North Carolina raises rates for court-appointed attorneys
RALEIGH — North Carolina will increase hourly compensation for private attorneys appointed to represent people who cannot afford counsel, following an Aug. 7 vote by the state Indigent Defense Services Commission.
The new rates take effect Oct. 1 and apply to court-appointed representation across North Carolina.
Attorneys handling misdemeanor cases will receive $85 per hour. The rate will increase to $90 per hour for lower-level felonies and $110 for higher-level felonies.
Potentially capital cases will be compensated at $120 per hour, according to Indigent Defense Services.
Attorneys appointed in abuse, neglect and dependency proceedings and termination-of-parental-rights cases will receive $90 per hour.
The increases are supported by additional funding included in the 2026 State Appropriations Act, which Gov. Josh Stein signed July 7. The budget provided additional money for the Private Assigned Counsel Fund.
Private assigned counsel are used when defendants qualify for state-funded representation but cannot be represented by a public defender’s office. The attorneys also serve in counties without public defender offices and in cases involving conflicts of interest or specialized legal needs.
Although the commission approved higher hourly rates, the policy contains an offsetting change. Mileage will no longer be reimbursed in noncapital cases.
Indigent Defense Services said it will publish a revised rate schedule and additional implementation instructions. Those instructions will address private assigned counsel rosters, managed assigned counsel programs, contracts and judicial districts using flat-fee payment arrangements.
The Sixth Amendment to the United States Constitution guarantees legal representation to criminal defendants who face imprisonment and cannot afford an attorney. North Carolina’s public-defense system uses a combination of public defender offices, private appointed attorneys and contract arrangements to fulfill that obligation.
Compensation levels can affect the number of private attorneys willing to accept appointed cases, particularly complex cases requiring substantial preparation, travel or expert assistance.
The commission described its Aug. 7 action as an across-the-board increase. The new rates apply beginning Oct. 1, but the agency has not yet published every revised payment rule.
Attorneys participating in the system have been advised to watch for additional guidance before the effective date.
Editor’s note:
This article was drafted with the assistance of artificial intelligence and was reviewed and fact-checked by a member of the NC Political News editorial team before publication.
