Bill Text: NC S797 | 2017-2018 | Regular Session | Amended
Bill Title: District Court 25 - Burke/Caldwell/Catawba
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-01 - Ref To Com On Rules and Operations of the Senate [S797 Detail]
Download: North_Carolina-2017-S797-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 797
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Short Title: District Court 25 - Burke/Caldwell/Catawba. |
(Public) |
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Sponsors: |
Senator Daniel (Primary Sponsor). |
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Referred to: |
Rules and Operations of the Senate |
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June 1, 2018
A BILL TO BE ENTITLED
AN ACT to align the District Court and prosecutorial Districts to the Superior Court Districts In District 25.
The General Assembly of North Carolina enacts:
SECTION 1.(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 6 Scotland
Hoke
Anson
Richmond
16B 5 Robeson
17A 4 Caswell
Rockingham
17B 4 Stokes
Surry
18 14 Guilford
19A 5 Cabarrus
19B 7 Montgomery
Moore
Randolph
19C 5 Rowan
20A 2 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
2525A 92 Burke
Caldwell
25B 8 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.
…."
SECTION 1.(b) Notwithstanding G.S. 7A‑133(a), upon each of the first three district court judgeship vacancies occurring in District Court District 25B due to death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on the effective date of this section shall be filled according to law. However, at the next general election held for that judgeship, only persons who reside in District 25A, as enacted by this act, may be candidates for that district court judgeship and any primary associated with that general election shall also be held accordingly.
SECTION 1.(c) Upon each of the first three district court judgeship vacancies occurring in District Court District 25B due to the death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on the effective date of this section, the Director of the Administrative Office of the Courts shall provide written notice of the vacancy to the State Board of Elections and Ethics Enforcement and to the Revisor of Statutes. The State Board of Elections and Ethics Enforcement shall ensure that only persons who reside in District Court District 25A, as enacted by this act, may file as candidates for the judgeship at the next general election held for that judgeship. The Revisor of Statutes shall revise the language of G.S. 7A‑133(a) to reflect the changed number of judges in Districts 25A and 25B.
SECTION 1.(d) On January 15, 2030, if the provisions of this section have not resulted in the modification of G.S. 7A‑133(a) to reflect that five judges each serve in Districts 25A and 25B, as enacted by this act, the Revisor of Statutes shall revise the language of G.S. 7A‑133(a) to so reflect and the elections of 2030 shall be held in accordance with the revised statute.
SECTION 1.(e) The additional judge in District 25A, as established by subsection (a) of this section, shall take office on January 1, 2021, with an election in 2020 to be held accordingly.
SECTION 2.(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 6
22 Caswell, Rockingham 10
23 Stokes, Surry 8
24 Guilford 34
25 Cabarrus 9
26 Montgomery, Randolph 10
27 Rowan 9
28 Moore 5
29 Stanly 5
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
36A Burke, Caldwell 10
36B Catawba 9
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 2.(b) This section becomes effective January 1, 2023, with an election in 2022 to be held accordingly.
SECTION 3. Except as otherwise provided, this act is effective when it becomes law.
