Appointment of Attorneys in Juvenile Transfer Cases

How does the appointment of counsel to represent juveniles with cases that are transferred to superior court for trial as adults work? This can be a confusing question to answer given that the legal authority for the appointment of counsel changes at the time of transfer, there are important immediate legal issues following transfer, and there are so many different ways in which indigent defense services are provided across North Carolina. This blog will (1) identify the law that governs appointment of counsel when cases are in juvenile court and following transfer, (2) share recently released guidance from the N.C. Office of Indigent Defense Services (IDS) regarding appointment of counsel in matters that are transferred, and (3) suggest a procedure that could be followed to ensure that the rights of juveniles regarding appeals of transfer orders and conditions of pretrial release are ensured. Law that Governs Appointment of Counsel in Transfer Cases While the Case is Under Juvenile Jurisdiction G.S. 7B-2000 provides that counsel for the juvenile must be appointed in any proceeding in which the juvenile is alleged to be delinquent unless counsel is retained for the juvenile. It also provides that all juveniles must be “conclusively presumed to be indigent” and eliminates the need for an affidavit of indigency from the juvenile. Pursuant to G.S. 7A-451(b), “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” [...]