NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 870

HOUSE BILL 1103

 

 

AN ACT TO PROVIDE FOR THE APPOINTMENT OF COUNSEL FOR INDIGENT JUVENILES AT DELINQUENCY HEARINGS, AND TO PROVIDE FOR THE COMPENSATION OF COUNSEL.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 110, Article 2, of the General Statutes is amended by inserting therein a new Section, to be numbered Section 110-29.1, to read as follows:

Sec. 110-29.1.  Appointment of Counsel for Indigent Children in Delinquency Proceedings; Compensation of Counsel. Any judge authorized to conduct hearings in juvenile court matters, shall, prior to conducting a hearing pursuant to G.S. 110-29, in which a finding of delinquency and commitment to an institution is possible, inform the child and his parent or parents that the child is entitled to representation by counsel, and that if they are financially unable to retain counsel, the court will appoint counsel to represent the child. Determination of indigency shall be made under the standards established in G.S. 15-5.1 for indigency in adult cases. The fee for appointed counsel shall be fixed by the judge who conducts the hearing, and shall be paid under the same procedures and from the same fund as fees for counsel appointed in adult indigent cases. To assure a reasonable degree of uniformity in fees for appointed counsel in juvenile cases, the Administrative Officer of the Courts is authorized to promulgate, subject to the approval of the Supreme Court, rules for the guidance of juvenile court judges in fixing fees under this Section.

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective July 1, 1967.

In the General Assembly read three times and ratified, this the 21st day of June, 1967.