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) |
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Sponsors: |
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Referred to: |
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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
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––‑
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,
HokeScotland
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 StanlyMontgomery,
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,
RichmondRichmond, 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.