GENERAL ASSEMBLY OF NORTH CAROLINA

                          SESSION 1999





                      SESSION LAW 2000-144

                        SENATE BILL 1323





AN ACT TO IMPLEMENT THE RECOMMENDATION OF THE INDIGENT DEFENSE

  STUDY COMMISSION TO ESTABLISH AN OFFICE OF INDIGENT DEFENSE

  SERVICES.



The General Assembly of North Carolina enacts:



PART I.  OFFICE OF INDIGENT DEFENSE SERVICES



         Section 1.  Subdivision IX of Chapter 7A of the General

Statutes is amended by adding a new Article to read:

                      "ARTICLE 39B.

             "Indigent Defense Services Act.

" 7A-498.  Title.

  This Article shall be known and may be cited as the

`Indigent Defense Services Act of 2000'.

" 7A-498.1.  Purpose.

  Whenever a person is determined to be indigent and entitled

to counsel, it is the responsibility of the State under the

federal and state constitutions to provide that person with

counsel and the other necessary expenses of representation.  The

purpose of this Article is to:

         (1)     Enhance oversight of the delivery of

     counsel and related services provided at State expense;

         (2)     Improve the quality of representation

     and ensure the independence of counsel;

         (3)     Establish uniform policies and

     procedures for the delivery of services;

         (4)     Generate reliable statistical

     information in order to evaluate the services provided and

     funds expended; and

         (5)     Deliver services in the most efficient

     and cost-effective manner without sacrificing quality

     representation.

" 7A-498.2.  Establishment of Office of Indigent Defense

Services.

  (a)  The Office of Indigent Defense Services, which is

administered by the Director of Indigent Defense Services and

includes the Commission on Indigent Defense Services, is created

within the Judicial Department.  As used in this Article,

`Office' means the Office of Indigent Defense Services,

`Director' means the Director of Indigent Defense Services, and

`Commission' means the Commission on Indigent Defense

Services.

  (b) The Office of Indigent Defense Services shall exercise

its prescribed powers independently of the head of the

Administrative Office of the Courts.  The Office may enter into

contracts, own property, and accept funds, grants, and gifts from

any public or private source to pay expenses incident to

implementing its purposes.

  (c)  The Director of the Administrative Office of the Courts

shall provide general administrative support to the Office of

Indigent Defense Services.  The term `general administrative

support' includes purchasing, payroll, and similar administrative

services.

  (d)  The budget of the Office of Indigent Defense Services

shall be a part of the Judicial Department's budget.  The

Commission on Indigent Defense Services shall consult with the

Director of the Administrative Office of the Courts, who shall

assist the Commission in preparing and presenting to the General

Assembly the Office's budget, but the Commission shall have the

final authority with respect to preparation of the Office's

budget and with respect to representation of matters pertaining

to the Office before the General Assembly.

  (e)  The Director of the Administrative Office of the Courts

shall not reduce or modify the budget of the Office of Indigent

Defense Services or use funds appropriated to the Office without

the approval of the Commission.

" 7A-498.3.  Responsibilities of Office of Indigent

Defense Services.

  (a)  The Office of Indigent Defense Services shall be

responsible for establishing, supervising, and maintaining a

system for providing legal representation and related services in

the following cases:

         (1)     Cases in which an indigent person is

     subject to a deprivation of liberty or other

     constitutionally protected interest and is entitled by law

     to legal representation;

         (2)     Cases in which an indigent person is

     entitled to legal representation under G.S. 7A-451 and G.S.

     7A-451.1; and

         (3)     Any other cases in which the Office of

     Indigent Defense Services is designated by statute as

     responsible for providing legal representation.

  (b)  The Office of Indigent Defense Services shall develop

policies and procedures for determining indigency in cases

subject to this Article, and those policies shall be applied

uniformly throughout the State.  The court shall determine in

each case whether a person is indigent and entitled to legal

representation, and counsel shall be appointed as provided in

G.S. 7A-452.

  (c)  In all cases subject to this Article, appointment of

counsel, determination of compensation, appointment of experts,

and use of funds for experts and other services related to legal

representation shall be in accordance with rules and procedures

adopted by the Office of Indigent Defense Services.

  (d)  The Office of Indigent Defense Services shall allocate

and disburse funds appropriated for legal representation and

related services in cases subject to this Article pursuant to

rules and procedures established by the Office.

" 7A-498.4. Establishment of Commission on Indigent

Defense Services.

  (a)  The Commission on Indigent Defense Services is created

within the Office of Indigent Defense Services and shall consist

of 13 members.  To create an effective working group, assure

continuity, and achieve staggered terms, 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 shall appoint one member, who shall

     be an active or former member of the North Carolina

     judiciary.

         (2)     The Governor shall appoint one member,

     who shall be a nonattorney.

         (3)     The General Assembly shall appoint one

     member upon the recommendation of the President Pro Tempore

     of the Senate.

         (4)     The General Assembly shall appoint one

     member upon the recommendation of the Speaker of the House

     of Representatives.

         (5)     The North Carolina Public Defenders

     Association shall appoint one member.

         (6)     The North Carolina State Bar shall

     appoint one member.

         (7)     The North Carolina Bar Association

     shall appoint one member.

         (8)     The North Carolina Academy of Trial

     Lawyers shall appoint one member.

         (9)     The North Carolina Association of

     Black Lawyers shall appoint one member.

         (10)    The North Carolina Association of

     Women Lawyers shall appoint one member.

         (11)    The Commission shall appoint three

     members, who shall reside in different judicial districts

     from one another.  One appointee shall be a nonattorney, and

     one appointee may be an active member of the North Carolina

     judiciary.  One appointee shall be Native American.  The

     initial three members satisfying this subdivision shall be

     appointed as provided in subsection (k) of this section.

  (c)  The terms of members appointed pursuant to subsection

(b) of this 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 Association and State Bar, and one appointment by

     the Commission, shall be for three years.

         (3)     The initial appointments by the Bar

     Association and Trial Academy, and one appointment by the

     Commission, shall be for two years.

         (4)     The initial appointments by the Black

     Lawyers Association and Women Lawyers Association, and one

     appointment by the Commission, shall be for one year.

  At the expiration of these initial terms, appointments shall

be for four years and shall be made by the appointing authorities

designated in subsection (b) of this section.  No person shall

serve more than two consecutive four-year terms plus any initial

term of less than four years.

  (d)  Persons appointed to the Commission shall have

significant experience in the defense of criminal or other cases

subject to this Article or shall have demonstrated a strong

commitment to quality representation in indigent defense matters.

No active prosecutors or law enforcement officials, or active

employees of such persons, may be appointed to or serve on the

Commission.  No active judicial officials, or active employees of

such persons, may be appointed to or serve on the Commission,

except as provided in subsection (b) of this section.  No active

public defenders, active employees of public defenders, or other

active employees of the Office of Indigent Defense Services may

be appointed to or serve on the Commission, except that

notwithstanding this subsection, G.S. 14-234, or any other

provision of law, Commission members may include part-time public

defenders employed by the Office of Indigent Defense Services and

may include persons, or employees of persons or organizations,

who provide legal services subject to this Article as contractors

or appointed attorneys.

  (e)  All members of the Commission are entitled to vote on

any matters coming before the Commission unless otherwise

provided by rules adopted by the Commission concerning voting on

matters in which a member has, or appears to have, a financial or

other personal interest.

  (f)  Each member of the Commission shall serve until a

successor in office has been appointed.  Vacancies shall be

filled by appointment by the appointing authority for the

unexpired term. Removal of Commission members shall be in

accordance with policies and procedures adopted by the

Commission.

  (g)  A quorum for purposes of conducting Commission business

shall be a majority of the members of the Commission.

  (h)  The Commission shall elect a Commission chair from the

members of the Commission for a term of two years.

  (i)  The Director of Indigent Defense Services shall attend

all Commission meetings except those relating to removal or

reappointment of the Director or allegations of misconduct by the

Director.  The Director shall not vote on any matter decided by

the Commission.

  (j)  Commission members shall not receive compensation but

are entitled to be paid necessary subsistence and travel expenses

in accordance with G.S. 138-5 and G.S. 138-6 as applicable.

  (k)  The Commission shall hold its first meeting no later

than September 15, 2000.  All appointments to the Commission

specified in subdivisions (1) through (10) of subsection (b) of

this section shall be made by the appointing authorities by

September 1, 2000.  The appointee of the Chief Justice shall

convene the first meeting.  No later than 30 days after its first

meeting, the Commission shall make the appointments specified in

subdivision (11) of subsection (b) of this section and shall

elect its chair.

" 7A-498.5.  Responsibilities of Commission.

  (a)  The Commission shall have as its principal purpose the

development and improvement of programs by which the Office of

Indigent Defense Services provides legal representation to

indigent persons.

  (b)  The Commission shall appoint the Director of the Office

of Indigent Defense Services, who shall be chosen on the basis of

training, experience, and other qualifications.  The Commission

shall consult with the Chief Justice and Director of the

Administrative Office of the Courts in selecting a Director, but

shall have final authority in making the appointment.

  (c)  The Commission shall develop standards governing the

provision of services under this Article.  The standards shall

include:

         (1)     Standards for maintaining and

     operating regional and district public defender offices and

     appellate defender offices, including requirements regarding

     qualifications, training, and size of the legal and

     supporting staff;

         (2)     Standards prescribing minimum

     experience, training, and other qualifications for appointed

     counsel;

         (3)     Standards for public  defender and

     appointed counsel caseloads;

         (4)     Standards for the performance of

     public defenders and appointed counsel;

         (5)     Standards for the independent,

     competent, and efficient representation of clients whose

     cases present conflicts of interest, in both the trial and

     appellate courts;

         (6)     Standards for providing and

     compensating experts and others who provide services related

     to legal representation;

         (7)     Standards for qualifications and

     performance in capital cases; and

         (8)     Standards for determining indigency

     and for assessing and collecting the costs of legal

     representation and related services.

  (d)  The Commission shall determine the methods for

delivering legal services to indigent persons eligible for legal

representation under this Article and shall establish in each

district or combination of districts a system of appointed

counsel, contract counsel, part-time public defenders, public

defender offices, appellate defender services, and other methods

for delivering counsel services, or any combination of these

services.

  (e)  In determining the method of services to be provided in

a particular district, the Director shall consult with the

district bar as defined in G.S. 84-19 and the judges of the

district or districts under consideration.  The Commission shall

adopt procedures ensuring that affected local bars have the

opportunity to be significantly involved in determining the

method or methods for delivering services in their districts.

The Commission shall solicit written comments from the affected

local district bar, senior resident superior court judge, and

chief district court judge.  Those comments, along with the

recommendations of the Commission, shall be forwarded to the

members of the General Assembly who represent the affected

district and to other interested parties.

  (f)  The Commission shall establish policies and procedures

with respect to the distribution of funds appropriated under this

Article, including rates of compensation for appointed counsel,

schedules of allowable expenses, appointment and compensation of

expert witnesses, and procedures for applying for and receiving

compensation.

  (g)  The Commission shall approve and recommend to the

General Assembly a budget for the Office of Indigent Defense

Services.

  (h)  The Commission shall adopt such other rules and

procedures as it deems necessary for the conduct of business by

the Commission and the Office of Indigent Defense Services.

" 7A-498.6.  Director of Indigent Defense

Services.

  (a)  The Director of Indigent Defense Services shall be

appointed by the Commission for a term of four years.  The

Director may be removed during this term in the discretion of the

Commission by a vote of two-thirds of all of the Commission

members.  The Director shall be an attorney licensed and eligible

to practice in the courts of this State at the time of

appointment and at all times during service as the Director.

  (b)  The Director shall:

         (1)     Prepare and submit to the Commission a

     proposed budget for the Office of Indigent Defense Services,

     an annual report containing pertinent data on the

     operations, costs, and needs of the Office, and such other

     information as the Commission may require;

         (2)     Assist the Commission in developing

     rules and standards for the delivery of services under this

     Article;

         (3)     Administer and coordinate the

     operations of the Office and supervise compliance with

     standards adopted by the Commission;

         (4)     Subject to policies and procedures

     established by the Commission, hire such professional,

     technical, and support personnel as deemed reasonably

     necessary for the efficient operation of the Office of

     Indigent Defense Services;

         (5)     Keep and maintain proper financial

     records for use in calculating the costs of the operations

     of the Office of Indigent Defense Services;

         (6)     Apply for and accept on behalf of the

     Office of Indigent Defense Services any funds that may

     become available from government grants, private gifts,

     donations, or bequests from any source;

         (7)     Coordinate the services of the Office

     of Indigent Defense Services with any federal, county, or

     private programs established to provide assistance to

     indigent persons in cases subject to this Article and

     consult with professional bodies concerning improving the

     administration of indigent services;

         (8)     Conduct training programs for

     attorneys and others involved in the legal representation of

     persons subject to this Article; and

         (9)     Perform other duties as the Commission

     may assign.

" 7A-498.7.  Public Defender Offices.

  (a)  The following counties of the State are organized into

the defender districts listed below, and in each of those

defender districts an office of public defender is

established:



         Defender

         District               Counties





         3A                     Pitt

         3B                     Carteret

         12                     Cumberland

         14                     Durham

         15B                    Orange, Chatham

         16A                    Scotland, Hoke

         16B                    Robeson

         18                     Guilford

         26                     Mecklenburg

         27A                    Gaston

         28                     Buncombe

  After notice to, and consultation with, the affected

district bar, senior resident superior court judge, and chief

district court judge, the Commission on Indigent Defense Services

may recommend to the General Assembly that a district or regional

public defender office be established.  A legislative act is

required in order to establish a new 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 not less than two and

not more than three names nominated by written ballot of the

attorneys resident in the defender district who are licensed to

practice law in North Carolina.  The balloting shall be conducted

pursuant to rules adopted by the Commission on Indigent Defense

Services.  The appointment shall be made by the senior resident

superior court judge of the superior court district or set of

districts as defined in G.S. 7A-44.1 that includes the county or

counties of the defender district for which the public defender

is being appointed.

  (c)  A public defender shall be an attorney licensed to

practice law in North Carolina and shall devote full time to the

duties of the office.  In lieu of merit and other increment

raises paid to regular State employees, a public defender shall

receive as longevity pay an amount equal to four and eight-tenths

percent (4.8%) of the annual salary set forth in the Current

Operations Appropriations Act payable monthly after five years of

service, nine and six-tenths percent (9.6%) after 10 years of

service, fourteen and four-tenths percent (14.4%) after 15 years

of service, and nineteen and two-tenths percent (19.2%) after 20

years of service.  `Service' means service as a public defender,

appellate defender, assistant public or appellate defender,

assistant district attorney, justice or judge of the General

Court of Justice, or clerk of superior court.

  (d)  Subject to standards adopted by the Commission, the day-

to-day operation and administration of public defender offices

shall be the responsibility of the public defender in charge of

the office.  The public defender shall keep appropriate records

and make periodic reports, as requested, to the Director of the

Office of Indigent Defense Services on matters related to the

operation of the office.

  (e)  The Office of Indigent Defense Services shall procure

office equipment and supplies for the public defender, and

provide secretarial and library support from State funds

appropriated to the public defender's office for this

purpose.

  (f)  Each public defender is entitled to assistant public

defenders, investigators, and other staff, full-time or part-

time, as may be authorized by the Commission.  Assistants,

investigators, and other staff are appointed by the public

defender and serve at the pleasure of the public defender.

Average and minimum compensation of assistants shall be as

provided in the biennial Current Operations Appropriations Act.

The actual salaries of assistants shall be set by the public

defender in charge of the office, subject to approval by the

Commission.  The Commission shall fix the compensation of

investigators.  Assistants and investigators shall perform such

duties as may be assigned by the public defender.

  (g)  In lieu of merit and other increment raises paid to

regular State employees, an assistant public defender shall

receive as longevity pay an amount equal to four and eight-tenths

percent (4.8%) of the annual salary set forth in the Current

Operations Appropriations Act payable monthly after five years of

service, nine and six-tenths percent (9.6%) after 10 years of

service, fourteen and four-tenths percent (14.4%) after 15 years

of service, and nineteen and two-tenths percent (19.2%) after 20

years of service.  `Service' means service as a public defender,

appellate defender, assistant public or appellate defender,

assistant district attorney, justice or judge of the General

Court of Justice, or clerk of superior court.

  (h)  The term of office of public defender appointed under

this section is four years.  A public defender or assistant

public defender may be suspended or removed from office, and

reinstated, for the same causes and under the same procedures as

are applicable to removal of a district attorney.

" 7A-498.8.  Appellate Defender.

  (a)  The appellate defender shall be appointed by the

Commission on Indigent Defense Services for a term of four years.

A vacancy in the office of appellate defender shall be filled by

appointment of the Commission on Indigent Defense Services for

the unexpired term.  The appellate defender may be suspended or

removed from office for cause by two-thirds vote of all the

members of the Commission on Indigent Defense Services.  The

Commission shall provide the appellate defender with timely

written notice of the alleged causes and an opportunity for

hearing before the Commission prior to taking any final action to

remove or suspend the appellate defender, and the appellate

defender shall be given written notice of the Commission's

decision.  The appellate defender may obtain judicial review of

suspension or removal by the Commission by filing a petition

within 30 days of receiving notice of the decision with the

Superior Court of Wake County.  Review of the Commission's

decision shall be heard on the record and not as a de novo review

or trial de novo.  The Commission shall adopt rules implementing

this section.

  (b)  The appellate defender shall perform such duties as may

be directed by the Office of Indigent Defense Services,

including:

         (1)     Representing indigent persons

     subsequent to conviction in trial courts. The Office of

     Indigent Defense Services may, following consultation with

     the appellate defender and consistent with the resources

     available to the appellate defender to ensure quality

     criminal defense services by the appellate defender's

     office, assign appeals, or authorize the appellate defender

     to assign appeals, to a local public defender's office or to

     private assigned counsel.

         (2)     Maintaining a clearinghouse of

     materials and a repository of briefs prepared by the

     appellate defender to be made available to private counsel

     representing indigents in criminal cases.

         (3)     Providing continuing legal education

     training to assistant appellate defenders and to private

     counsel representing indigents in criminal cases, including

     capital cases, as resources are available.

         (4)     Providing consulting services to

     attorneys representing defendants in capital cases.

         (5)     Recruiting qualified members of the

     private bar who are willing to provide representation in

     State and federal death penalty postconviction

     proceedings.

         (6)     In the appellate defender's

     discretion, serving as counsel of record for indigent

     defendants in capital cases in State court.

         (7)     Undertaking direct representation and

     consultation in capital cases pending in federal court only

     to the extent that such work is fully federally funded.

  (c)  The appellate defender shall appoint assistants and

staff, not to exceed the number authorized by the Office of

Indigent Defense Services.  The assistants and staff shall serve

at the pleasure of the appellate defender.

  (d)  Funds to operate the 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 funds

authorized by law.  Salaries shall be set by the Office of

Indigent Defense Services."



PART II.  AMENDMENTS TO CHAPTER 7A OF THE GENERAL STATUTES



         Section 2.  G.S. 7A-304(a) reads as rewritten:

  "(a)  In every criminal case in the superior or district court,

wherein the defendant is convicted, or enters a plea of guilty or

nolo contendere, or when costs are assessed against the

prosecuting witness, the following costs shall be assessed and

collected, except that when the judgment imposes an active prison

sentence, costs shall be assessed and collected only when the

judgment specifically so provides, and that no costs may be

assessed when a case is dismissed.

         (1)  For each arrest or personal service of criminal

     process, including citations and subpoenas, the sum of five

     dollars ($5.00), to be remitted to the county wherein the

     arrest was made or process was served, except that in those

     cases in which the arrest was made or process served by a

     law-enforcement officer employed by a municipality, the fee

     shall be paid to the municipality employing the officer.

         (2)  For the use of the courtroom and related judicial

     facilities, the sum of twelve dollars ($12.00) in the

     district court, including cases before a magistrate, and the

     sum of thirty dollars ($30.00) in superior court, to be

     remitted to the county in which the judgment is rendered.

     In all cases where the judgment is rendered in facilities

     provided by a municipality, the facilities fee shall be paid

     to the municipality. Funds derived from the facilities fees

     shall be used exclusively by the county or municipality for

     providing, maintaining, and constructing adequate courtroom

     and related judicial facilities, including: adequate space

     and furniture for judges, district attorneys, public

     defenders, defenders and other personnel

     of the Office of Indigent Defense Services, magistrates,

     juries, and other court related personnel; office space,

     furniture and vaults for the clerk; jail and juvenile

     detention facilities; free parking for jurors; and a law

     library (including books) if one has heretofore been

     established or if the governing body hereafter decides to

     establish one.  In the event the funds derived from the

     facilities fees exceed what is needed for these purposes,

     the county or municipality may, with the approval of the

     Administrative Officer of the Courts as to the amount, use

     any or all of the excess to retire outstanding indebtedness

     incurred in the construction of the facilities, or to

     reimburse the county or municipality for funds expended in

     constructing or renovating the facilities (without incurring

     any indebtedness) within a period of two years before or

     after the date a district court is established in such

     county, or to supplement the operations of the General Court

     of Justice in the county.

         (3)  For the retirement and insurance benefits of both

     State and local government law-enforcement officers, the sum

     of seven dollars and twenty-five cents ($7.25), to be

     remitted to the State Treasurer. Fifty cents (50) of this

     sum shall be administered as is provided in Article 12C of

     Chapter 143 of the General Statutes. Five dollars and

     seventy-five cents ($5.75) of this sum shall be administered

     as is provided in Article 12E of Chapter 143 of the General

     Statutes, with one dollar and twenty-five cents ($1.25)

     being administered in accordance with the provisions of G.S.

     143-166.50(e). One dollar ($1.00) of this sum shall be

     administered as is provided in Article 12F of Chapter 143 of

     the General Statutes.

         (3a) For the supplemental pension benefits of sheriffs,

     the sum of seventy-five cents (75) to be remitted to the

     Department of Justice and administered under the provisions

     of Article 12G of Chapter 143 of the General Statutes.

         (4)  For support of the General Court of Justice, the

     sum of sixty-one dollars ($61.00) in the district court,

     including cases before a magistrate, and the sum of sixty-

     eight dollars ($68.00) in the superior court, to be remitted

     to the State Treasurer.

         (5)  For using pretrial release services, the district

     or superior court judge shall, upon conviction, impose a fee

     of fifteen dollars ($15.00) to be remitted to the county

     providing the pretrial release services. This cost shall be

     assessed and collected only if the defendant had been

     accepted and released to the supervision of the agency

     providing the pretrial release services.

         (6)  For support of the General Court of Justice, for

     the issuance by the clerk of a report to the Division of

     Motor Vehicles pursuant to G.S. 20-24.2, the sum of fifty

     dollars ($50.00), to be remitted to the State Treasurer.

     Upon a showing to the court that the defendant failed to

     appear because of an error or omission of a judicial

     official, a prosecutor, or a law-enforcement officer, the

     court shall waive this fee."

         Section 3.  G.S. 7A-314(d) reads as rewritten:

  "(d)  An expert witness, other than a salaried State, county,

or municipal law-enforcement officer, shall receive such

compensation and allowances as the court, or the Judicial

Standards Commission, in its discretion, may authorize. A law-

enforcement officer who appears as an expert witness shall

receive reimbursement for travel expenses only, as provided in

subsection (b) of this section.  Compensation of experts

provided under G.S. 7A-454 shall be in accordance with rules

established by the Office of Indigent Defense Services."

         Section 4.  G.S. 7A-344 is repealed.

         Section 5.  G.S. 7A-450(a) reads as rewritten:

  "(a) 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 8A Chapter 8B of the

General Statutes for a deaf person who is entitled to counsel

under this subsection."

         Section 6.  G.S. 7A-451 reads as rewritten:

" 7A-451.  Scope of entitlement.

  (a)  An indigent person is entitled to services of counsel in

the following actions and proceedings:

         (1)  Any case in which imprisonment, or a fine of five

     hundred dollars ($500.00), or more, is likely to be

     adjudged;

         (2)  A hearing on a petition for a writ of habeas corpus

     under Chapter 17 of the General Statutes;

         (3)  A motion for appropriate relief under Chapter 15A

     of the General Statutes if the defendant has been convicted

     of a felony, has been fined five hundred dollars ($500.00)

     or more, or has been sentenced to a term of imprisonment;

         (4)  A hearing for revocation of probation;

         (5)  A hearing in which extradition to another state is

     sought;

         (6)  A proceeding for an inpatient involuntary

     commitment to a facility under Part 7 of Article 5 of

     Chapter 122C of the General Statutes, or a proceeding for

     commitment under Part 8 of Article 5 of Chapter 122C of the

     General Statutes.

         (7)  In any case of execution against the person under

     Chapter 1, Article 28 of the General Statutes, and in any

     civil arrest and bail proceeding under Chapter 1, Article

     34, of the General Statutes;

         (8)  In the case of a juvenile, a hearing as a result of

     which commitment to an institution or transfer to the

     superior court for trial on a felony charge is possible;

         (9)  A hearing for revocation of parole at which the

     right to counsel is provided in accordance with the

     provisions of Chapter 148, Article 4, of the General

     Statutes;

         (10) A proceeding for sterilization under Chapter 35,

     Article 7 (Sterilization of Persons Mentally Ill and

     Mentally Retarded) of the General Statutes; and

         (11) A proceeding for the provision of protective

     services according to Chapter 108, Article

     4, Chapter 108A, Article 6 of the General

     Statutes;

         (12) In the case of a juvenile alleged to be neglected

     under Chapter 7A, Article 23 of the General Statutes;

         (13) A proceeding to find a person incompetent under

     Subchapter I of Chapter 35A, of the General Statutes;

         (14) A proceeding to terminate parental rights where a

     guardian ad litem is appointed pursuant to G.S. 7B-1101;

         (15) An action brought pursuant to Article 24B of

     Chapter 7A of the General Statutes to terminate an indigent

     person's parental rights.

         (16) A proceeding involving consent for an abortion on

     an unemancipated minor pursuant to Article 1A, Part 2 of

     Chapter 90 of the General Statutes. G.S. 7A-450.1, 7A-450.2,

     and 7A-450.3 shall not apply to this proceeding.

  (b)  In each of the actions and proceedings enumerated in

subsection (a) of this section, entitlement to the services of

counsel begins as soon as feasible after the indigent is taken

into custody or service is made upon him of the charge, petition,

notice or other initiating process. Entitlement continues through

any critical stage of the action or proceeding, including, if

applicable:

         (1)  An in-custody interrogation;

         (2)  A pretrial identification procedure which occurs

     after formal charges have been preferred and at which the

     presence of the indigent is required;

         (3)  A hearing for the reduction of bail, or to fix bail

     if bail has been earlier denied;

         (4)  A probable cause hearing;

         (5)  Trial and sentencing; and

         (6)  Review of any judgment or decree pursuant to G.S.

     7A-27, 7A-30(1), 7A-30(2), and Subchapter XIV of Chapter 15A

     of the General Statutes.

  (c)  In any capital case, an indigent defendant who is under a

sentence of death may apply to the superior court of the district

where the defendant was indicted for the appointment of counsel

to represent the defendant in preparing, filing, and litigating a

motion for appropriate relief. The application for the

appointment of such postconviction counsel may be made prior to

completion of review on direct appeal and shall be made no later

than 10 days from the latest of the following:

         (1)  The mandate has been issued by the Supreme Court of

     North Carolina on direct appeal pursuant to N.C.R. App. P.

     32(b) and the time for filing a petition for writ of

     certiorari to the United States Supreme Court has expired

     without a petition being filed;

         (2)  The United States Supreme Court denied a timely

     petition for writ of certiorari of the decision on direct

     appeal by the Supreme Court of North Carolina; or

         (3)  The United States Supreme Court granted the

     defendant's or the State's timely petition for writ of

     certiorari of the decision on direct appeal by the Supreme

     Court of North Carolina, but subsequently left the

     defendant's death sentence undisturbed.

  If there is not a criminal or mixed session of superior court

scheduled for that district, the application must be made no

later than 10 days from the beginning of the next criminal or

mixed session of superior court in the district. Upon

application, supported by the defendant's affidavit, the superior

court shall enter an order appointing two

counsel the Office of Indigent Defense Services

if the court finds that the defendant is indigent and desires

counsel. counsel, and the Office of Defense

Services shall appoint two counsel to represent the

defendant.  The defendant does not have a right to be present

at the time of appointment of counsel, and the appointment need

not be made in open court. If the defendant was previously

adjudicated an indigent for purposes of trial or direct appeal,

the defendant shall be presumed indigent for purposes of this

subsection.

  (d)  The appointment of counsel as provided in subsection (c)

of this section and the procedure for compensation shall comply

with the Rules and Regulations Relating to the

Appointment of Counsel for Indigent Defendants pursuant to G.S.

7A-459. The court may appoint counsel recruited by the Appellate

Defender pursuant to G.S. 7A-486.3(5). rules adopted

by the Office of Indigent Defense Services.

  (e)  No counsel appointed pursuant to subsection (c) of this

section shall have previously represented the defendant at trial

or on direct appeal in the case for which the appointment is made

unless the defendant expressly requests continued representation

and understandingly waives future allegations of ineffective

assistance of counsel."

         Section 7.  G.S. 7A-452 reads as rewritten:

" 7A-452. Source of counsel; fees; appellate

records.

  (a) Counsel for an indigent person shall be assigned by

the court. Upon the court's determination that a

person is indigent and entitled to counsel under this Article,

counsel shall be appointed in accordance with rules adopted by

the Office of Indigent Defense Services.  In noncapital cases,

the court shall assign counsel pursuant to rules adopted by the

Office of Indigent Defense Services.  In capital cases, the

Office of Indigent Defense Services or designee of the Office of

Indigent Defense Services shall assign counsel; at least one

member of each capital defense team, where practicable, shall be

a member of the bar in that division.  In the courts of those

counties which have a public defender, however, the public

defender may tentatively assign himself or an assistant public

defender to represent an indigent person, subject to subsequent

approval  determination of entitlement to

counsel by the court. court and approval

by the court in noncapital cases and by the Office of Indigent

Defense Services in capital cases.

  (b) Fees of assigned counsel and salaries and other operating

expenses of the offices of the public defenders shall be borne by

the State.

     (c) (1)  The clerk of superior court is authorized to make a

     determination of indigency and to appoint

     counsel, entitlement to counsel, as

     authorized by this Article. The word "court," as it is used

     in this Article and in any rules pursuant to this Article,

     includes the clerk of superior court.

         (2)  A judge of superior or district court having

     authority to appoint determine

     entitlement to counsel in a particular case may give

     directions to the clerk with regard to the

     appointment of determination of

     entitlement to counsel in that case; may, if he finds it

     appropriate, change or modify the appointment of

     counsel when counsel has been appointed

     determination made by the clerk; and may set aside a

     finding of waiver of counsel made by the clerk.

  (d) Unless a public defender or assistant public defender is

appointed to serve, the trial judge appointing

standby counsel appointed under G.S. 15A-1243 shall

award receive reasonable compensation to

be paid by the State."

         Section 8.  G.S. 7A-453 reads as rewritten:

" 7A-453. Duty of custodian of a possibly indigent

person; determination of indigency.

  (a) In counties which have a public defender,

designated by the Office of Indigent Defense Services, the

authority having custody of a person who is without counsel for

more than 48 hours after being taken into custody shall so inform

the public defender. designee of the Office

of Indigent Defense Services.  The public

defender designee of the Office of Indigent Defense

Services shall make a preliminary determination as to the

person's entitlement to his services, and proceed accordingly.

The court shall make the final determination.

  (b) In counties which do not have a public

defender, that have not been designated by the Office

of Indigent Defense Services, the authority having custody of

a person who is without counsel for more than 48 hours after

being taken into custody shall so inform the clerk of superior

court.

  (c) In any county, if a defendant, upon being taken into

custody, states that he is indigent and desires counsel, the

authority having custody shall immediately inform the

defender designee of the Office of Indigent

Defense Services or the clerk of superior court, as the case

may be, who shall take action as provided in this Article.

  (d) The duties imposed by this section upon authorities having

custody of persons who may be indigent are in addition to the

duties imposed upon arresting officers under G.S. 15-47."

         Section 9.  G.S. 7A-454 reads as rewritten:

" 7A-454. Supporting services.

  The court, in its discretion, may approve a fee for the

service of an expert witness who testifies for an indigent

person, and shall approve reimbursement for the necessary

expenses of counsel. Fees and expenses accrued under this section

shall be paid by the State. Fees for the services of

an expert witness for an indigent person and other necessary

expenses of counsel shall be paid by the State in accordance with

rules adopted by the Office of Indigent Defense Services."

         Section 10.  G.S. 7A-455 reads as rewritten:

" 7A-455.  Partial indigency; liens;

acquittals.

  (a)  If, in the opinion of the court, an indigent person is

financially able to pay a portion, but not all, of the value of

the legal services rendered for him by assigned counsel, the

public defender, or the appellate defender, and other necessary

expenses of representation, he shall order the partially indigent

person to pay such portion to the clerk of superior court for

transmission to the State treasury.

  (b)  In all cases the court shall fix the money value

of services rendered by assigned counsel, the public defender, or

the appellate defender, and such sum plus any sums allowed by the

court for other necessary expenses of representing the indigent

person, including any fees and expenses that may have been

allowed prior to final determination of the action to assigned

counsel pursuant to G.S. 7A-458, shall be entered as

direct that a judgment be entered in the office of

the clerk of superior court, and court for

the money value of services rendered by assigned counsel, the

public defender, or the appellate defender, plus any sums allowed

for other necessary expenses of representing the indigent person,

including any fees and expenses that may have been allowed prior

to final determination of the action to assigned counsel pursuant

to G.S. 7A-458, which shall constitute a lien as prescribed

by the general law of the State applicable to judgments.  Any

reimbursement to the State as provided in subsection (a) of this

section or any funds collected by reason of such judgment shall

be deposited in the State treasury and credited against the

judgment; provided, that counsel fees ordered paid to the

clerk on behalf of the appointed counsel pursuant to G.S. 15A-

1343(e) may be paid directly to the counsel.

judgment.  The value of services shall be determined in

accordance with rules adopted by the Office of Indigent Defense

Services.  In fixing the The money

value of services rendered by the public defender and the

appellate defender, the court shall consider

defender shall be based upon the factors normally involved

in fixing the fees of private attorneys, such as the nature of

the case, the time, effort, and responsibility involved, and the

fee usually charged in similar cases.  The value of the

services shall be fixed by a A district court

judge shall direct entry of judgment for actions or

proceedings finally determined in the district court and

by a superior court judge shall direct entry

of judgment for actions or proceedings originating in, heard

on appeal in, or appealed from the superior court.  Even if the

trial, appeal, hearing, or other proceeding is never held,

preparation therefor is nevertheless compensable.

  (b1)  In every case in which the State is entitled to a lien

pursuant to this section, the public defender shall at the time

of sentencing or other conclusion of the proceedings petition the

court to enter judgment for the value of the legal services

rendered by the public defender, and the appellate defender shall

upon completion of the appeal petition or request the trial court

to enter judgment for the value of the legal services rendered by

the appellate defender.

  (c)  No order for partial payment under subsection (a) of this

section and no judgment under subsection (b) of this section

shall be entered unless the indigent person is convicted.  If the

indigent person is convicted, the order or judgment shall become

effective and the judgment shall be docketed and indexed pursuant

to G.S. 1-233 et seq., in the amount then owing, upon the later

of (i) the date upon which the conviction becomes final if the

indigent person is not ordered, as a condition of probation, to

pay the State of North Carolina for the costs of his

representation in the case or (ii) the date upon which the

indigent person's probation is terminated or revoked if the

indigent person is so ordered.

  (d)  In all cases in which the entry of a judgment is

authorized under G.S. 7A-450.1 through G.S. 7A-450.4 or under

this section, the attorney, guardian ad litem, public defender,

or appellate defender who rendered the services or incurred the

expenses for which the judgment is to be entered shall obtain the

social security number, if any, of each person against whom

judgment is to be entered. This number, or a certificate that the

person has no social security number, shall be included in each

fee application submitted by an assigned attorney, guardian ad

litem, public defender, or appellate defender, and no order for

payment entered upon an application which does not include the

required social security number or certification shall be valid

to authorize payment to the applicant from the Indigent Persons'

Attorney Fee Fund. Each judgment docketed against any person

under this section or under G.S. 7A-450.3 shall include the

social security number, if any, of the judgment debtor."

         Section 11.  G.S. 7A-457(a) reads as rewritten:

  "(a) An indigent person who has been informed of his right to

be represented by counsel at any in-court proceeding, may, in

writing, waive the right to in-court representation by

counsel, counsel in accordance with rules

adopted by the Office of Indigent Defense Services.  Any waiver

of counsel shall be effective only if the court finds of

record that at the time of waiver the indigent person acted with

full awareness of his rights and of the consequences of the

waiver. In making such a finding, the court shall consider, among

other things, such matters as the person's age, education,

familiarity with the English language, mental condition, and the

complexity of the crime charged."

         Section 12.  G.S. 7A-458 reads as rewritten:

" 7A-458.  Counsel fees.

  In districts which do not have a public defender, the

court shall fix the The fee to which an attorney

who represents an indigent person is entitled.

entitled shall be fixed in accordance with rules adopted by

the Office of Indigent Defense Services.  In doing

so, the court shall allow a fee Fees shall be

based on the factors normally considered in fixing attorneys'

fees, such as the nature of the case, and the time, effort and

responsibility involved. Fees shall be fixed by the

district court judge who hears the case for actions or

proceedings finally determined in the district court and by the

superior court judge who hears the case for actions or

proceedings originating in, heard on appeal in, or appealed from

the superior court.  Even if the trial, appeal, hearing

or other proceeding is never held, preparation therefor is

nevertheless compensable and, in capital cases and other

extraordinary cases pending in superior court, the

presiding judge may allow a fee for services rendered

and payment for expenses incurred may be allowed pending

final determination of the case."

         Section 13.  G.S. 7A-459, 7A-465, 7A-466, 7A-467, 7A-

469, 7A-470, 7A-471, 7A-486, 7A-486.1, 7A-486.2, 7A-486.3, 7A-

486.4, 7A-486.5, 7A-486.6, and 7A-486.7 are repealed.



PART III.  AMENDMENTS TO MISCELLANEOUS OTHER STATUTES



         Section 14.  G.S. 1-311 reads as rewritten:

" 1-311. Against the person.

  If the action is one in which the defendant might have been

arrested, an execution against the person of the judgment debtor

may be issued to any county within the State, after the return of

an execution against his property wholly or partly unsatisfied.

But no execution shall issue against the person of a judgment

debtor, unless  an order of arrest has been served, as provided

in the Article Arrest  and Bail, or unless the complaint contains

a statement of facts showing one or more of the causes of arrest

required by law, whether such statement of facts is necessary to

the cause of action or not. Provided, that where the facts are

found by a jury, the verdict shall  contain a finding of facts

establishing the right to execution against the person; and where

jury trial is waived and the court finds the facts, the court

shall find facts establishing the right to execution  against the

person. Such findings of fact shall include a finding that the

defendant either (i) is about to flee the jurisdiction to avoid

paying his creditors, (ii) has concealed or diverted assets in

fraud of his creditors, or (iii) will do so unless immediately

detained. If defendant appears at the hearing on the debt and the

judge has reason to believe that the defendant is indigent, he

shall inform the defendant that if he is an indigent person he is

entitled to services of counsel under G.S. 7A-451, that he may

petition for preliminary release on the basis of his indigency,

that if he does so he will have an opportunity within 72 hours to

suggest to a judge his indigency for purposes of appointment of

counsel and provisional release, and that the judge will

thereupon immediately appoint counsel for him if it is adjudged

that he is unable to pay a lawyer. If defendant appears at the

hearing on the debt and the judge provisionally concludes he is

indigent, counsel should be appointed

immediately. immediately pursuant to rules

adopted by the Office of Indigent Defense Services."

         Section 15.  G.S. 1-413 reads as rewritten:

" 1-413. Issuance and form of order.

  The order may be made to accompany the summons, or to issue at

any time afterwards, before judgment. It shall require the

sheriff of the county where the defendant may be found forthwith

to arrest him and hold him to bail in a specified sum, and to

return the order at a place and time therein mentioned to the

clerk of the court in which the action is brought. Notice of the

return must be served on the plaintiff or his attorney as

prescribed by law for the service of other notices. The order

shall include a statement that if the person  arrested is an

indigent person he is entitled to services of counsel under G.S.

7A-451, that he may petition for preliminary release on the basis

of his indigency, that if he does so he will have an opportunity

within 72 hours to suggest to a judge his indigency for purposes

of appointment of counsel and preliminary release, and that the

judge will thereupon immediately appoint counsel for him if it is

adjudged that he is unable to pay a lawyer.  Appointment of

counsel shall be in accordance with rules adopted by the Office

of Indigent Defense Services."

         Section 16.  G.S. 7B-602 reads as rewritten:

" 7B-602.  Parent's right to counsel.

  In cases where the juvenile petition alleges that a juvenile is

abused, neglected, or dependent, the parent has the right to

counsel and to appointed counsel in cases of indigency unless

that person waives the right. In no case may the court

appoint a county attorney, prosecutor, or public

defender."

         Section 17.  G.S. 7B-603 reads as rewritten:

" 7B-603.  Payment of court-appointed attorney

or guardian ad litem.

  (a)  An attorney or guardian ad litem appointed pursuant

to G.S. 7B-601 or G.S. 7B-602 pursuant to any other

provision of the Juvenile Code 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.

  (b)  An attorney appointed pursuant to G.S. 7B-602 or

pursuant to any other provision of the Juvenile Code for which

the Office of Indigent Defense Services is responsible for

providing counsel shall be paid a reasonable fee in accordance

with rules adopted by the Office of Indigent Defense

Services.

  (c)  The court 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 a

court-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."

         Section 18.  G.S. 7B-1101 reads as rewritten:

" 7B-1101. Jurisdiction.

  The court shall have exclusive original jurisdiction to hear

and determine any petition relating to termination of parental

rights to any juvenile who resides in, is found in, or is in the

legal or actual custody of a county department of social services

or licensed child-placing agency in the district at the time of

filing of the petition. The court shall have jurisdiction to

terminate the parental rights of any parent irrespective of the

age of the parent. The parent has the right to counsel and to

appointed counsel in cases of indigency unless the parent waives

the right. The fees of appointed counsel shall be borne by the

Administrative Office of the Courts. Office

of Indigent Defense Services.  In addition to the right to

appointed counsel set forth above, a guardian ad litem shall be

appointed in accordance with the provisions of G.S. 1A-1, Rule

17, to represent a parent in the following cases:

         (1)  Where it is alleged that a parent's rights should

     be terminated pursuant to G.S. 7B-1111(6); or

         (2)  Where the parent is under the age of 18 years.

The fees of the guardian ad litem shall be borne by the

Administrative Office of the Courts Office of

Indigent Defense Services when the court finds that the

respondent is indigent. In other cases the fees of the court-

appointed guardian ad litem shall be a proper charge against the

respondent if the respondent does not secure private legal

counsel. Provided, that before exercising jurisdiction under this

Article, the court shall find that it would have jurisdiction to

make a child-custody determination under the provisions of G.S.

50A-201, 50A-203, or 50A-204. Provided, further, that the clerk

of superior court shall have jurisdiction for adoptions under the

provisions of G.S. 48-2-100 and Chapter 48 of the General

Statutes generally."

         Section 19.  G.S. 7B-1109(b) reads as rewritten:

  "(b)  The court shall inquire whether the juvenile's parents

are present at the hearing and, if so, whether they are

represented by counsel. If the parents are not represented by

counsel, the court shall inquire whether the parents desire

counsel but are indigent. In the event that the parents desire

counsel but are indigent as defined in G.S. 7A-450(a) and are

unable to obtain counsel to represent them, the court

shall appoint counsel shall be appointed to

represent them. them in accordance with rules

adopted by the Office of Indigent Defense Services. The court

shall grant the parents such an extension of time as is

reasonable to permit their appointed counsel to prepare their

defense to the termination petition. In the event that the

parents do not desire counsel and are present at the hearing, the

court shall examine each parent and make findings of fact

sufficient to show that the waivers were knowing and voluntary.

This examination shall be reported as provided in G.S. 7A-198."

         Section 20.  G.S. 7B-1808(b) reads as rewritten:

  "(b)  At the first appearance, the court shall:

         (1)  Inform the juvenile of the allegations set forth in

     the petition;

         (2)  Determine whether the juvenile has retained counsel

     or has been assigned counsel and, if the juvenile is

     not represented by counsel, appoint counsel for the

     juvenile; counsel;

         (3)  If applicable, inform the juvenile of the date of

     the probable cause hearing, which shall be within 15 days of

     the first appearance; and

         (4)  Inform the parent, guardian, or custodian that the

     parent, guardian, or custodian is required to attend all

     hearings scheduled in the matter and may be held in contempt

     of court for failure to attend any scheduled hearing.

  If the juvenile is not represented by counsel, counsel for

the juvenile shall be appointed in accordance with rules adopted

by the Office of Indigent Services."

         Section 21.  G.S. 7B-1906(c) reads as rewritten:

  "(c)  The court shall determine whether a juvenile who is

alleged to be delinquent has retained counsel or has been

assigned counsel; and, if the juvenile is not

represented by counsel, appoint counsel for the

juvenile. juvenile shall be appointed in

accordance with rules adopted by the Office of Indigent Defense

Services."

         Section 22.  G.S. 7B-2000(a) reads as rewritten:

  "(a)  A juvenile alleged to be within the jurisdiction of the

court has the right to be represented by counsel in all

proceedings. The court shall appoint counsel for the

juvenile, Counsel for the juvenile shall be appointed

in accordance with rules adopted by the Office of Indigent

Defense Services, unless counsel is retained for the

juvenile, in any proceeding in which the juvenile is alleged to

be (i) delinquent or (ii) in contempt of court when alleged or

adjudicated to be undisciplined."

         Section 23.  G.S. 7B-2002 reads as rewritten:

" 7B-2002. Payment of court-appointed attorney.

  An attorney appointed pursuant to G.S. 7B-2000 or pursuant to

any other provision of this Subchapter shall be paid a reasonable

fee fixed by the court in the same manner as fees for

attorneys appointed in cases of indigency through the

Administrative Office of the Courts. in accordance

with rules adopted by the Office of Indigent Defense

Services.  The court may require payment of the attorneys'

fees from a person other than the juvenile as provided in G.S. 7A-

450.1, 7A-450.2, and 7A-450.3. A person who does not comply with

the court's order of payment may be found in civil contempt as

provided in G.S. 5A-21."

         Section 24.  G.S. 7B-2704 reads as rewritten:

" 7B-2704.  Payment of support or other

expenses; assignment of insurance coverage.

  At the dispositional hearing or a subsequent hearing, if the

court finds that the parent is able to do so, the court may order

the parent to:

         (1)  Pay a reasonable sum that will cover in whole or in

     part the support of the juvenile. If the court requires the

     payment of child support, the amount of the payments shall

     be determined as provided in G.S. 50-13.4;

         (2)  Pay a fee for probation supervision or residential

     facility costs;

         (3)  Assign private insurance coverage to cover medical

     costs while the juvenile is in secure detention, training

     school, or other out-of-home placement; and

         (4)  Pay court-appointed

     appointed attorneys' fees.

  All money paid by a parent pursuant to this section shall be

paid into the office of the clerk of superior court.

  If the court places a juvenile in the custody of a county

department of social services and if the court finds that the

parent is unable to pay the cost of the support required by the

juvenile, the cost shall be paid by the county department of

social services in whose custody the juvenile is placed, provided

the juvenile is not receiving care in an institution owned or

operated by the State or federal government or any subdivision

thereof."

         Section 25.  G.S. 7B-2804(a) reads as rewritten:

  "(a)  The parent, guardian, person, or agency entitled to legal

custody of a juvenile who has not been adjudged delinquent but

who has run away without the consent of the parent, guardian,

person, or agency may petition the appropriate court in the

demanding state for the issuance of a requisition for the

juvenile's return. The petition shall state the name and age of

the juvenile, the name of the petitioner, and the basis of

entitlement to the juvenile's custody, the circumstances of the

running away, the juvenile's location if known at the time

application is made, and any other facts that may tend to show

that the juvenile who has run away is endangering the juvenile's

own welfare or the welfare of others and is not an emancipated

minor. The petition shall be verified by affidavit, shall be

executed in duplicate, and shall be accompanied by two certified

copies of the document or documents on which the petitioner's

entitlement to the juvenile's custody is based, such as birth

certificates, letters of guardianship, or custody decrees. Any

further affidavits and other documents as may be deemed proper

may be submitted with the petition. The judge of the court to

which this application is made may hold a hearing thereon to

determine whether for the purposes of this Compact the petitioner

is entitled to the legal custody of the juvenile, whether or not

it appears that the juvenile has in fact run away without

consent, whether or not the juvenile is an emancipated minor, and

whether or not it is in the best interests of the juvenile to

compel the juvenile's return to the state. If the judge

determines, either with or without a hearing, that the juvenile

should be returned, the judge shall present to the appropriate

court or to the executive authority of the state where the

juvenile is alleged to be located a written requisition for the

return of the juvenile. The requisition shall set forth the name

and age of the juvenile, the determination of the court that the

juvenile has run away without the consent of a parent, guardian,

person, or agency entitled to legal custody, and that it is in

the best interests and for the protection of the juvenile that

the juvenile be returned. In the event that a proceeding for the

adjudication of the juvenile as a delinquent, neglected, or

dependent juvenile is pending in the court at the time when the

juvenile runs away, the court may issue a requisition for the

return of the juvenile upon its own motion, regardless of the

consent of the parent, guardian, person, or agency entitled to

legal custody, reciting therein the nature and circumstances of

the pending proceeding. The requisition shall in every case be

executed in duplicate and shall be signed by the judge. One copy

of the requisition shall be filed with the Compact Administrator

of the demanding state, there to remain on file subject to the

provisions of law governing records of the court. Upon the

receipt of a requisition demanding the return of a juvenile who

has run away, the court or the executive authority to whom the

requisition is addressed shall issue an order to any peace

officer or other appropriate person directing that person to take

into custody and detain the juvenile. The detention order must

substantially recite the facts necessary to the validity of its

issuance hereunder. No juvenile detained upon the order shall be

delivered over to the officer whom the court has appointed to

receive the juvenile unless the juvenile first is taken before a

judge of a court in the state, who shall inform the juvenile of

the demand made for the juvenile's return, and who may

appoint determine that counsel or

guardian ad litem for the juvenile. juvenile

should be appointed.  If the court finds that the requisition

is in order, the court shall deliver the juvenile over to the

officer appointed to receive the juvenile by the court demanding

the juvenile. The court, however, may fix a reasonable time to be

allowed for the purpose of testing the legality of the

proceeding.

  Upon reasonable information that a person is a juvenile who has

run away from another state party to this Compact without the

consent of a parent, guardian, person, or agency entitled to

legal custody, the juvenile may be taken into custody without a

requisition and brought before a judge of the appropriate court

who may appoint determine that counsel or

guardian ad litem for the juvenile should be appointed and

who shall determine after a hearing whether sufficient cause

exists to hold the person, subject to the order of the court, for

the juvenile's own protection and welfare, for such a time not

exceeding 90 days as will enable the return of the juvenile to

another state party to this Compact pursuant to a requisition for

return from a court of that state.  In cases in which the

court determines that counsel or guardian ad litem should be

provided for the juvenile, appointment shall be in accordance

with rules adopted by the Office of Indigent Defense

Services.  If, at the time when a state seeks the return of a

juvenile who has run away, there is pending in the state wherein

the juvenile is found, any criminal charge, or any proceeding to

have the juvenile adjudicated a delinquent juvenile for an act

committed in the state, or if the juvenile is suspected of having

committed within the state a criminal offense or an act of

juvenile delinquency, the juvenile shall not be returned without

the consent of the state until discharged from prosecution or

other form of proceeding, imprisonment, detention, or supervision

for the offense or juvenile delinquency. The duly accredited

officers of any state party to this Compact, upon the

establishment of their authority and the identity of the juvenile

being returned, shall be permitted to transport the juvenile

through any and all states party to this Compact, without

interference. Upon return of the juvenile to the state from which

the juvenile ran away, the juvenile shall be subject to such

further proceedings as may be appropriate under the laws of that

state."

         Section 26.  G.S. 7B-2805 reads as rewritten:

" 7B-2805.  Return of escapees and

absconders.

  (a)  The appropriate person or authority from whose probation

or parole supervision a delinquent juvenile has absconded or from

whose institutional custody a delinquent juvenile has escaped

shall present to the appropriate court or to the executive

authority of the state where the delinquent juvenile is alleged

to be located a written requisition for the return of the

delinquent juvenile. The requisition shall state the name and age

of the delinquent juvenile, the particulars of the juvenile's

adjudication as a delinquent juvenile, the circumstances of the

breach of the terms of probation or parole or of the juvenile's

escape from an institution or agency vested with legal custody or

supervision, and the location of the delinquent juvenile, if

known, at the time the requisition is made. The requisition shall

be verified by affidavit, shall be executed in duplicate, and

shall be accompanied by two certified copies of the judgment,

formal adjudication, or order of commitment which subjects the

delinquent juvenile to probation or parole or to the legal

custody of the institution or agency concerned. Any further

affidavits and documents as may be deemed proper may be submitted

with the requisition. One copy of the requisition shall be filed

with the Compact Administrator of the demanding state, there to

remain on file subject to the provisions of the law governing

records of the appropriate court. Upon the receipt of a

requisition demanding the return of a delinquent juvenile who has

absconded or escaped, the court or the executive authority to

whom the requisition is addressed shall issue an order to any

peace officer or other appropriate person directing the person to

take into custody and detain such delinquent juvenile. The

detention order must substantially recite the facts necessary to

the validity of its issuance hereunder. No delinquent juvenile

detained upon the order shall be delivered over to the officer

whom the appropriate person or authority demanding the juvenile

has appointed to receive the juvenile, unless the juvenile is

first taken forthwith before a judge of an appropriate court in

the state, who shall inform the juvenile of the demand made for

the return, and who may appoint determine

that counsel or guardian ad litem for the

juvenile. juvenile should be appointed.

If the judge of the court finds that the requisition is in order,

the judge shall deliver the delinquent juvenile over to the

officer whom the appropriate person or authority demanding the

juvenile appointed to receive the juvenile. The judge, however,

may fix a reasonable time to be allowed for the purpose of

testing the legality of the proceeding.

  Upon reasonable information that a person is a delinquent

juvenile who has absconded while on probation or parole, or

escaped from an institution or agency vested with legal custody

or supervision in any state party to this Compact, the person may

be taken into custody in any other state party to this Compact

without a requisition. But in that event, the juvenile shall be

taken forthwith before a judge of the appropriate court, who may

appoint determine that counsel or

guardian ad litem for the person should be appointed and

who shall determine after a hearing, whether sufficient cause

exists to hold the person subject to the order of the court for a

length of time, not exceeding 90 days, as will enable detention

of the juvenile under a detention order issued on a requisition

pursuant to this Article. If, at the time when a state seeks the

return of a delinquent who has either absconded while on

probation or parole or escaped from an institution or agency

vested with legal custody or supervision, there is pending in the

state wherein the juvenile is detained any criminal charge or any

proceeding to have the juvenile adjudicated a delinquent juvenile

for an act committed in the state, or if the juvenile is

suspected of having committed a criminal offense or an act of

juvenile delinquency within the state, the juvenile shall not be

returned without the consent of the state until discharged from

prosecution or other form of proceeding, imprisonment, detention,

or supervision for the offense or juvenile delinquency. The duly

accredited officers of any state party to this Compact, upon the

establishment of their authority and the identity of the

delinquent juvenile being returned, shall be permitted to

transport the delinquent juvenile through any and all states

party to this Compact, without interference. Upon return to the

state from which the juvenile escaped or absconded, the

delinquent juvenile shall be subject to any further proceedings

appropriate under the laws of that state.

  (b)  The state to which a delinquent juvenile is returned under

this Article shall be responsible for the payment of

transportation costs of the return.

  (c)  If the court determines that counsel or guardian ad

litem should be provided under this section, appointment shall be

in accordance with rules adopted by the Office of Indigent

Defense Services."

         Section 27.  G.S. 15-11.1(b) reads as rewritten:

  "(b)  In the case of unknown or unapprehended defendants or of

defendants willfully absent from the jurisdiction, the court

shall have discretion to appoint a guardian ad

litem, who shall be a licensed attorney,

determine whether an attorney should be appointed as guardian

ad litem to represent and protect the interest of such

unknown or absent defendants.  Appointment shall be in

accordance with rules adopted by the Office of Indigent Defense

Services.  The judicial findings concerning identification or

value that are made at such hearing whereby property is returned

to the lawful owner or a person, firm, or corporation entitled to

possession, may be admissible into evidence at the trial.  After

final judgment all property lawfully seized by or otherwise

coming into the possession of law-enforcement authorities shall

be disposed of as the court or magistrate in its discretion

orders, and may be forfeited and either sold or destroyed in

accordance with due process of law."

         Section 28.  G.S. 15A-279(d) reads as rewritten:

  "(d) Any such person is entitled to have counsel present and

must be advised prior to being subjected to any nontestimonial

identification procedures of his right to have counsel present

during any nontestimonial identification procedure and to the

appointment of counsel if he cannot afford to retain counsel.

Appointment of counsel shall be in accordance with rules

adopted by the Office of Indigent Defense Services.  No

statement made during nontestimonial identification procedures by

the subject of the  procedures shall be admissible in any

criminal proceeding against him, unless his counsel was present

at the time the statement was made."

         Section 29.  G.S. 15A-803(d) reads as rewritten:

  "(d) Procedure. -- A material witness order may be obtained

upon motion supported by affidavit showing cause for its

issuance. The witness must be given reasonable notice,

opportunity to be heard and present evidence, and the right of

representation by counsel at a hearing on the motion. Counsel for

a material witness may be appointed and compensated in the same

manner as counsel for an indigent defendant. Appointment of

counsel shall be in accordance with rules adopted by the Office

of Indigent Defense Services.  The order must be based on

findings of fact supporting its issuance."

         Section 30.  G.S. 15A-1243 reads as rewritten:

" 15A-1243. Standby counsel for defendant representing

himself.

  When a defendant has elected to proceed without the assistance

of counsel, the trial judge in his discretion may

appoint determine that standby counsel

should be appointed to assist the defendant when called

upon and to bring to the judge's attention matters favorable to

the defendant upon which the judge should rule upon his own

motion.  Appointment and compensation of standby counsel shall

be in accordance with rules adopted by the Office of Indigent

Defense Services."

         Section 31.  G.S. 15A-1343(e) reads as rewritten:

  "(e)  Costs of Court and Appointed Counsel. -- Unless the court

finds there are extenuating circumstances, any person placed upon

supervised or unsupervised probation under the terms set forth by

the court shall, as a condition of probation, be required to pay

all court costs and costs for appointed counsel or public

defender in the case in which he was convicted.  The cost of

appointed counsel or public defender services shall be determined

in accordance with rules adopted by the Office of Indigent

Defense Services. The court shall determine the amount

due of those costs to be repaid and the

method of payment."

         Section 32.  G.S. 23-30.1 reads as rewritten:

" 23-30.1. Provisional release.

  Every person who has filed a petition under the provisions of

G.S. 23-30 shall be brought before a judge within 72 hours after

filing the petition and shall be provisionally released from

imprisonment unless a hearing shall be held and the creditor

shall establish that the prisoner has fraudulently concealed

assets. If, at the time he is brought before a judge, the

prisoner makes a showing of indigency, the judge shall

appoint  counsel shall be appointed for

him. the prisoner in accordance with rules

adopted by the Office of Indigent Defense Services.  A

provisional release under this section shall not constitute a

discharge of the debtor, and the creditor may oppose the

discharge by suggesting fraud even if he has unsuccessfully

attempted to oppose the provisional release on the basis of

fraudulent concealment. The debtor may be provisionally released

even though actual service upon the creditor has not been

accomplished if 72 hours has passed since the debtor delivered

the notice to the sheriff for service upon the creditor."

         Section 33.  G.S. 35A-1107 reads as rewritten:

" 35A-1107.  Right to counsel or guardian ad litem.

  The respondent is entitled to be represented by counsel of his

own choice or by court-appointed an

appointed guardian ad litem.  Upon filing of the

petition, the clerk shall appoint as guardian ad

litem an attorney who shall petition, an attorney

shall be appointed as guardian ad litem to represent the

respondent unless the respondent retains his own counsel, in

which event the clerk may discharge the guardian

ad litem. litem may be discharged.

Appointment and discharge of an appointed guardian ad litem shall

be in accordance with rules adopted by the Office of Indigent

Defense Services."

         Section 34.  G.S. 35A-1130(c) reads as rewritten:

  "(c)  At the hearing on the motion, the ward shall be entitled

to be represented by counsel or guardian ad litem, and

the clerk shall appoint a guardian ad litem

shall be appointed in accordance with rules adopted by the

Office of Indigent Defense Services if the ward is indigent

and not represented by counsel.  Upon motion of any party or the

clerk's own motion, the clerk may order a multidisciplinary

evaluation.  The ward has a right, upon request by him, his

counsel, or his guardian ad litem to trial by jury.  Failure to

request a trial by jury shall constitute a waiver of the right.

The clerk may nevertheless require trial by jury in accordance

with G.S. 1A-1, Rule 39(b), Rules of Civil Procedure, by entering

an order for trial by jury on his own motion.  Provided, if there

is a jury in a proceeding for restoration to competency, it shall

be a jury of six persons selected in accordance with the

provisions of Chapter 9 of the General Statutes."

         Section 35.  G.S. 90-21.8(c) reads as rewritten:

  "(c)  The minor may participate in proceedings in the court on

her own behalf or through a guardian ad litem. The court shall

advise her that she has a right to court

appointed counsel counsel, and

shall provide her with counsel shall be

provided upon her request. request in

accordance with rules adopted by the Office of Indigent Defense

Services."

         Section 36.  G.S. 108A-105(b) reads as rewritten:

  "(b) The court shall set the case for hearing within 14 days

after the filing of the petition. The disabled adult must receive

at least five days' notice of the hearing. He has the right to be

present and represented by counsel at the hearing. If the person,

in the determination of the judge, lacks the capacity to waive

the right to counsel, then the court shall

appoint a guardian ad litem shall be appointed

pursuant to G.S. 1A-1, Rule 17. Rule 17, and

rules adopted by the Office of Indigent Defense Services.  If

the person is indigent, the cost of representation shall be borne

by the State."

         Section 37.  G.S. 122C-224.1(a) reads as rewritten:

  "(a)  Within 48 hours of receipt of notice that a minor has

been admitted to a 24-hour facility wherein his freedom of

movement will be restricted, the clerk of superior court,

under direction of the district court judge, an

attorney shall appoint an attorney be

appointed for the minor. minor in

accordance with rules adopted by the Office of Indigent Defense

Services.  When a minor has been admitted to a State facility

for the mentally ill, the attorney appointed shall be the

attorney employed in accordance with G.S. 122C-270(a) through

(c).  All minors shall be conclusively presumed to be indigent,

and it shall not be necessary for the court to receive from any

minor an affidavit of indigency.  The attorney shall be paid a

reasonable fee fixed by the court in the same manner as

fees for attorneys appointed in cases of indigency.

in accordance with rules adopted by the Office of Indigent

Defense Services.  The judge may require payment of the

attorney's fee from a person other than the minor as provided in

G.S. 7A-450.1 through G.S. 7A-450.4."

         Section 38.  G.S. 122C-267(d) reads as rewritten:

  "(d) At the hearing to determine the necessity and

appropriateness of outpatient commitment, the respondent need

not, but may, be represented by counsel. However, if the court

determines that the legal or factual issues raised are of such

complexity that the assistance of counsel is necessary for an

adequate presentation of the merits or that the respondent is

unable to speak for himself, the court may continue the case for

not more than five days and order the appointment of counsel for

an indigent respondent.  Appointment of counsel shall be in

accordance with rules adopted by the Office of Indigent Defense

Services."

         Section 39.  G.S. 122C-268(d) reads as rewritten:

  "(d)  The respondent shall be represented by counsel of his

choice; or if he is indigent within the meaning of G.S. 7A-450 or

refuses to retain counsel if financially able to do so, he shall

be represented by counsel appointed by the

court. in accordance with rules adopted by the Office

of Indigent Defense Services."

         Section 40.  G.S. 122C-268.1(d) reads as rewritten:

  "(d)  The respondent shall be represented by counsel of his

choice, or if he is indigent within the meaning of G.S. 7A-450 or

refuses to retain counsel if financially able to do so, he shall

be represented by counsel appointed by the

court. in accordance with rules adopted by the Office

of Indigent Defense Services."

         Section 41.  G.S. 122C-269(b) reads as rewritten:

  "(b)  An official of the facility shall immediately notify the

clerk of superior court of the county in which the facility is

located of a determination to hold the respondent pending

hearing. That clerk shall request transmittal of all documents

pertinent to the proceedings from the clerk of superior court

where the proceedings were initiated. The requesting clerk shall

assume all duties set forth in G.S. 122C-264. The

requesting clerk shall appoint as counsel for

indigent respondents the counsel provided for in G.S.

122C-268(d). G.S. 122C-268(d) shall be appointed in

accordance with rules adopted by the Office of Indigent Defense

Services."

         Section 42.  G.S. 122C-270 reads as rewritten:

" 122C-270.  Attorneys to represent the

respondent and the State.

  (a)  The senior regular resident superior court judge

of In a superior court district or set of

districts as defined in G.S. 7A-41.1 in which a State facility

for the mentally ill is located located, the

Commission on Indigent Defense Services shall appoint an

attorney licensed to practice in North Carolina as special

counsel for indigent respondents who are mentally ill.

This These special counsel shall serve at

the pleasure of the appointing judge,

Commission, may not privately practice law, and shall

receive annual compensation within the salary range for assistant

district attorneys public defenders as

fixed by the Administrative Officer of the

Courts. Office of Indigent Defense Services.  The

special counsel shall represent all indigent respondents at all

hearings, rehearings, and supplemental hearings held at the State

facility and on appeals held under this Article. Special counsel

shall determine indigency in accordance with G.S. 7A-450(a).

Indigency is subject to redetermination by the presiding judge.

  (b)  The State facility shall provide suitable office space for

the counsel to meet privately with respondents. The

Administrative Office of the Courts Office of

Indigent Defense Services shall provide secretarial and

clerical service and necessary equipment and supplies for the

office.

  (c)  In the event of a vacancy in the office of special

counsel, counsel's incapacity, or a conflict of interest, counsel

for indigents at hearings or rehearings may be assigned

by a district judge of the district. in

accordance with rules adopted by the Office of Indigent Defense

Services.  No mileage or compensation for travel time is paid

to a counsel appointed pursuant to this subsection. Counsel may

also be so assigned when, in the opinion of the

Administrative Officer of the Courts,

Director of the Office of Indigent Defense Services, the

volume of cases warrants.

  (d)  At hearings held in counties other than those designated

in subsection (a) of this section, a district court judge

shall appoint counsel for indigent respondents

from members of the bar of the county in accordance with

G.S. 122C-268(d). shall be appointed in accordance

with rules adopted by the Office of Indigent Defense

Services.

  (e)  Counsel assigned to represent an indigent respondent at

the initial district court hearing is also responsible for

perfecting and concluding an appeal, if there is one. Upon

completion of an appeal, or upon transfer of the respondent to a

State facility for the mentally ill, if there is no appeal,

assigned counsel is discharged. If the respondent is committed to

a non-State 24-hour facility, assigned counsel remains

responsible for his representation until discharged by order of

district court, until the respondent is unconditionally

discharged from the facility, or until the respondent voluntarily

admits himself to the facility.

  (f)  The Attorney General may employ four attorneys, one to be

assigned by him full-time to each of the State facilities for the

mentally ill, to represent the State's interest at commitment

hearings, rehearings and supplemental hearings held under this

Article at the State facilities for respondents admitted to those

facilities pursuant to Part 3, 4, 7, or 8 of this Article or G.S.

15A-1321 and to provide liaison and consultation services

concerning these matters. These attorneys are subject to Chapter

126 of the General Statutes and shall also perform additional

duties as may be assigned by the Attorney General. The attorney

employed by the Attorney General in accordance with G.S. 114-4.2B

shall represent the State's interest at commitment hearings,

rehearings and supplemental hearings held for respondents

admitted to the University of North Carolina Hospitals at Chapel

Hill pursuant to Part 3, 4, 7, or 8 of this Article or G.S. 15A-

1321."

         Section 43.  G.S. 122C-286(d) reads as rewritten:

  "(d) The respondent may be represented by counsel of his

choice. If the respondent is indigent within the meaning of G.S.

7A-450, the court shall appoint counsel shall

be appointed to represent him. the

respondent in accordance with rules adopted by the Office of

Indigent Defense Services."

         Section 44. G.S. 122C-286.1(b) reads as rewritten:

  "(b) An official of the facility shall immediately notify the

clerk of superior court of the county in which the facility is

located of a  determination to hold the respondent pending

hearing. That clerk shall request transmittal of all documents

pertinent to the proceedings from the clerk of superior court

where the proceedings were initiated. The requesting clerk shall

assume all duties set forth in G.S. 122C-284. The

requesting clerk shall appoint as counsel for indigent

respondents the counsel provided for in G.S.

122C-286(d). G.S. 122C-286(d) shall be appointed in

accordance with rules adopted by the Office of Indigent Defense

Services."

         Section 45.  G.S. 148-62.1 reads as rewritten:

" 148-62.1.  Entitlement of indigent parolee

and post-release supervisee to counsel, in discretion of Post-

Release Supervision and Parole Commission.

  Any parolee or post-release supervisee who is an indigent under

the terms of G.S. 7A-450(a) may be determined entitled, in the

discretion of the Post-Release Supervision and Parole Commission,

to the services of counsel at State expense at a parole

revocation hearing at which either:

         (1)  The parolee or post-release supervisee claims not

     to have committed the alleged violation of the parole or

     post-release supervision conditions; or

         (2)  The parolee or post-release supervisee claims there

     are substantial reasons which justified or mitigated the

     violation and make revocation inappropriate, even if the

     violation is a matter of public record or is uncontested,

     and that the reasons are complex or otherwise difficult to

     develop or present; or

         (3)  The parolee or post-release supervisee is incapable

     of speaking effectively for himself;

and where the Commission feels, on a case by case basis, that

such appointment in accordance with either (1), (2) or (3) above

is necessary for fundamental fairness.

  If the parolee or post-release supervisee is determined to

be indigent and entitled to services of counsel, counsel shall be

appointed in accordance with rules adopted by the Office of

Indigent Defense Services."



PART IV.  TRANSITION AND EFFECTIVE DATES



         Section 46.  The Director of the Administrative Office

of the Courts shall assist the chair of the Commission on

Indigent Defense Services in retaining the Commission's initial

Director of Indigent Defense Services.  The Director of the

Administrative Office of the Courts shall recruit and interview

prospective candidates and shall submit at least three names to

the full Commission for its consideration.  The Commission may

hire its initial Director of Indigent Defense Services from that

list or may request that the chair of the Commission and Director

of the Administrative Office of the Courts submit additional

names.

         Section 47.  The Commission on Indigent Defense Services

shall report on or before May 1, 2001, to the Chairs of the

Senate and House Appropriations Committees and the Chairs of the

Senate and House Appropriations Subcommittees on Justice and

Public Safety regarding (i) a plan for the orderly transfer of

budget and related authority from the Administrative Office of

the Courts to the Commission on Indigent Defense Services,

effective July 1, 2001; (ii) the rules, standards, and other

regulations developed by the Commission for the delivery of

indigent defense services; and (iii) other matters for

implementation of the provisions of this act.

         Section 48.  Persons holding the position of public

defender or appellate defender on the date this act becomes law

are entitled to serve the remainder of their terms.



         Section 49.  Except as otherwise provided in this Part,

this act becomes effective July 1, 2001.  G.S. 7A-498, 7A-498.1,

7A-498.2, 7A-498.4, 7A-498.5, and 7A-498.6, as enacted in Section

1 of this act, are effective when they become law; however,

except as otherwise provided in this Part, no rules, standards,

or other regulations issued by the Commission on Indigent Defense

Services, and no decisions regarding the actual delivery of

services shall take effect prior to July 1, 2001, and all

authority over the expenditure of funds shall remain with the

Director of the Administrative Office of the Courts prior to that

date.  The Commission shall be responsible for the expenditure of

funds for all cases pending on or after July 1, 2001.

         In the General Assembly read three times and ratified

this the 13th day of July, 2000.





                        s/                          Marc Basnight

                          President Pro Tempore of the Senate





                        s/                         James B. Black

                          Speaker of the House of Representatives





                        s/                     James B. Hunt, Jr.

                          Governor





Approved 9:15 a.m. this 2nd day of August, 2000