In late March The Office of Indigent Defense Services (IDS) instituted a new process for the appointment and payment of counsel for cases in which a juvenile between the ages of 13 and 17 is charged with first-degree murder or murder where the degree is undesignated. The process, called the Juvenile First-Degree Murder Roster (JFDM Roster) is operated by the Office of the Juvenile Defender (OJD). For the 27 counties currently participating in the program, there is a new process for appointment of counsel in these cases.

According to Eric Zogry, North Carolina’s Juvenile Defender at the OJD, the following factors led to the development of the new process.

                “Considering the combination of the decrease in available defense counsel statewide, the need for continuity of counsel, and the expertise required to address both the complexity of the cases and potential severity of the sentences, we felt like the time had come to develop a statewide stand- alone roster to represent these youth.”

The New Process is Applicable in Both Juvenile and Criminal Matters

The JFDM Roster process involves some cases that begin as juvenile matters and others that begin as criminal matters. Cases in which the offense is alleged to have been perpetrated when the juvenile was age 13, 14, or 15 fall under the original jurisdiction of juvenile court. G.S. 7B-1501(7)a. Cases in which the offense is alleged to have been perpetrated when the juvenile was age 16 or 17 are excluded from original juvenile jurisdiction and therefore begin as criminal matters. G.S. 7B-1501(7)b.2.

The law also includes mechanisms for these cases to shift between juvenile and criminal jurisdiction. The cases that begin as juvenile matters must be transferred to superior court for trial as an adult following either a finding of probable cause or on notice of the return of a true bill of indictment. G.S. 7B-2200(b). These matters therefore begin under juvenile jurisdiction but are ultimately prosecuted as criminal matters. Without the JFDM Roster process, attorney representation in these cases can be disjointed and complex. Due to the variation in models of indigent defense across counties, there are many counties in which the same attorney cannot handle the case both when it is under juvenile jurisdiction and when it is under criminal jurisdiction. Under the JFDM Roster process, the same attorney will represent the juvenile from the beginning to the end of the matter.

It is also legally possible for a case that begins as a criminal matter (those in which the juvenile is aged 16 or 17 at the time of the offense) to be removed from criminal court to juvenile court for prosecution. G.S. 15A-960. Removal is required when the prosecutor and the attorney for the defendant file a joint motion for removal. While the practicality of this happening is questionable given the nature of the charges, the JFDM Roster process also ensures that there is no need for a change in counsel if the case is removed and becomes a juvenile matter.

Attorney Appointment Process

The appointment process under the JFDM Roster program is:

1. The judge appoints local provisional counsel in the same way that they would appoint counsel outside of the JFDM Roster process.
2. The judge completes the AOC-J-446, “Notice And Determination Of Counsel In First-Degree Murder (Or Unassigned Degree Of Murder) Cases At The Trial Level (Juvenile Aged 13-17 On Date Of Offense).” This form includes the findings needed to determine that the case is eligible for attorney appointment from the JFDM Roster. This includes that the juvenile is charged with first-degree murder or an undesignated degree of murder when they were aged 13 – 17 and that the juvenile is presumed indigent and entitled to counsel. The form also includes findings needed when an attorney is withdrawing as counsel. The attorney appointed under the JFDM Roster will also represent the juvenile on any charges brought contemporaneously or joined with the murder charge. This form therefore includes space for the court to list any such additional charges. Finally, the form includes a notice section indicating that the court must ensure that immediate notification is made to the OJD regarding the determination that the juvenile is entitled to counsel from the JFDM Roster. Notification can be made by email to OJD-notice@nccourts.org or via eFax at 9198901927@efax.nccourts.org.  
3. The clerk then provides the signed order and supplemental information to the OJD. The supplemental information should include:
   1. Case name and file number
   1. Next court date
   1. Name of provisional counsel
   1. Copy of the petition or warrant
4. The OJD will then appoint an attorney from the JFDM Roster using the AOC-J-447, “Assignment Of Counsel By Office Of Indigent Defense Services In Juvenile First-Degree Murder Cases At The Trial level.” The OJD is responsible for providing a copy of the order to the clerk, the District Attorney, the appointed attorney, the juvenile, and the juvenile’s parent, guardian, or custodian.

Payment Considerations

Expert Expenses

Requests and payment for experts for cases in which counsel is assigned through the JFDM Roster will be processed through the OJD.

Attorney Fee Applications

A new form, the AOC-J-448, “Juvenile First-Degree Murder Case Fee Application Order For Payment Judgment Against Indigent” was designed for processing payments to attorneys appointed through the JFDM Roster process. The first part of the form is to be completed by the attorney and includes submission of fee amounts along with supporting detailed timesheets. Once this section is completed and signed, the attorney sends the form by eFax to the OJD.

The second page of the form will be used when the case is resolved in superior court. This will be the situation for the vast majority of the cases, as those that begin under juvenile jurisdiction are subject to mandatory transfer and those that begin as criminal matters can only be resolved as juvenile matters if the prosecutor agrees to remove the case to juvenile court. The OJD will complete sections II and III of this second page, indicating the total amount of approved attorney fees and expenses and the total amount of support services fees and expenses. If the matter is resolved in juvenile court, section II of the third page of the form will be completed by the OJD. This section includes the total amount of allowable attorney fees and other allowable necessary expenses.

The original form is then sent to the trial judge for entry of any judgment related to attorney feed and expenses and any attorney appointment fee. Here again, the second page of the form should be used for cases resolved in superior courts. In this instance, the judgement is issued against the juvenile/defendant. If a case is resolved in juvenile court, the third page of the form should be used, and the judgment is issued against the parent, guardian, or trustee of the juvenile if they are financially able to pay the fees and expenses.

Where and When Does This Process Apply?

The JFDM Roster process is now in place for the following 27 counties: Alexander, Cabarrus, Caswell, Catawba, Davidson, Davie, Edgecombe, Forsyth, Franklin, Granville, Harnett, Iredell, Lee, Montgomery, Nash, Person, Randolph, Rockingham, Rowan, Stanly, Stokes, Surry, Vance, Warren, Wilkes, Wilson, and Vance.

The IDS shared the launch of the JFDM Roster project on March 30, 2026 in this announcement. Any new cases that meet the criteria for the program are now subject to appointment and payment mechanisms pursuant to this process. Additional information can be found at JFDM Roster FAQs.