IDS Rule 3.2 provides guidance on conducting an indigence determination and on appointing the Office of the Appellate Defender. When oral notice of appeal is given or written notice of appeal is filed, the trial court is required by IDS Rule 3.2 to conduct an indigence determination and if the defendant is found to be indigent, the Office of the Appellate Defender must be appointed. This must be done even if notice of appeal is entered at some time after the day of the hearing or trial being appealed.
Clerks and Judges who have questions about conducting an indigence determination, appointing the Office of the Appellate Defender, ordering transcripts, completing the Appellate Entries, or any other aspects of the appellate process should contact the Office of the Appellate Defender at (919) 354-7210.
Please note: There is no automated system that notifies the Office of the Appellate Defender when notice of appeal is entered or when an Appellate Entries is filed. Even the new Odyssey system does not notify our office of an appeal. Therefore the clerk who prepares the Appellate Entries must immediately send a copy of the Appellate Entries and judgment(s) to the Office of the Appellate Defender. See IDS Rule 3.2(c).
Instructions for completing the Appellate Entries:
- List ALL court dates. This includes all pre-trial hearings. Indicate the first and last day of multi-day hearings and trials.
- List ALL known co-defendants, even if they have entered a plea or have not been tried yet.
- Mark Box 4 which indicates the judge found the defendant to be indigent.
- If the defendant does not speak English, check Box 7 on the back of the Appellate Entries, and indicate the language spoken in the blank.
- Complete the transcript order on the back of the Appellate Entries.
- Serve all Court Reporters with the completed Appellate Entries.
- Date the transcript order with the date the Appellate Entries was provided to the court reporter, even if it is a different date than the date the judge signed it. Do not post-date, or pre-date, the transcript order.
- Email, fax, or mail the Appellate Entries and judgments to the Office of the Appellate Defender. Email is the preferred method for transmitting Appellate Entries and judgments to our office.
- Appellate Entries and judgments can be emailed to: firstname.lastname@example.org . We will confirm receipt of your email. If you do not receive confirmation of your email within one business day, please contact us to ensure it was received.
- Contact the Office of the Appellate Defender to confirm we received the case. Our phone number is 919-354-7210.
- Our mailing address is 123 W. Main St., Ste. 500, Durham, NC 27701. Note that we are not located in a courthouse and cannot receive mail via the AOC courier service.
Download: Appellate Entries Form for non-capital criminal cases (including guilty pleas and probation revocation hearings).
Download: Appellate Entries for civil commitment cases.