as a condition of accepting the plea of guilty the court shall examine the person and shall ascertain that the plea was freely, understandably and voluntarily made, without undue influence, compulsion or duress, and without promise of leniency.
(c) An indigent person who has been informed of his right to be represented by counsel at any out-of-court proceeding, may, either orally or in writing, waive the right to out-of-court representation by counsel. (1969, c. 1013, s. 1; 1971, c. 1243; 1973, c. 151, s. 3; 2000-144, s. 11.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 36 - Entitlement of Indigent Persons Generally. › § 7A-458 - Counsel fees.

§ 7A-458. Counsel fees.
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.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 37B - Domestic Violence Victim Assistance Act. › § 7A-474.16 - Legislative findings and purpose.

§ 7A-474.16. Legislative findings and purpose.
The General Assembly of North Carolina declares it to be its purpose to provide access to legal representation for domestic violence victims in certain kinds of civil matters. The General Assembly finds that such representation can best be provided in an efficient, effective, and economic manner through established legal services programs in this State. (2004-186, s. 4.1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 37B - Domestic Violence Victim Assistance Act. › § 7A-474.17 - Definitions.

§ 7A-474.17. Definitions.
The following definitions shall apply throughout this Article, unless the context otherwise requires:
(1) "Domestic violence victim" means a resident of North Carolina that has been subjected to acts of domestic violence as defined in G.S. 50B-1. A resident is not required to seek a protective order under Chapter 50B of the General Statutes to qualify as a domestic violence victim under this Article.
(2) "Legal assistance" means the provision of any legal services, as defined by Chapter 84 of the General Statutes, consistent with this Article. Provided, that all legal services provided hereunder shall be performed consistently with the Rules of Professional Conduct promulgated by the North Carolina State Bar. Provided, further, that no funds appropriated under this Article shall be used for lobbying to influence the passage or defeat of any legislation before any municipal, county, state, or national legislative body.
(3) "Established legal services program" means the following not-for-profit corporations using State funds to serve the counties listed: Pisgah Legal Services, serving Buncombe, Henderson, Madison, Polk, Rutherford, and Transylvania Counties; and Legal Aid of North Carolina; or any successor entity or entities of the named organizations, or, should any of the named organizations dissolve, the entity or entities providing substantially the same services in substantially the same service area. (2004-186, s. 4.1; 2008-194, s. 3(c).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 37B - Domestic Violence Victim Assistance Act. › § 7A-474.18 - Eligible activities and limitations.

§ 7A-474.18. Eligible activities and limitations.
(a) Eligible Activities. – Funds appropriated under this Article shall be used only for the following purposes:
(1) To provide legal assistance to domestic violence victims.
(2) To provide education to domestic violence victims regarding their rights and duties under the law.
(3) To involve the private bar in the representation of domestic violence victims pursuant to this Article.
(b) Eligible Cases. – The funds shall be prioritized by each legal services program to serve the greatest number of eligible clients, with emphasis placed on representation of clients needing legal assistance with proceedings pursuant to Chapter 50B of the General Statutes. Legal assistance shall be provided to eligible clients under this Article only in the following types of cases:
(1) Actions for protective orders issued pursuant to Chapter 50B of the General Statutes;
(2) Child custody and visitation issues; and
(3) Legal services which ensure the safety of the client and the client's children.
(c) Limitations. – No funds appropriated under this Article shall be used for any of the following purposes:
(1) To provide legal assistance with respect to any criminal proceeding; or
(2) To provide legal assistance to any prisoner within the Division of Prisons of the Department of Adult Correction with regard to the terms of that person's incarceration. (2004-186, s. 4.1; 2011-145, s. 19.1(h); 2012-83, s. 16; 2017-186, s. 2(h); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 37B - Domestic Violence Victim Assistance Act. › § 7A-474.19 - Funds.

§ 7A-474.19. Funds.
Funds to provide representation pursuant to this Article shall be provided to the North Carolina State Bar for provision of direct services by and support of the established legal services programs. The North Carolina State Bar shall allocate these funds directly to each of the established legal services programs with Pisgah Legal Services receiving the allocation for Buncombe, Henderson, Madison, Polk, Rutherford, and Transylvania Counties. Funds shall be allocated to each program based on the counties served by that program using the following formula:
(1) Twenty percent (20%) based on a fixed equal dollar amount for each county.
(2) Eighty percent (80%) based on the rate of civil actions filed pursuant to Chapter 50B of the General Statutes in that county.
The North Carolina State Bar shall not use any of these funds for its administrative costs. (2004-186, s. 4.1; 2008-194, s. 3(d).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 37B - Domestic Violence Victim Assistance Act. › § 7A-474.20 - Records and reports.

§ 7A-474.20. Records and reports.
The established legal services programs shall keep appropriate records and make periodic reports, as requested, to the North Carolina State Bar. The North Carolina State Bar shall report annually to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the amount of the funds disbursed and the use of the funds by each legal services program receiving funds. The report to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety shall be made by January 15 of each year beginning January 15, 2006. (2004-186, s. 4.1; 2013-360, s. 18B.5.)