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Non Capital Or Non Criminal Appeals Fee Application Order For Payment Judgment Against Indigent Or Parent Guardian CR-426 - North Carolina
| Non Capital Or Non Criminal Appeals Fee Application Order For Payment Judgment Against Indigent Or Parent Guardian Form. This is a North Carolina form and can be used in Criminal Statewide . |
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File No. (TYPE OR PRINT IN BLACK INK) In The General Court Of Justice District Superior Court Division Additional File Nos. STATE OF NORTH CAROLINA County Name And Address Of Indigent, Juvenile Or Dependent Adult NON-CAPITAL CRIMINAL OR NON-CRIMINAL APPEALS FEE APPLICATION ORDER FOR PAYMENT JUDGMENT AGAINST INDIGENT Social Security No. OR PARENT/GUARDIAN Has No Social Security No. G.S. Ch. 7A, Art. 36; G.S. 122C-268(d), -286(d) NOTE: DO NOT use this form for capital cases or for non-capital criminal or non-criminal cases at the trial level. Use form AOC-CR-425 for capital cases at the provisional, trial, appellate, or post-conviction level. Use form AOC-CR-225 for non-capital criminal and non-criminal cases at the trial level. INSTRUCTIONS: Applicant completes and signs Section I, and mails to: Office of Indigent Defense Services, Attn: Appellate Program, 123 W. Main St., Suite 700, Durham, NC 27701. If this is an application for interim payment, the Office of Indigent Defense Services will complete Section II and forward a copy of the form to the Administrative Office of the Courts for payment. If this an application for final payment, the Office of Indigent Defense Services will complete Section II, and forward the original form to the trial judge, and copies of the form to the defendant and the AOC for payment. The trial judge then completes Sections III through V. The Clerk dockets the judgment. I. APPLICATION I, the undersigned assigned counsel public defender appellate defender (other) , make application for payment or determination of value of services rendered for the indigent and for reimbursement of necessary expenses incurred. I certify that this information is correct to the best of my knowledge. 1310 NATURE OF MOST SERIOUS CONVICTION OR PROCEEDING THAT WAS APPEALED: (check all that A U Center O S Criminal Juvenile Other C E RCC Incompetent Felony (most serious conviction): Delinquent Involuntary Commitment Class: Abuse/Neglect/Dependency Name Of Offense: (Guardian Ad Litem) Misdemeanor Abuse/Neglect/Dependency Court (Parent Or Custodian) DWI Court of Appeals Non-Support Termination of Parental Rights Supreme Court Beginning Date This Fee Requested Ending Date This Fee Requested Prior Total Fees And ExpensesCOMPLETE IF INTERIM FEES $ TOTAL TIME CLAIMED THIS FEE: (Attach detailed time sheets) COMPLETE FOR THIS Travel Long Distance Telephone Copying Other Total ExpensesFEE: EXPENSES THIS FEE: $ $ $ $ $ Name Of Presiding Judge At The Trial Level Date Of Opinion COMPLETE IF THIS IS Result On Appeal No Error/Affirmed A FINAL Conviction Vacated New Trial FEE: Reversed And Remanded New Sentencing Hearing Other: Name Of Applicant NOTE: In assigned counsel cases, the applicant is always the individual attorney appointed in the case. If payment is to be made to applicant individually, write "same" Payee (see note) under payee and give applicants own taxpayer ID No. (either Social Security No. or Federal Employer ID No. as used by applicant). If payment is to be made to applicants firm, give firm name under payee and give firms taxpayer ID No. Address Taxpayer ID No. (see note) Date Telephone No. Signature Of Applicant II. AWARD OF PAYMENT OR DETERMINATION OF VALUE OF SERVICES The IDS Director FINDS that the "Total Amount" stated on Line 3 below be: (Assigned Counsel/GAL) paid by the State of North Carolina to the payee named above. (Public/Appellate Defender) fixed as the value of the legal services and other expenses of representation rendered by the applicant named above. 1. Fees Allowed/Value Of Services Rendered $ 2. Other Necessary Expenses Allowed By The IDS Director $ 3. TOTAL AMOUNT $ Date Name Of IDS Director Signature of IDS Director Malcolm R. Hunter, Jr. AOC-CR-426, Rev. 9/02 (Over) 2002 Administrative Office of the Courts <<<<<<<<<********>>>>>>>>>>>>> 2 III. FINDINGS OF FACT After written notice to the indigent named on the reverse or service of a summons on the responsible person named below, and opportunity to be heard, the Court finds that the indigent, juvenile or dependent adult named on the reverse has previously been adjudged to be indigent, or is less than 18 years old, or if 18 years old or older remains dependent on and domiciled with the responsible person named below; that he/she requested and has been provided counsel and other necessary expenses of representation; and that the applicant named on the reverse provided services and incurred expenses of which the money value is that stated in Part II on Line 3 on the reverse. IV. JUDGMENT NOTE: To enter judgment against indigent, check Option "A" and sign Part V. To enter judgment against parent, guardian or trustee of juvenile or dependent adult, check Option "B" and sign Part V. NOTE:When entering judgment the trial court should verify if interim payments were made. The trial court may not enter judgment for an amount greater than the Total Amount in Section II on the reverse. A. (Judgment Against Indigent) The Court further finds that a judgment of conviction has been entered against the indigent. Based on all of the above findings, it is ORDERED that the State of North Carolina recover from the indigent the amount stated below, together with interest at the legal rate from the date the judgment is docketed until paid. (Check this option when Option "A" is checked and the defendant has cash in hand to pay a portion, but not all, of the judgment.) The Court further finds pursuant to G.S. 7A-455(a) that the defendant is presently able financially to pay a portion, but not all, of this Judgment and, based on that finding, it is further ORDERED that the defendant immediately pay to the Clerk of Superior Court the "Amount To Be Paid Now" specified below, and that such amount when paid be credited against this Judgment on the records of the Clerk. B.(Order For Payment By Responsible Person and Judgment) The Court further finds that an order has been entered adjudicating the juvenile to be delinquent, abused, neglected or dependent or that a judgment of conviction has been entered against the dependent adult. The Court further finds that the responsible person named below is the parent, guardian or trustee of the juvenile or dependent adult and is financially able to pay the fees and expenses set out on the reverse and should therefore be held responsible for reimbursing the State for the same. Based on all of the above findings, it is ORDERED that the responsible person shall reimburse the State, within
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