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IVARSSON v. OFFICE OF INDIGENT DEFENSE SERVICES

No. COA02-36.

577 S.E.2d 650 (2003)

Carl G. IVARSSON, Jr., Carl A. Barrington, Jr., Edward Thomas Brady, Larry J. McGlothlin, George J. Franks, IV, Paul F. Herzog, Jack E. Carter, Joanna Shober, Ray Colton Vallery, James R. Parish, Coy E. Brewer, Jr., Robert L. Cooper, and Allen W. Rogers, Plaintiffs, v. The OFFICE OF INDIGENT DEFENSE SERVICES and the Commission of Indigent Defense Services, Defendants.

Court of Appeals of North Carolina.

March 18, 2003.

Attorney(s) appearing for the Case

Mitchell, Brewer, Richardson, Adams, Burge & Boughman, by Ronnie M. Mitchell and Coy E. Brewer, Jr., Fayetteville, for plaintiff-appellants.

Attorney General Roy Cooper, by Special Deputy Attorney General Norma S. Harrell, for the State.

American Civil Liberties Union of North Carolina Legal Foundation, Inc., by Marshall Dayan and Seth Jaffe, amicus curiae.

EAGLES, Chief Judge.

Plaintiffs appeal from an order denying summary judgment for plaintiffs and granting summary judgment for defendants. After careful review of the record, briefs and arguments of counsel, we affirm.

The evidence tends to show the following. Plaintiffs are attorneys practicing in the Cumberland County area. Plaintiffs challenge the constitutionality of the Indigent Defense Services Act of 2000, enacted as G.S. § 7A-498 et seq

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