§ 7A-498.7. Public Defender Offices.
§ 7A‑498.7. PublicDefender Offices.
(a) The followingcounties of the State are organized into the defender districts listed below,and in each of those defender districts an office of public defender isestablished:
Defender District Counties
1 Camden,Chowan, Currituck, Dare, Gates, Pasquotank,
Perquimans
3A Pitt
3B Carteret
5 NewHanover
10 Wake
12 Cumberland
14 Durham
15B Orange,Chatham
16A Scotland,Hoke
16B Robeson
18 Guilford
21 Forsyth
26 Mecklenburg
27A Gaston
28 Buncombe
29B Henderson,Polk, Transylvania
After notice to, and consultationwith, the affected district bar, senior resident superior court judge, andchief district court judge, the Commission on Indigent Defense Services mayrecommend to the General Assembly that a district or regional public defenderoffice be established. A legislative act is required in order to establish anew office or to abolish an existing office.
(b) For each new term,and to fill any vacancy, public defenders shall be appointed from a list of notless than two and not more than three names nominated by written ballot of theattorneys resident in the defender district who are licensed to practice law inNorth Carolina. The balloting shall be conducted pursuant to rules adopted bythe Commission on Indigent Defense Services. The appointment shall be made bythe senior resident superior court judge of the superior court district or setof districts as defined in G.S. 7A‑44.1 that includes the county orcounties of the defender district for which the public defender is beingappointed.
(c) A public defendershall be an attorney licensed to practice law in North Carolina and shalldevote full time to the duties of the office. In lieu of merit and otherincrement raises paid to regular State employees, a public defender shallreceive as longevity pay an amount equal to four and eight‑tenths percent(4.8%) of the annual salary set forth in the Current Operations AppropriationsAct payable monthly after five years of service, nine and six‑tenthspercent (9.6%) after 10 years of service, fourteen and four‑tenthspercent (14.4%) after 15 years of service, nineteen and two‑tenthspercent (19.2%) after 20 years of service, and twenty‑four percent (24%)after 25 years of service. "Service" means service as a publicdefender, appellate defender, assistant public or appellate defender, districtattorney, assistant district attorney, justice or judge of the General Court ofJustice, or clerk of superior court.
(c1) When traveling onofficial business, each public defender and assistant public defender isentitled to reimbursement for his or her subsistence expenses to the sameextent as State employees generally. When traveling on official businessoutside his or her county of residence, each public defender and assistantpublic defender is entitled to reimbursement for travel expenses to the sameextent as State employees generally. For purposes of this subsection, the term"official business" does not include regular, daily commuting betweena person's home and the public defender's office. Travel distances, forpurposes of reimbursement for mileage, shall be determined according to thetravel policy of the Administrative Office of the Courts.
(d) Subject tostandards adopted by the Commission, the day‑to‑day operation andadministration of public defender offices shall be the responsibility of thepublic defender in charge of the office. The public defender shall keepappropriate records and make periodic reports, as requested, to the Director ofthe Office of Indigent Defense Services on matters related to the operation ofthe office.
(e) The Office ofIndigent Defense Services shall procure office equipment and supplies for thepublic defender, and provide secretarial and library support from State fundsappropriated to the public defender's office for this purpose.
(f) Each publicdefender is entitled to assistant public defenders, investigators, and otherstaff, full‑time or part‑time, as may be authorized by theCommission. Assistants, investigators, and other staff are appointed by thepublic defender and serve at the pleasure of the public defender. Average andminimum compensation of assistants shall be as provided in the biennial CurrentOperations Appropriations Act. The actual salaries of assistants shall be setby the public defender in charge of the office, subject to approval by theCommission. The Commission shall fix the compensation of investigators.Assistants and investigators shall perform such duties as may be assigned bythe public defender.
(g) In lieu of meritand other increment raises paid to regular State employees, an assistant publicdefender shall receive as longevity pay an amount equal to four and eight‑tenthspercent (4.8%) of the annual salary set forth in the Current OperationsAppropriations Act payable monthly after five years of service, nine and six‑tenthspercent (9.6%) after 10 years of service, fourteen and four‑tenthspercent (14.4%) after 15 years of service, nineteen and two‑tenthspercent (19.2%) after 20 years of service, and twenty‑four percent (24%)after 25 years of service. "Service" means service as a publicdefender, appellate defender, assistant public or appellate defender, districtattorney, assistant district attorney, justice or judge of the General Court ofJustice, or clerk of superior court.
(h) The term of officeof public defender appointed under this section is four years. A publicdefender or assistant public defender may be suspended or removed from office,and reinstated, for the same causes and under the same procedures as areapplicable to removal of a district attorney.
(i) A public defendermay apply to the Director of the Office of Indigent Defense Services to enterinto contracts with local governments for the provision by the State ofservices of temporary assistant public defenders pursuant to G.S. 153A‑212.1or G.S. 160A‑289.1.
(j) The Director ofthe Office of Indigent Defense Services may provide assistance requestedpursuant to subsection (i) of this section only upon a showing by therequesting public defender, supported by facts, that the overwhelming publicinterest warrants the use of additional resources for the speedy disposition ofcases involving drug offenses, domestic violence, or other offenses involving athreat to public safety.
(k) The terms of any contractentered into with local governments pursuant to subsection (i) of this sectionshall be fixed by the Director of the Office of Indigent Defense Services ineach case. Nothing in this section shall be construed to obligate the GeneralAssembly to make any appropriation to implement the provisions of this sectionor to obligate the Office of Indigent Defense Services to provide theadministrative costs of establishing or maintaining the positions or servicesprovided for under this section. Further, nothing in this section shall beconstrued to obligate the Office of Indigent Defense Services to maintainpositions or services initially provided for under this section. (2000‑144, s. 1; 2001‑424,ss. 22.11(a), 22.11(d); 2002‑126, s. 14.11(a); 2003‑284, ss.30.19A(c), (d); 2004‑124, ss. 14.4(a), (b); 2005‑276, s. 14.14(a);2005‑345, s. 50A; 2007‑323, ss. 14.4(d), 28.18A(g); 2009‑451,s. 15.17B(c).)