Mission
The 14th Amendment declares, “No state shall deprive any person of life, liberty, or property, without due process of law.” Admitted patients, whose liberties are at stake, deserve our unwavering commitment to uphold this constitutional promise. As United States citizens, it is our solemn duty to ensure that due process is afforded to everyone, irrespective of their mental health or social status.
The Office of Special Counsel (OSC) exists to champion this cause, ensuring that no individual is denied their fundamental rights. Our mission is to protect and defend the constitutional liberties of every person, standing as a beacon of justice and fairness for all.
What We Do
When representing those admitted through civil commitment, our attorneys assist with various issues. These may include communicating with hospital staff about post-discharge plans, finding alternative methods for discharge outside of court to minimize negative risks, or zealously advocating in court for our clients’ wishes.
As a state agency, our mandate is limited to representing individuals admitted through the Civil Commitment Process as outlined in North Carolina General Statute § 122C.
Accordingly, without proper authorization from IDS or higher authorities, we cannot:
- Represent patients in criminal or civil proceedings outside of civil commitment.
- Represent committed patients in appeals to the North Carolina Court of Appeals.
- Provide legal advice on matters unrelated to civil commitment.
The Office of Special Counsel (OSC) is responsible for providing representation to persons who have a right to appointed counsel in North Carolina civil commitment courts. OSC is created as part of the Commission on Indigent Defense Services statutory directive to appoint attorneys licensed in North Carolina as special counsel for indigent respondents who are mentally ill. The OSC operates under the rules adopted by the Office of Indigent Defense Services (IDS). G.S. § 122C-270. The Chief Special Counsel is appointed by the Commission on Indigent Defense Services.
The OSC operates four offices within North Carolina: the three State facilities and the Raleigh office. The Chief Special Counsel, in conjunction with IDS administers a system of appointment of private assigned counsel (PAC) and contract attorneys for clients in counties or Judicial Districts that do not have a State facility and where the Public Defender’s Office does not represent respondents in licensed 24-hour facilities.
The goal of the OSC is to provide involuntary patients with effective protection of their interests.