Supreme Court Adopts Ability-to-Pay Rule
The Supreme Court of North Carolina has added a new rule to the General Rules of Practice for the Superior and District Courts. New Rule 28, “Equitable Imposition of Monetary Obligations in Criminal Cases and Infraction Cases Based on the Defendant’s Ability to Pay,” was adopted on 14 December 2021 and became effective on 1 January 2022.
Rule 28 establishes a motion procedure for a defendant to request an equitable imposition of monetary obligations in a criminal case or an infraction case based on the defendant’s ability to pay. The rule also introduces a form motion created by the Administrative Office of the Courts. All interested persons are encouraged to read the Supreme Court’s order in its entirety.
If you have questions about the Supreme Court’s rulemaking process, please contact the Supreme Court’s Office of Administrative Counsel by email at email@example.com.