Rule 4 - Qualification Requirements for Appointed Counsel4.1 Maintenance of Delinquency Appointment List. Pursuant to "The Regulations for Appointment of Counsel in the Three-A Defender District (Pitt County) in Cases Under the Indigent Defense Services Act," referred to here as "Regulations" or "Regulations for the Appointment of Counsel," the Chief Public Defender shall maintain in his or her office the master lists of attorneys eligible to be appointed to represent juveniles alleged to be Delinquent or Undisciplined. The lists shall be designated as follows: 4A for Class A1-3 Misdemeanors, Class H-I Felonies, Probation Violations, and Motions for Contempt 4B for Class A-G felonies An attorney on either list may continue to represent a juvenile if the juvenile's case is transferred to Superior Court if the attorney is qualified by the Public Defender to represent adults in that class of felony case in Superior Court, subject to the second chair requirements for that list. If the attorney is not qualified by the Public Defender to represent adults in that class of felony case in Superior Court or wishes not to represent the juvenile in Superior Court, another qualified attorney will be appointed by the court as soon as practicable but no later than prior to the probable cause hearing. 4.2 Request for Inclusion on List. Any attorney who wishes to represent juveniles in Delinquency Court must submit a written request to the Public Defender's Office using the form for such requests that is available from that office. Once the attorney has met the requirements set forth in the Regulations, the request will be forwarded to the Committee on Indigent Appointments for review and for approval of inclusion on the appropriate list(s).4.3 Removal from Lists. If an attorney for a juvenile does not wish to remain on the qualified court appointed list(s) for Juvenile Delinquency proceedings, the attorney shall notify the Public Defender and the deputy and/or assistant clerks assigned to Juvenile Court by the Pitt County Clerk of Court. If the attorney for a juvenile has cases pending, the attorney should make every effort to continue representation through the dispositional stage.4.4 Withdrawal from Representation. An attorney for a juvenile is not relieved of the responsibility to represent a juvenile until such time as a Delinquency Court Judge enters an order allowing the attorney to withdraw.4.5 Judge's Inherent Authority. Nothing in these Rules shall inhibit the inherent power of an individual Judge presiding in Juvenile Delinquency Court to remove an attorney for a juvenile and appoint a new attorney.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 4
Adopted November 15, 2022, effective 1/1/2023.