Is a person entitled to counsel because of the collateral consequences of a Class 3 misdemeanor?

Under the current state of the law in North Carolina, no. Some state courts have suggested that their state constitutions may require appointment of counsel because of the collateral consequences that attach to a criminal conviction, which can have a serious and longstanding impact. See City of Pendleton v. Standerfer, 688 P.2d 68 (Or. 1984) (en banc), abrogated on other grounds, State v. Probst, 124 P.3d 1237 (Or. 2005); Alexander v. City of Anchorage, 490 P.2d 910 (Alaska 1971); see also Padilla v. Kentucky, 559 U.S. 356 (2010) (holding under U.S. Constitution that noncitizen defendant has right to effective assistance of counsel because of immigration consequences of conviction). The most common collateral consequence for a conviction of a Class 3 misdemeanor is revocation of a person’s license to drive. Conviction of a Class 3 misdemeanor also may lead to other collateral consequences, including restrictions on occupational licensing and housing. See Collateral Consequences Assessment Tool (C-CAT) (School of Government, 2013); see also Sejal Zota and John Rubin, Immigration Consequences of a Criminal Conviction in North Carolina § 3.3D, at p. 34, & § 3.4A, at p. 38 (School of Government, 2008) (conviction of possession of Class 3 misdemeanor amount of marijuana may result in immigration consequences in some circumstances).

Collateral consequences have not yet been recognized by North Carolina appellate decisions as affording a person a right to counsel. In conversations with the author, IDS has indicated that until a North Carolina appellate court rules that a defendant is entitled to counsel because of the collateral consequences of a conviction, it is not authorized to compensate counsel.