N.C. R. Prac. Super. & Dist. Ct. 6

As amended through April 29, 2024

Rule 6 - Responsibilities of Attorneys

6.1 Calendar Call. An attorney who represents a party in a matter scheduled on the Juvenile Delinquency Court Docket shall appear at calendar call for the session in which the matter is docketed unless excused by the Judge presiding in Juvenile Delinquency Court or by agreement of all the parties.

6.2 Priority of Juvenile Court. An attorney who has a conflict in another court shall comply with the relevant rules relating to priority found in Rule 3.1 "Guidelines for Resolving Scheduling Conflicts" of the North Carolina General Rules of Practice for the Superior and District Courts and shall inform the Court if he or she anticipates that there will be some conflict that would prevent his or her prompt appearance in Juvenile Court. In resolving court conflicts, it is the policy of this District that Juvenile Court shall take priority over all other District Court matters, to the extent that said priority does not conflict with Rule 3.1. It shall be the responsibility of the attorney to keep the courtroom clerks informed of his or her location at all times.

6.3 Attorney Coverage. Any attorney who is unable to be present in court for some extenuating circumstance such as vacation, illness, or court conflict shall be responsible for notifying the courtroom clerk in advance. The attorney shall either resolve the conflict with the assigned Assistant District Attorney prior to the scheduled court date or secure a qualified replacement attorney who may also be found on the appropriate list. Nothing in these rules may require a juvenile to waive his or her right to be represented by their assigned counsel.

6.4 Notification of Contact Information/Changes. Any attorney who makes an appearance in a Delinquency or Undisciplined proceeding shall provide the courtroom clerk with a cell phone number or other mechanism for contacting the attorney when his or her presence is needed in court. An attorney shall notify the assistant or deputy clerks assigned to Juvenile-Court of any changes in his or her contact information (i.e., office telephone number, facsimile number, cell phone number, mailing address, email address, and changes in law firm memberships which could result in conflicts in appointments).

6.5 Continued Representation. An attorney who enters an appearance or who accepts an appointment in a Juvenile Delinquency or Undisciplined case shall continue to represent the juvenile throughout all stages of the proceedings (including but not limited to: first appearances, secured custody reviews, probable cause hearings, transfer hearings, adjudication, disposition, probation violations, motions for review, etc.) as long as the juvenile continues under the jurisdiction of the Court unless allowed to withdraw by the Court or unless the juvenile is assigned a new attorney.

6.6 Withdrawal of Representation. A Motion to Withdraw from representation in a case shall only be granted for compelling reasons. When a Motion to Withdraw is granted by the court, the clerk shall appoint a new attorney from the appointment lists in accordance with Rule 5 herein and in accordance with the Regulations for Appointment of Counsel.

6.7 Retained Attorney. When an attorney is privately retained, the retained attorney shall immediately notify appointed counsel, the District Attorney's Office, and the assistant or deputy clerks assigned to Juvenile Court of his or her appearance in the case.

6.8 Fee Applications. All attorneys submitting fee applications for court appointed cases in Juvenile Delinquency Court shall comply with the following provisions:

A. Fee applications (AOC-J-411) shall be filled out completely.

B. Fee applications shall be submitted only at the conclusion of the Adjudication and/or Disposition hearing and after each subsequent hearing, unless the attorney is released.

C. Fee applications for time in excess of 10 hours shall include a typed affidavit of work on the case, including, but not limited to, date, activity, and amount of time spent.

D. Fee applications shall be in accordance with any rules and/policies of the North Carolina Office of Indigent Defense Services.

6.9 Attendance at Court Proceedings. Failure of an appointed attorney to attend court proceedings could jeopardize further appointments and/or result in removal from the appointment lists. The Court maintains the inherent authority to remove an attorney from a case and to appoint new counsel if an attorney does not appear at a court proceeding.

6.10 Secured Leave. Pursuant to Rule 26 of the General Rules of Practice, attorneys may from time to time designate and enjoy one or more secure leave periods each year as provided therein. Any secured leave designation filed by an attorney should be provided to the assistant or deputy clerks assigned to Juvenile Court, so that the clerks may make any necessary adjustments to appointment rotations.

6.11 Contact with Client. An attorney shall make diligent efforts to maintain sufficient contact with his or her client in order to provide effective representation. If a juvenile is in Secured Custody, the assigned counsel shall make diligent efforts to meet with the juvenile within 3 business days of assignment or of the juvenile being placed in detention.

6.12 Minimum Performance Standards. Court appointed attorneys are expected to provide quality representation for all clients. Attorneys shall be held to the minimum performance standards of representation pursuant to the Regulations for the Appointment of Counsel. Failure to comply with these standards could result in removal from court appointed lists.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 6

Adopted November 15, 2022, effective 1/1/2023.