§ 7A-498.4. Establishment of Commission on Indigent Defense Services.
§ 7A‑498.4. Establishment of Commission onIndigent Defense Services.
(a) The Commission on Indigent Defense Services is createdwithin the Office of Indigent Defense Services and shall consist of 13 members.To create an effective working group, assure continuity, and achieve staggeredterms, the Commission shall be appointed as provided in this section.
(b) The members of the Commission shall be appointed as follows:
(1) The Chief Justice of the North Carolina Supreme Court shallappoint one member, who shall be an active or former member of the NorthCarolina judiciary.
(2) The Governor shall appoint one member, who shall be anonattorney.
(3) The General Assembly shall appoint one member, who shall bean attorney, upon the recommendation of the President Pro Tempore of theSenate.
(4) The General Assembly shall appoint one member, who shall bean attorney, upon the recommendation of the Speaker of the House ofRepresentatives.
(5) The North Carolina Public Defenders Association shallappoint member, who shall be an attorney.
(6) The North Carolina State Bar shall appoint one member, whoshall be an attorney.
(7) The North Carolina Bar Association shall appoint one member,who shall be an attorney.
(8) The North Carolina Academy of Trial Lawyers shall appointone member, who shall be an attorney.
(9) The North Carolina Association of Black Lawyers shallappoint one member, who shall be an attorney.
(10) The North Carolina Association of Women Lawyers shall appointone member, who shall be an attorney.
(11) The Commission shall appoint three members, who shall residein different judicial districts from one another. One appointee shall be anonattorney, and one appointee may be an active member of the North Carolinajudiciary. One appointee shall be Native American. The initial three memberssatisfying this subdivision shall be appointed as provided in subsection (k) ofthis section.
(c) The terms of members appointed pursuant to subsection (b) ofthis section shall be as follows:
(1) The initial appointments by the Chief Justice, the Governor,and the General Assembly shall be for four years.
(2) The initial appointments by the Public Defenders Associationand State Bar, and one appointment by the Commission, shall be for three years.
(3) The initial appointments by the Bar Association and TrialAcademy, and one appointment by the Commission, shall be for two years.
(4) The initial appointments by the Black Lawyers Associationand Women Lawyers Association, and one appointment by the Commission, shall befor one year.
At the expiration of these initial terms, appointments shall be forfour years and shall be made by the appointing authorities designated insubsection (b) of this section. No person shall serve more than two consecutivefour‑year terms plus any initial term of less than four years.
(d) Persons appointed to the Commission shall have significantexperience in the defense of criminal or other cases subject to this Article orshall have demonstrated a strong commitment to quality representation in indigentdefense matters. No active prosecutors or law enforcement officials, or activeemployees of such persons, may be appointed to or serve on the Commission. Noactive judicial officials, or active employees of such persons, may beappointed to or serve on the Commission, except as provided in subsection (b)of this section. No active public defenders, active employees of publicdefenders, or other active employees of the Office of Indigent Defense Servicesmay be appointed to or serve on the Commission, except that notwithstandingthis subsection, G.S. 14‑234, or any other provision of law, Commissionmembers may include part‑time public defenders employed by the Office ofIndigent Defense Services and may include persons, or employees of persons ororganizations, who provide legal services subject to this Article ascontractors or appointed attorneys.
(e) All members of the Commission are entitled to vote on anymatters coming before the Commission unless otherwise provided by rules adoptedby the Commission concerning voting on matters in which a member has, orappears to have, a financial or other personal interest.
(f) Each member of the Commission shall serve until a successorin office has been appointed. Vacancies shall be filled by appointment by theappointing authority for the unexpired term. Removal of Commission membersshall be in accordance with policies and procedures adopted by the Commission.
(g) A quorum for purposes of conducting Commission businessshall be a majority of the members of the Commission.
(h) The Commission shall elect a Commission chair from themembers of the Commission for a term of two years.
(i) The Director of Indigent Defense Services shall attend allCommission meetings except those relating to removal or reappointment of theDirector or allegations of misconduct by the Director. The Director shall notvote on any matter decided by the Commission.
(j) Commission members shall not receive compensation but areentitled to be paid necessary subsistence and travel expenses in accordancewith G.S. 138‑5 and G.S. 138‑6 as applicable.
(k) The Commission shall hold its first meeting no later thanSeptember 15, 2000. All appointments to the Commission specified insubdivisions (1) through (10) of subsection (b) of this section shall be madeby the appointing authorities by September 1, 2000. The appointee of the ChiefJustice shall convene the first meeting. No later than 30 days after its firstmeeting, the Commission shall make the appointments specified in subdivision(11) of subsection (b) of this section and shall elect its chair. (2000‑144, s. 1; 2001‑424, s. 22.11(b).)