North Carolina § 7A-450 - Indigency; definition; entitlement; determination; change of status.

§ 7A-450. Indigency; definition; entitlement; determination; change of status.

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. 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. 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. 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. 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. History (1969, c. 1013, s. 1; 1981, c. 409, s. 2; c. 937, s. 3; 1985, c. 698, s. 22(a); 2000-144, s. 5.) Cross References. - For the Indigent Defense Services Act, see Chapter 7A , Subchapter IX, Article 39B, G.S. 7A-498 et seq. As to representation by counsel of person affected by limited freedom of movement or access imposed due to terrorist incident, see G.S. 130A-475(b). Legal Periodicals. - For comment on assigned counsel and public defender systems, see 49 N.C.L. Rev. 705 (1971). For note on providing indigent criminal defendants state-paid investigators, see 13 Wake Forest L. Rev. 655 (1977). For note on an indigent's constitutional right to a state-paid expert, see 16 Wake Forest L. Rev. 1031 (1980). For survey of 1980 law on criminal procedure, see 59 N.C.L. Rev. 1140 (1981). For note discussing failure to communicate and effective assistance of counsel in light of State v. Hutchins, 303 N.C. 321 , 279 S.E.2d 788 (1981), see 13 N.C. Cent. L.J. 101 (1981). For survey of 1981 law on criminal procedure, see 60 N.C.L. Rev. 1302 (1982). For note discussing defendant's due process right to a psychiatric expert, see 8 Campbell L. Rev. 323 (1986). For note, "North Carolina County Jail Inmates' Right of Access to Courts," see 66 N.C.L. Rev. 583 (1988). For note, "The Right to Appointment of Counsel for the Indigent Civil Contemnor Facing Incarceration for Failure to Pay Child Support - McBride v. McBride," 16 Campbell L. Rev. 127 (1994).