GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 424

Short Title:  Indigents' Representation.	(Public)
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Sponsors: Senator Sands.
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Referred to:  Judiciary II.
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April 1, 1991

A BILL TO BE ENTITLED
AN ACT TO EXPAND THE AUTHORITY OF THE ADMINISTRATIVE OFFICER OF THE COURTS TO CONTRACT FOR THE SERVICES OF PRIVATE ATTORNEYS FOR SPECIALIZED REPRESENTATION OF INDIGENTS AND TO EXPAND THE AUTHORITY OF THE COURTS TO REQUIRE PAYMENT OF ATTORNEYS' FEES BY PARENTS WHO ARE FINANCIALLY ABLE TO PAY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-344 reads as rewritten:
"§ 7A-344.  Special duties of Director concerning representation of indigent persons.
In addition to the duties prescribed in G.S. 7A-343, the Director shall also:
(1)	Supervise and coordinate the operation of the laws and regulations concerning the assignment of legal counsel for indigent persons under Subchapter IX of this Chapter to the end that all indigent persons are adequately represented;
(2)	Advise and cooperate with the offices of the public defenders as needed to achieve maximum effectiveness in the discharge of the defender's responsibilities;
(3)	Collect data on the operation of the assigned counsel and the public defender systems, and make such recommendations to the General Assembly for improvement in the operation of these systems as appear to him to be appropriate; and
(4)	Accept and utilize federal or private funds, as available, to improve defense services for the indigent, including indigent juveniles alleged to be delinquent or undisciplined.  To facilitate processing of juvenile and other cases, the administrative officer is further authorized to engage the services of a particular attorney or attorneys to provide specialized representation on a full-time or part-time basis."
Sec. 2.  G.S. 7A-588 reads as rewritten:
"§ 7A-588.  Payment of court appointed attorney or guardian ad litem.
An attorney or guardian ad litem appointed pursuant to G.S. 7A-584, 7A-586 or 7A-587 of this Article, pursuant to any other provision of the Juvenile Code, or pursuant to G.S. 7A-289.23 shall be paid a reasonable fee fixed by the court in the same manner as fees for attorneys appointed in cases of indigency or by direct engagement for specialized guardian ad litem services through the Administrative Office of the Courts.  The judge may require payment of the attorney or guardian ad litem fee from a person other than the juvenile as provided in G.S. 7A-450.1, 7A-450.2 and 7A-450.3.  In no event shall the parent or guardian be required to pay the fees for an appointed attorney or guardian ad litem in an abuse, neglect, or dependency proceeding unless the juvenile has been adjudicated to be abused, neglected, or dependent, or, in a proceeding to terminate parental rights, unless the parent's rights have been terminated.  A person who does not comply with the court's order of payment may be punished for contempt as provided in G.S. 5A-21."
Sec. 3.  This act becomes effective July 1, 1991.