§ 7A-498.8. Appellate Defender.
§ 7A‑498.8. AppellateDefender.
(a) The appellatedefender shall be appointed by the Commission on Indigent Defense Services fora term of four years. A vacancy in the office of appellate defender shall befilled by appointment of the Commission on Indigent Defense Services for theunexpired term. The appellate defender may be suspended or removed from officefor cause by two‑thirds vote of all the members of the Commission onIndigent Defense Services. The Commission shall provide the appellate defenderwith timely written notice of the alleged causes and an opportunity for hearingbefore the Commission prior to taking any final action to remove or suspend theappellate defender, and the appellate defender shall be given written notice ofthe Commission's decision. The appellate defender may obtain judicial review ofsuspension or removal by the Commission by filing a petition within 30 days ofreceiving notice of the decision with the Superior Court of Wake County. Reviewof the Commission's decision shall be heard on the record and not as a de novoreview or trial de novo. The Commission shall adopt rules implementing thissection.
(b) The appellatedefender shall perform such duties as may be directed by the Office of IndigentDefense Services, including:
(1) Representingindigent persons subsequent to conviction in trial courts. The Office ofIndigent Defense Services may, following consultation with the appellatedefender and consistent with the resources available to the appellate defenderto ensure quality criminal defense services by the appellate defender's office,assign appeals, or authorize the appellate defender to assign appeals, to alocal public defender's office or to private assigned counsel.
(2) Maintaining aclearinghouse of materials and a repository of briefs prepared by the appellatedefender to be made available to private counsel representing indigents incriminal cases.
(3) Providing continuinglegal education training to assistant appellate defenders and to privatecounsel representing indigents in criminal cases, including capital cases, asresources are available.
(4) Providing consultingservices to attorneys representing defendants in capital cases.
(5) Recruiting qualifiedmembers of the private bar who are willing to provide representation in Stateand federal death penalty postconviction proceedings.
(6) In the appellatedefender's discretion, serving as counsel of record for indigent defendants incapital cases in State court.
(6a) In the appellatedefender's discretion, serving as counsel of record for indigent defendants inthe United States Supreme Court pursuant to a petition for writ of certiorariof the decision on direct appeal by a court of the North Carolina AppellateDivision.
(7) Undertaking otherdirect representation and consultation in capital cases pending in federalcourt only to the extent that such work is fully federally funded.
(c) The appellatedefender shall appoint assistants and staff, not to exceed the numberauthorized by the Office of Indigent Defense Services. The assistants and staffshall serve at the pleasure of the appellate defender.
(d) Funds to operatethe office of appellate defender, including office space, office equipment,supplies, postage, telephone, library, staff salaries, training, and travel,shall be provided by the Office of Indigent Defense Services from fundsauthorized by law. Salaries shall be set by the Office of Indigent DefenseServices. (2000‑144,s. 1; 2007‑323, s. 14.19(b); 2008‑187, s. 3.)