2005 North Carolina Code - General Statutes Article 37A - Access to Civil Justice Act.

Article 37A.

Access to Civil Justice Act.

§ 7A‑474.1.� Legislative findings and purpose.

The General Assembly of North Carolina declares it to be its purpose to provide access to legal representation for indigent persons in certain kinds of civil matters. The General Assembly finds that such representation can best be provided in an efficient, effective, and economic manner through five geographically based field programs in this State. (1989, c. 795, s. 25; 2001‑424, s. 22.14(e).)

 

§ 7A‑474.2.� Definitions.

The following definitions shall apply throughout this Article, unless the context otherwise requires:

(1)������ "Eligible client" means a resident of North Carolina financially eligible for representation under the Legal Services Corporation Act, regulations, and interpretations adopted thereunder (45 CFR § 1611, and subsequent revisions).

(2)������ "Legal assistance" means the provision of any legal services, as defined by Chapter 84 of the General Statutes, consistent with this Article. Provided, that all legal services provided hereunder shall be performed consistently with the Rules of Professional Conduct promulgated by the North Carolina State Bar. Provided, further, that no funds appropriated under this Article shall be used for lobbying to influence the passage or defeat of any legislation before any municipal, county, state, or national legislative body.

(3)������ Repealed by Session Laws 2001‑424, s. 22.14(f).

(4)������ "Geographically based field programs" means the following not‑for‑profit corporations using State funds to serve the counties listed: Legal Services of the Southern Piedmont, serving Cabarrus, Gaston, Mecklenburg, Stanly, and Union Counties; Legal Aid Society of Northwest North Carolina, serving Davie, Forsyth, Iredell, Stokes, Surry, and Yadkin Counties; North Central Legal Assistance Program, serving Durham, Franklin, Granville, Person, Vance, and Warren Counties; Pisgah Legal Services, serving Buncombe, Henderson, Madison, Polk, Rutherford, and Transylvania Counties; and Legal Services of North Carolina, serving 83 counties in North Carolina; or any successor entity or entities of the named organizations, or, should any of the named organizations dissolve, the entity or entities providing substantially the same services in substantially the same service area. (1989, c. 795, s. 25; 2001‑424, s. 22.14(f).)

 

§ 7A‑474.3.� Eligible activities and limitations.

(a)������ Eligible Activities. Funds appropriated under this Article shall be used only for the following purposes:

(1)������ To provide legal assistance to eligible clients;

(2)������ To provide education to eligible clients regarding their rights and duties under the law;

(3)������ To involve the private bar in the representation of eligible clients pursuant to this Article.

(b)������ Eligible Cases. Legal assistance shall be provided to eligible clients under this Article only in the following types of cases:

(1)������ Family violence or spouse abuse;

(2)������ Assistance for the disabled in obtaining federal Social Security benefits;

(3)������ Representation of eligible farmers faced with the potential of farm foreclosure;

(4)������ Representation of eligible clients over the age of 60 regarding the following matters:

a.�������� Wills and estates;

b.�������� Safe and sanitary housing;

c.�������� Pensions and retirement rights;

d.�������� Social Security and Medicare rights;

e.�������� Access to health care;

f.��������� Food and nutrition; and

g.�������� Transportation.

(5)������ Representation of eligible clients designed to enable them to obtain the necessary skills and means to obtain meaningful employment at a decent wage and reduce the public welfare rolls; and

(6)������ Representation of eligible clients under the age of 21 or eligible families with legal problems affecting persons under the age of 21 regarding the following matters:

a.�������� Financial support and custody of children;

b.�������� Child care;

c.�������� Child abuse or neglect;

d.�������� Safe and sanitary housing;

e.�������� Food and nutrition; and

f.��������� Access to health care.

(c)������ Limitations. No funds appropriated under this Article shall be used for any of the following purposes:

(1)������ To provide legal assistance with respect to any proceeding or litigation which seeks to procure a nontherapeutic abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion, or provide facilities for the performance of an abortion;

(2)������ To provide legal assistance with respect to any criminal proceeding;

(3)������ To provide legal assistance to any agricultural employee or migrant farmworker employed in North Carolina with regard to the terms of the worker's employment, including conditions relating to housing;

(4)������ To provide legal assistance to any prisoner within the North Carolina Department of Correction with regard to the terms of that person's incarceration; or

(5)������ To provide legal assistance to persons with mental handicaps residing in State institutions with regard to the terms and conditions of the treatment or services provided to them by the State. (1989, c. 795, s. 25; 1997‑506, s. 29.)

 

§ 7A‑474.4.� Funds.

Funds to provide representation pursuant to this Article shall be provided to the North Carolina State Bar for provision of direct services by and support of the geographically based field programs. The North Carolina State Bar shall allocate these funds directly to each of the five geographically based field programs based upon the eligible client population in each area program, with Pisgah Legal Services receiving the allocation for Buncombe, Henderson, Madison, Polk, Rutherford, and Transylvania Counties, based upon the eligible client population in each area program. The North Carolina State Bar shall not use any of these funds for its administrative costs. (1989, c. 795, s. 25; 2001‑424, s. 22.14(g).)

 

§ 7A‑474.5.� Records and reports.

The geographically based field programs shall keep appropriate records and make periodic reports, as requested, to the North Carolina State Bar. (1989, c. 795, s. 25; 2001‑424, s. 22.14(h).)

 

§§ 7A‑474.6 through 7A‑474.15: Reserved for future codification purposes.