Bill Text: NC H1037 | 2017-2018 | Regular Session | Amended

North Carolina House Bill 1037 (Prior Session Legislation)

Bill Title: Various Judicial Districts Changes

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2018-06-05 - Ref To Com On Rules and Operations of the Senate [H1037 Detail]

Download: North_Carolina-2017-H1037-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H 3

HOUSE BILL 1037

Committee Substitute Favorable 6/1/18

Third Edition Engrossed 6/5/18

Short Title: Various Judicial Districts Changes.		(Public)
Sponsors:
Referred to:

May 31, 2018

A BILL TO BE ENTITLED

AN ACT to revise certain judicial districts.

The General Assembly of North Carolina enacts:

SECTION 1.(a) G.S. 7A‑41 reads as rewritten:

"§ 7A‑41. Superior court divisions and districts; judges.

(a) The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:

Superior

Judicial Court No. of Resident

Division District Counties Judges

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First 1 Camden, Chowan, 2

Currituck,

Dare, Gates,

Pasquotank,

Perquimans

First 2 Beaufort, Hyde, 1

Martin,

Tyrrell, Washington

First 3A Pitt 2

Second 3B Carteret, Craven, 3

Pamlico

Second 4A4 Duplin, Jones, Onslow, 12

Sampson

~~Second~~ 4B ~~Onslow~~ 1

Second 5A (part of New Hanover, 1

part of Pender

see subsection (b))

5B (part of New Hanover, 1

part of Pender

see subsection (b))

5C (part of New Hanover, 1

see subsection (b))

First 6A Halifax 1

First 6B Bertie, Hertford, 1

Northampton

First 7A Nash 1

First 7B (part of Wilson, 1

part of Edgecombe,

see subsection (b))

First 7C (part of Wilson, 1

part of Edgecombe,

see subsection (b))

Second 8A Lenoir and Greene 1

Second 8B Wayne 1

Third 9 Franklin, Granville, 2

Person, Vance, Warren

Third 10A (part of Wake, 1

see subsection (b))

Third 10B (part of Wake, 2

see subsection (b))

Third 10C (part of Wake, 1

see subsection (b))

Third 10D (part of Wake, 1

see subsection (b))

Fourth 11A Harnett, 1

Lee

Fourth 11B Johnston 1

Fourth 12A (part of Cumberland, 1

see subsection (b))

Fourth 12B (part of Cumberland, 1

see subsection (b))

Fourth 12C (part of Cumberland, 2

see subsection (b))

Fourth 13A Bladen, Columbus 1

Fourth 13B Brunswick 1

Third 14A (part of Durham, 1

see subsection (b))

Third 14B (part of Durham, 3

see subsection (b))

Third 15A Alamance 2

Third 15B Orange, Chatham 2

Fourth 16A Anson, Richmond, 2

~~Scotland, Hoke~~Scotland

Fourth 16B Robeson 2

Fifth 17A Caswell, Rockingham 3

Fifth 17B Stokes, Surry 2

Fifth 18A (part of Guilford, 1

see subsection (b))

Fifth 18B (part of Guilford, 1

see subsection (b))

Fifth 18C (part of Guilford, 1

see subsection (b))

Fifth 18D (part of Guilford, 1

see subsection (b))

Fifth 18E (part of Guilford, 1

see subsection (b))

Sixth 19A Cabarrus 1

Fifth 19B ~~Montgomery,~~ Randolph 12

Sixth 19C Rowan 1

Fourth 19D Hoke, Moore 12

Sixth 20A Montgomery, Stanly 12

Sixth 20B Union 2

Fifth 21A (part of Forsyth, 1

see subsection (b))

Fifth 21B (part of Forsyth, 1

see subsection (b))

Fifth 21C (part of Forsyth, 1

see subsection (b))

Fifth 21D (part of Forsyth, 1

see subsection (b))

Sixth 22A Alexander, Iredell 2

Sixth 22B Davidson, Davie 2

Fifth 23 Alleghany, Ashe, 1

Wilkes, Yadkin

Eighth 24 Avery, Madison, 2

Mitchell,

Watauga, Yancey

Seventh 25A Burke, Caldwell 2

Seventh 25B Catawba 2

Seventh 26A (part of Mecklenburg, 2

see subsection (b))

Seventh 26B (part of Mecklenburg, 3

see subsection (b))

Seventh 26C (part of Mecklenburg, 2

see subsection (b))

Seventh 27A Gaston 2

Seventh 27B Cleveland, Lincoln 2

Eighth 28 Buncombe 2

Eighth 29A McDowell, 1

Rutherford

Eighth 29B Henderson, Polk, 1

Transylvania

Eighth 30A Cherokee, Clay, 1

Graham, Macon,

Swain

Eighth 30B Haywood, Jackson 1.

�

(b1) The qualified voters of District 4 shall elect all judges established for District 4 in subsection (a) of this section, but only persons who reside in Onslow County may be candidates for one of the judgeships and only persons who reside in Duplin, Jones, or Sampson County may be candidates for the remaining judgeship.

�."

SECTION 1.(b) The additional judges in Districts 19B, 19D, and 20A, as established by this section, shall take office on January 1, 2019, with an election in 2018 to be held accordingly.

SECTION 1.(c) Except as provided in this section, this section becomes effective January 1, 2019, and elections in 2018 and thereafter shall be held accordingly.

SECTION 2.(a) G.S. 7A‑133 reads as rewritten:

"§ 7A‑133. Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.

(a) Each district court district shall have the numbers of judges as set forth in the following table:

District Judges County

��

1 5 Camden

Chowan

Currituck

Dare

Gates

Pasquotank

Perquimans

2 4 Martin

Beaufort

Tyrrell

Hyde

Washington

3A 5 Pitt

3B 6 Craven

Pamlico

Carteret

4 8 Sampson

Duplin

Jones

Onslow

5 9 New Hanover

Pender

6 4 Northampton

Bertie

Hertford

Halifax

7 7 Nash

Edgecombe

Wilson

8 6 Wayne

Greene

Lenoir

9 5 Granville

(part of Vance

see subsection (b))

Franklin

Person

9B 2 Warren

(part of Vance

see subsection (b))

10 19 Wake

11 11 Harnett

Johnston

Lee

12 10 Cumberland

13 6 Bladen

Brunswick

Columbus

14 7 Durham

15A 4 Alamance

15B 5 Orange

Chatham

16A 64 Scotland

~~Hoke~~

Anson

Richmond

16B 5 Robeson

17A 4 Caswell

Rockingham

17B 4 Stokes

Surry

18 14 Guilford

19A 5 Cabarrus

19B 75 ~~Montgomery~~

~~Moore~~

Randolph

19C 5 Rowan

19D 4 Hoke, Moore

20A 23 ~~Stanly~~Montgomery, Stanly

20B 1 (part of Union

see subsection (b))

20C 2 (part of Union

see subsection (b))

20D 1 Union

21 11 Forsyth

22A 5 Alexander

Iredell

22B 6 Davidson

Davie

23 4 Alleghany

Ashe

Wilkes

Yadkin

24 4 Avery

Madison

Mitchell

Watauga

Yancey

25 9 Burke

Caldwell

Catawba

26 21 Mecklenburg

27A 7 Gaston

27B 6 Cleveland

Lincoln

28 7 Buncombe

29A 3 McDowell

Rutherford

29B 4 Henderson

Polk

Transylvania

30 6 Cherokee

Clay

Graham

Haywood

Jackson

Macon

Swain.

(b) For district court districts of less than a whole county, or with part or all of one county with part of another, the composition of the district is as follows:

�

(b5) The qualified voters of District 19D shall elect all judges established for District 19D in subsection (a) of this section, but only persons who reside in Hoke County may be candidates for one of the judgeships and only persons who reside in Hoke or Moore County may be candidates for the remaining judgeships.

(b6) The qualified voters of District 20A shall elect all judges established for District 20A in subsection (a) of this section, but only persons who reside in Montgomery County may be candidates for one of the judgeships and only persons who reside in Montgomery or Stanly County may be candidates for the remaining judgeships.

�."

SECTION 2.(b) The additional judge in District 20A, as established by this section, shall take office on January 1, 2019, with an election in 2018 to be held accordingly.

SECTION 2.(c) G.S. 7A‑133, as enacted by this section, becomes effective January 1, 2019.

SECTION 3.(a) G.S. 7A‑60 reads as rewritten:

"§ 7A‑60. District attorneys and prosecutorial districts.

(a) The State shall be divided into prosecutorial districts, as shown in subsection (a1) of this section. There shall be a district attorney for each prosecutorial district, as provided in subsections (b) and (c) of this section who shall be a resident of the prosecutorial district for which elected. A vacancy in the office of district attorney shall be filled as provided in Article IV, Sec. 19 of the Constitution.

�

(a1) (Effective January 1, 2019) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full‑time assistant district attorneys set forth in the following table:

No. of Full‑Time

Prosecutorial Asst. District

District Counties Attorneys

1 Camden, Chowan, Currituck, 11

Dare, Gates, Pasquotank,

Perquimans

2 Beaufort, Hyde, Martin, 8

Tyrrell, Washington

3 Pitt 12

4 Carteret, Craven, Pamlico 13

5 Duplin, Jones, Onslow, Sampson 19

6 New Hanover, Pender 19

7 Bertie, Halifax, Hertford, 11

Northampton

8 Edgecombe, Nash, Wilson 19

9 Greene, Lenoir, Wayne 14

10 Franklin, Granville, Person 13

Vance, Warren

11 Wake 42

12 Harnett, Lee 11

13 Johnston 10

14 Cumberland 25

15 Bladen, Brunswick, Columbus 14

16 Durham 18

17 Alamance 12

18 Orange, Chatham 10

19 ~~Scotland, Hoke~~ 7

20 Robeson 12

21 Anson, ~~Richmond~~Richmond, Scotland 67

22 Caswell, Rockingham 10

23 Stokes, Surry 8

24 Guilford 34

25 Cabarrus 9

26 ~~Montgomery,~~ Randolph 10

27 Rowan 9

28 Hoke, Moore 59

29 Montgomery, Stanly 56

30 Union 11

31 Forsyth 27

32 Alexander, Iredell 12

33 Davidson, Davie 12

34 Alleghany, Ashe, Wilkes, Yadkin 9

35 Avery, Madison, Mitchell, 8

Watauga, Yancey

36 Burke, Caldwell, Catawba 19

37 Mecklenburg 58

38 Gaston 15

39 Cleveland, Lincoln 12

40 Buncombe 14

41 McDowell, Rutherford 8

42 Henderson, Polk, Transylvania 9

43 Cherokee, Clay, Graham, 12

Haywood, Jackson, Macon, Swain.

�."

SECTION 3.(b) The office and term of the district attorney for Prosecutorial District 19 formerly consisting of Hoke and Scotland Counties is terminated upon the expiration of the current term, December 31, 2020. Effective January 1, 2021, District 19 formerly consisting of Hoke and Scotland Counties is reassigned as provided in this section. All open investigations and pending cases for Prosecutorial District 19 formerly consisting of Hoke and Scotland Counties shall be transferred to either District 21 or District 28, as enacted by this section. Hoke County is added to District 28, as enacted by this section, and the total number of ADAs in that district is nine. Scotland County is added to District 21, and the total number of ADAs in that district is seven.

SECTION 4. If Senate Bill 99, 2017 Regular Session, becomes law, The Director of the Budget shall increase the budget of the Administrative Office of the Courts from the unreserved fund balance in an amount sufficient to cover the costs of the judgeships created by this bill. These funds are hereby appropriated.

SECTION 5. Except as otherwise provided, this act is effective when it becomes law, and elections in 2018 and thereafter shall be held accordingly.