GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 1037
The General Assembly of North Carolina enacts:
Section 1. 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 judicial 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:
Judicial
Superior
Judicial Court No. of Resident
Division District Counties Judges
First 1 Camden, Chowan, 2
Currituck,
Dare, Gates,
Pasquotank,
Perquimans
2 Beaufort, Hyde, 1
Martin,
Tyrrell, Washington
3A Pitt 1
3B Carteret, Craven, 1
Pamlico
4A Duplin, Jones, 1
Sampson
4B Onslow 1
5 New Hanover, 2
Pender
6A Halifax 1
6B Bertie, Hertford, 1
Northampton
7A Nash 1
7B (part of Wilson, 1
part of Edgecombe,
see subsection (b))
7C (part of Wilson, 1
part of Edgecombe,
see subsection (b))
8A Lenoir and Greene 1
8B Wayne 1
Second 9 Franklin, Granville, 2
Person,
Vance, Warren
10A (part of Wake 1
see subsection (b))
10B (part of Wake 2
see subsection (b))
10C (part of Wake 1
see subsection (b))
10D (part of Wake 1
see subsection (b))
11 Harnett, Johnston, 1
Lee
12A (part of Cumberland 1
see subsection (b))
12B (part of Cumberland 1
see subsection (b))
12C (part of Cumberland 2
see subsection (b))
13 Bladen, Brunswick, 1
Columbus
14A (part of Durham 1
see subsection (b))
14B (part of Durham 3
see subsection (b))
15A Alamance 1
15B Orange, Chatham 1
16A Scotland, Hoke 1
16B Robeson 1
Third 17A Caswell, Rockingham 1
17B Stokes, Surry 1
18A (part of Guilford 1
see subsection (b))
18B (part of Guilford 1
see subsection (b))
18C (part of Guilford 1
see subsection (b))
18D (part of Guilford 1
see subsection (b))
18E (part of Guilford 1
see subsection (b))
19A Cabarrus 1
19B Montgomery, 1
Randolph
19C Rowan 1
20A Anson, Moore, 1
Richmond
20B Stanly, Union 1
21A (part of Forsyth 1
see subsection (b))
21B (part of Forsyth 1
see subsection (b))
21C (part of Forsyth 1
see subsection (b))
21D (part of Forsyth 1
see subsection (b))
22 Alexander, Davidson, 2
Davie, Iredell
23 Alleghany, Ashe, 1
Wilkes, Yadkin
Fourth 24 Avery, Madison, 1
Mitchell,
Watauga, Yancey
25A Burke, Caldwell 1
25B Catawba 1
26A (part of Mecklenburg 2
see subsection (b))
26B (part of Mecklenburg 2
see subsection (b))
26C (part of Mecklenburg 2
see subsection (b))
27A Gaston 2
27B Cleveland, Lincoln 1
28 Buncombe 2
29 Henderson, 1
McDowell, Polk,
Rutherford,
Transylvania
30A Cherokee, Clay, 1
Graham, Macon,
Swain
30B Haywood, Jackson 1
(b) For judicial superior
court districts of less than a whole county, or with part of one county
with part of another, the composition of the district and the number of judges
is as follows:
(1) Judicial Superior
Court District 7B consists of County Commissioner Districts 1, 2 and 3 of
Wilson County, Blocks 127 and 128 of Census Tract 6 of Wilson County, and
Townships 12 and 14 of Edgecombe County. It has one judge.
(2) Judicial Superior
Court District 7C consists of the remainder of Edgecombe and Wilson
Counties not in District 7B. It has one judge.
(3) Judicial Superior
Court District 10A consists of Raleigh Precincts 12, 13, 14, 18, 19, 20,
22, 25, 26, 28, 34, 35, and 40, and St. Matthews #3, except that if the Wake
County Board of Elections provides that the area in Raleigh Township which was
incorrectly placed in a St. Mary's precinct shall be in Raleigh Precinct 40,
that area shall be considered to be in Raleigh Precinct 40 for district
purposes. It has one judge.
(4) Judicial Superior
Court District 10B consists of Buckhorn Precinct, Cary Precincts 1, 2, 3,
4, 5, 6, and 7, Cedar Fork Precinct, Holly Springs Precinct, House Creek
Precinct #1, Meredith Precinct, Middle Creek Township, Raleigh Precincts 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 16, 21, 23, 24, 27, 29, 31, 32, 33, 36, and 41,
Swift Creek Precinct #1 and #2 and White Oak Township. It has two judges.
(5) Judicial Superior
Court District 10C consists of Barton's Creek Precinct, Leesville Precinct,
House Creek Precinct #2, Little River Township, Marks Creek Township, New Light
Township, Panther Branch Township. St. Mary's Precincts #1, #2, #3, #4, #5, and
#6, and Wake Forest Township. It has one judge.
(6) Judicial Superior
Court District 10D consists of the remainder of Wake County not in Judicial
Superior Court Districts 10A, 10B or 10C. It has one judge.
(7) Judicial Superior
Court District 12A consists of that part of Cross Creek Precinct #18 north
of Raeford Road, Montclair Precinct, that part of Precinct 71-1 not in District
12B, Precinct 71-2, Morganton #2 Precinct, Cottonade Precinct, Cumberland
Precincts 1 and 2, and Brentwood Precinct. It has one judge.
(8) Judicial Superior
Court District 12B consists of all of State House of Representatives
District 17, except for Westarea Precinct, and it also includes that part of
Cross Creek Precinct #15 east of Village Drive. It has one judge.
(9) Judicial Superior
Court District 12C consists of the remainder of Cumberland County not in Judicial
Superior Court Districts 12A or 12B. It has two judges.
(10) Judicial Superior Court
District 14A consists of Durham Precincts 9, 11, 12, 13, 14, 15, 18, 34,
40, 41, and 42, and that part of Durham Precinct 39 east of North Carolina
Highway #751. It has one judge.
(11) Judicial Superior Court
District 14B consists of the remainder of Durham County not in Judicial Superior
Court District 14A. It has three judges.
(12) Judicial Superior Court
District 18A consists of Greensboro Precincts 5, 6, 7, 8, 9, 19, 25, 29,
30, 44, and 45 and Clay and Fentress Precincts. It has one judge.
(13) Judicial Superior Court
District 18B consists of High Point Precincts 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 20, and 21, Deep River Precinct, and
Jamestown Precincts 1 and 3. It has one judge.
(14) Judicial Superior Court
District 18C consists of Greensboro Precincts 20, 27, 31, 32, 34, 37, 38,
39, and 43, High Point Precinct 19, Stokesdale, Oak Ridge, Bruce,
Friendship I, Friendship II, Jamestown II, South Center Grove, North Center
Grove, and North Monroe Precincts. It has one judge.
(15) Judicial Superior Court
District 18D consists of Greensboro Precincts 4, 11, 13, 14, 15, 16, 17,
18, 21, 22, 23, 24, 26, 36, and 42, and North and South Sumner Precincts.
It has one judge.
(16) Judicial Superior Court
District 18E consists of the remainder of Guilford County not in Judicial
Superior Court Districts 18A, 18B, 18C, or 18D. It has one judge.
(17) Judicial Superior Court
District 21A consists of the Southwest Ward of Winston-Salem, and Precincts
80-6, 80-7, 80-8, 3-1, 9-1, 13-1, 13-2, 13-3, 7-1, 7-2, 7-3, 5-1, 5-2, 5-3,
12-2, and 12-3. It has one judge.
(18) Judicial Superior Court
District 21B consists of the Northwest Ward, the South Ward, and the
Southeast Ward of Winston-Salem, and Precincts 4-1 and 4-2. It has one
judge.
(19) Judicial Superior Court
District 21C consists of Precincts 80-1, 80-2, 80-3, 80-4, 80-5, 80-9,
10-2, 10-3, 3-2, 3-3, 11-1, 11-2, 2-1, 6-1, 6-2, 6-3, 6-4, 1-1, 1-2, and 1-3.
It has one judge.
(20) Judicial Superior Court
District 21D consists of the North Ward, the Northeast Ward, and the East
Ward of Winston-Salem, and Precincts 8-2 and 8-3. It has one judge.
(21) Judicial Superior Court
District 26A consists of Charlotte Precincts 11, 12, 13, 14, 15, 16,
22, 23, 24, 25, 26, 27, 31, 33, 39, 41, 42, 46, 52, 54, 55, 56, 58, 60, 77, 78,
and 82, and Long Creek Precinct #2 of Mecklenburg County. It has two
judges.
(22) Judicial Superior Court
District 26B consists of Charlotte Precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
17, 18, 20, 21, 28, 29, 30, 32, 34, 35, 36, 37, 38, 43, 44, 45, 47, 51, 61, 62,
63, 65, 66, 67, 68, 69, 71, 74, 83, 84, and 86, Crab Orchard Precincts 1 and 2,
and Mallard Creek Precinct 1. It has two judges.
(23) Judicial Superior Court
District 26C consists of the remainder of Mecklenburg County not in Judicial
Superior Court Districts 26A or 26B. It has two judges.
(c) In subsection (b) above:
(1) The names and boundaries of townships are as they were legally defined and in effect as of January 1, 1980, and recognized in the 1980 U.S. Census;
(2) For Guilford County,
precinct boundaries are as shown on maps in use by the Guilford County Board of
Elections on April 15, 1987, ;
(3) For Mecklenburg, Wake,
and Durham Counties, precinct boundaries are as shown on the current maps in
use by the appropriate county board of elections as of January 31, 1984, in
accordance with G.S. 163-128(b); and
(4) For Wilson County,
commissioner districts are those in use for election of members of the county
board of commissioners as of January 1, 1987. ;
(5) For Cumberland County,
House District 17 is in accordance with the boundaries in effect on January 1,
1987. Precincts are in accordance with those as approved by the United
States Department of Justice on February 28, 1986. ; and
(6) For Forsyth County, the boundaries of Wards and precincts are those in effect on 'WARD MAP 1985', published November 1985 by the City of Winston-Salem and Forsyth County.
If any changes in precinct boundaries, wards, commissioner
districts, or House of Representative districts have been made since the dates
specified, or are made, those changes shall not change the boundaries of the judicial
superior court districts.
(d) The several judges, their terms of office, and their assignments to districts are as follows:
(1) In the first judicial
superior court district, J. Herbert Small and Thomas S. Watts serve
terms expiring December 31, 1994.
(2) In the second judicial
superior court district, William C. Griffin serves a term expiring
December 31, 1994.
(3) In the third-A judicial
superior court district, David E. Reid serves a term expiring
on December 31, 1992.
(4) In the third-B judicial
superior court district, Herbert O. Phillips, III, serves a term
expiring on December 31, 1994.
(5) In the fourth-A judicial
superior court district, Henry L. Stevens, III, serves a term
expiring December 31, 1994.
(6) In the fourth-B judicial
superior court district, James R. Strickland serves a term expiring
December 31, 1992.
(7) In the fifth judicial
superior court district, no election shall be held in 1992 for the
full term of the seat now occupied by Bradford Tillery, and the holder of that
seat shall serve until a successor is elected in 1994 and qualifies. The
succeeding term begins January 1, 1995. In the fifth judicial superior
court district, Napoleon B. Barefoot serves a term expiring December 31,
1994.
(8) In the sixth-A judicial
superior court district, Richard B. Allsbrook serves a term expiring
December 31, 1990.
(9) In the sixth-B judicial
superior court district, a judge shall be elected in 1988 to serve
an eight-year term beginning January 1, 1989.
(10) In the seventh-A judicial superior
court district, Charles B. Winberry, serves a term expiring December 31,
1994.
(11) In the seventh-B judicial superior
court district, a judge shall be elected in 1988 to serve an eight-year
term beginning January 1, 1989.
(12) In the seventh-C judicial superior
court district, Franklin R. Brown serves a term expiring December 31, 1990.
(13) In the eighth-A judicial superior
court district, James D. Llewellyn serves a term expiring December 31,
1994.
(14) In the eighth-B judicial superior
court district, Paul M. Wright serves a term expiring December 31, 1992.
(15) In the ninth judicial superior
court district, Robert H. Hobgood and Henry W. Hight, Jr., serve terms
expiring December 31, 1994.
(16) In the tenth-A judicial superior
court district, a judge shall be elected in 1988 to serve an eight-year
term beginning January 1, 1989.
(17) In the tenth-B judicial superior
court district, Robert L. Farmer serves a term expiring December 31,
1992. In the tenth-B judicial superior court district, no
election shall be held in 1990 for the full term of the seat now occupied by
Henry V. Barnette, Jr., and the holder of that seat shall serve until a
successor is elected in 1992 and qualifies. The succeeding term begins
January 1, 1993.
(18) In the tenth-C judicial superior
court district, Edwin S. Preston, serves a term expiring December 31, 1990.
In the tenth-D judicial superior court district, Donald Stephens
serves a term expiring December 31, 1988.
(19) In the eleventh judicial superior
court district, Wiley F. Bowen serves a term expiring December 31, 1990.
(20) In the twelfth-A judicial superior
court district, D.B. Herring, Jr., serves a term expiring December 31,
1990.
(21) In the twelfth-B judicial superior
court district, a judge shall be elected in 1988 to serve an eight-year
term beginning January 1, 1989.
(22) In the twelfth-C judicial superior
court district, no election shall be held in 1992 for the full term of the
seat now occupied by Coy E. Brewer, Jr., and the holder of that seat shall
serve until a successor is elected in 1994 and qualifies. The succeeding
term begins January 1, 1995. In the twelfth-C judicial superior
court district, E. Lynn Johnson serves a term expiring December 31, 1994.
(23) In the thirteenth judicial superior
court district, Giles R. Clark serves a term expiring December 31, 1994.
(24) In the fourteenth-A judicial superior
court district, a judge shall be elected in 1988 to serve an eight-year
term beginning January 1, 1989.
(25) In the fourteenth-B judicial superior
court district, no election shall be held in 1992 for the full term of the
seat now occupied by Anthony M. Brannon, and the holder of that seat shall
serve until a successor is elected in 1994 and qualifies. The succeeding
term begins July 1, 1995.
(26) In the fourteenth-B judicial superior
court district, no election shall be held in 1990 for the full term of the
seat now occupied by Thomas H. Lee, and the holder of that seat shall serve
until a successor is elected in 1994 and qualifies. The succeeding term
begins January 1, 1995. In the fourteenth-B judicial superior
court district, J. Milton Read, Jr., serves a term expiring December 31,
1994.
(27) In the fifteenth-A judicial superior
court district, J.B. Allen, Jr., serves a term expiring December 31, 1994.
(28) In the fifteenth-B judicial superior
court district, F. Gordon Battle serves a term expiring December 31, 1994.
(29) In the sixteenth-A judicial superior
court district, B. Craig Ellis serves a term expiring December 31, 1994.
(30) In the sixteenth-B judicial superior
court district, a judge shall be elected in 1988 to serve an eight-year
term beginning January 1, 1989.
(31) In the seventeenth-A judicial superior
court district, Melzer A. Morgan, Jr., serves a term expiring December 31,
1990.
(32) In the seventeenth-B judicial superior
court district, James M. Long serves a term expiring December 31,
1994.
(33) In the eighteenth-A judicial superior
court district, a judge shall be elected in 1988 to serve an eight-year
term beginning January 1, 1989.
(34) In the eighteenth-B judicial superior
court district, Edward K. Washington's term expired December 31, 1986, but
he is holding over because of a court order enjoining an election from being
held in 1986. A successor shall be elected in 1988 to serve an eight-year
term beginning January 1, 1989.
(35) In the eighteenth-C judicial superior
court district, W. Douglas Albright serves a term expiring December 31, 1990.
(36) In the eighteenth-D judicial superior
court district, Thomas W. Ross's term expired December 31, 1986, but he is
holding over because of a court order enjoining an election from being held in
1986. A successor shall be elected in 1988 to serve an eight-year term
beginning January 1, 1989.
(37) In the eighteenth-E judicial superior
court district, Joseph John's term expired December 31, 1986, but he is
holding over because of a court order enjoining an election from being held in
1986. A successor shall be elected in 1988 to serve an eight-year term
beginning January 1, 1989.
(38) In the nineteenth-A judicial superior
court district, James C. Davis serves a term expiring December 31, 1992.
(39) In the nineteenth-B judicial superior
court district, Russell G. Walker, Jr., serves a term expiring December 31,
1990.
(40) In the nineteenth-C judicial superior
court district, Thomas W. Seay, Jr., serves a term expiring December 31,
1990.
(41) In the twentieth-A judicial superior
court district, F. Fetzer Mills serves a term expiring December 31, 1992.
(42) In the twentieth-B judicial superior
court district, William H. Helms serves a term expiring December 31, 1990.
(43) In the twenty-first-A judicial
superior court district, William Z. Wood serves a term expiring
December 31, 1990.
(44) In the twenty-first-B judicial
superior court district, Judson D. DeRamus, Jr., serves a term
expiring December 31, 1988.
(45) In the twenty-first-C judicial
superior court district, William H. Freeman serves a term expiring
December 31, 1990.
(46) In the twenty-first-D judicial
superior court district, a judge shall be elected in 1988 to serve
an eight-year term beginning January 1, 1989.
(47) In the twenty-second judicial superior
court district, no election shall be held in 1992 for the full term of the
seat now occupied by Preston Cornelius, and the holder of that seat shall
serve until a successor is elected in 1994 and qualifies. The succeeding term
shall begin January 1, 1995. In the twenty-second judicial superior
court district, Robert A. Collier serves a term expiring December 31, 1994.
(48) In the twenty-third judicial superior
court district, Julius A. Rousseau, Jr., serves a term expiring December
31, 1990.
(49) In the twenty-fourth judicial superior
court district, Charles C. Lamm, Jr., serves a term expiring December 31,
1994.
(50) In the twenty-fifth-A judicial
superior court district, Claude S. Sitton serves a term expiring
December 31, 1994.
(51) In the twenty-fifth-B judicial
superior court district, Forrest A. Ferrell serves a term expiring
December 31, 1990.
(52) In the twenty-sixth-A judicial
superior court district, no election shall be held in 1994 for the
full term of the seat now occupied by W. Terry Sherrill, and the holder of that
seat shall serve until a successor is elected in 1996 and qualifies. The
succeeding term shall begin January 1, 1997. In the twenty-sixth-A judicial superior
court district, a judge shall be elected in 1988 to serve an eight-year
term beginning January 1, 1989.
(53) In the twenty-sixth-B judicial
superior court district, Frank W. Snepp, Jr., and Kenneth A. Griffin
serve terms expiring December 31, 1990.
(54) In the twenty-sixth-C judicial
superior court district, no election shall be held in 1992 for the
full term of the seat now occupied by Chase Boone Saunders, and the holder of
that seat shall serve until a successor is elected in 1994 and qualifies.
The succeeding term shall begin January 1, 1995. In the twenty-sixth-C judicial
superior court district, Robert M. Burroughs serves a term expiring
December 31, 1994.
(55) In the twenty-seventh-A judicial
superior court district, no election shall be held in 1988 for the
full term of the seat now occupied by Robert E. Gaines, and the holder of that
seat shall serve until a successor is elected in 1990 and qualifies. The
succeeding term begins January 1, 1991. In the twenty-seventh-A judicial
superior court district, Robert W. Kirby serves a term expiring
December 31, 1990.
(56) In the twenty-seventh-B judicial
superior court district, John M. Gardner serves a term expiring
December 31, 1994.
(57) In the twenty-eighth judicial superior
court district, Robert D. Lewis and C. Walter Allen serve terms expiring
December 31, 1990.
(58) In the twenty-ninth judicial superior
court district, Hollis M. Owens, Jr., serves a term expiring December 31,
1990.
(59) In the thirtieth-A judicial superior
court district, James U. Downs serves a term expiring December 31, 1990.
(60) In the thirtieth-B judicial superior
court district, Janet M. Hyatt serves a term expiring December 31, 1994.
(e) In a district having more than one regular resident
judge where the district consists of all of a county or all of several
counties, the judge who has the most continuous service on the superior court
is the senior regular resident superior court judge. If two judges are of equal
seniority, the oldest judge is the senior regular resident judge. In a
single-judge district, where the district consists of all of a county or all of
several counties, the single judge is the senior regular resident judge.
In any county where there is more than one judicial
district, but the districts include only territory from that county, then from
all of the districts in that county, the judge who has the most continuous
service on the superior court is the senior regular resident superior court
judge for all of those districts and for the county. If two judges are of equal
seniority, the oldest judge is the senior regular resident judge for all of
those districts and for the county.
In any county where there is more than one judicial
district, and the districts include part from that county, and part from
another county, then from all of the districts in both those counties, the
judge who has the most continuous service on the superior court is the senior
regular resident superior court judge for all of those districts and for both
counties. If two judges are of equal seniority, the oldest judge is the senior
regular resident judge for all of those districts and for both counties.
Senior regular resident judges and regular resident judges
possess equal judicial jurisdiction, power, authority and status, but all
duties placed by the Constitution or statutes on the resident judge of a
judicial district, including the appointment to and removal from office, which
are not related to a case, controversy or judicial proceeding and which do not
involve the exercise of judicial power, shall be discharged by the senior
regular resident judge. A senior regular resident superior court judge in a
multi-judge district, by notice in writing to the Administrative Officer of the
Courts, may decline to exercise the authority vested in him by this section, in
which event such authority shall be exercised by the regular resident judge
next senior in point of service or age, respectively.
In the event the senior regular resident judge of a
multi-judge district is unable, due to mental or physical incapacity, to
exercise the authority vested in him by the statute, and the Chief Justice, in
his discretion, has determined that such incapacity exists, the Chief Justice
shall appoint an acting senior regular resident judge from the other regular resident
judges of the district, to exercise, temporarily, the authority of the senior
regular resident judge; provided that in any county where there is more than
one judicial district, the appointment may be made of any of the other regular
resident judges of any district in that county. Such appointee shall serve at
the pleasure of the Chief Justice and until his temporary appointment is
vacated by appropriate order."
Sec. 2. Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A-41.1. District and set of districts defined; senior resident superior court judges and their authority.-(a) In this section and in any other law which refers to this section:
(1) 'District' means any superior court district established by G.S. 7A-41 which consists exclusively of one or more entire counties;
(2) 'Set of districts' means any set of two or more superior court districts established under G.S. 7A-41, none of which consists exclusively of one or more entire counties, but both or all of which include territory from the same county or counties and together comprise all of the territory of that county or those counties;
(3) 'Regular resident superior court judge of the district or set of districts' means a regular superior court judge who is a resident judge of any of the superior court districts established under G.S. 7A-41 which comprise or are included in a district or set of districts as defined herein.
(b) There shall be one and only one senior resident superior court judge for each district or set of districts as defined in subsection (a) of this section, who shall be:
(1) Where there is only one regular resident superior court judge for the district, that judge; and
(2) Where there are two or more regular resident superior court judges for the district or set of districts, the judge who, from among all the regular resident superior court judges of the district or set of districts, has the most continuous service as a regular resident superior court judge; provided if two or more judges are of equal seniority, the oldest of those judges shall be the senior regular resident superior court judge.
(c) Senior resident superior court judges and regular resident superior court judges possess equal judicial jurisdiction, power, authority and status, but all duties placed by the Constitution or statutes on the resident judge of a superior court district, including the appointment to and removal from office, which are not related to a case, controversy or judicial proceeding and which do not involve the exercise of judicial power, shall be discharged, throughout a district as defined in subsection (a) of this section or throughout all of the districts comprising a set of districts so defined, for each county in that district or set of districts, by the senior resident superior court judge for that district or set of districts. That senior resident superior court judge alone among the superior court judges of that district or set of districts shall receive the salary and benefits of a senior resident superior court judge.
(d) A senior resident superior court judge for a district or set of districts as defined in subsection (a) of this section with two or more regular resident superior court judges, by notice in writing to the Administrative Officer of the Courts, may decline to exercise the authority vested in him by this section, in which event such authority shall be exercised by the regular resident superior court judge who, among the other regular resident superior court judges of the district or set of districts, is next senior in point of service or age, respectively.
(e) In the event a senior resident superior court judge for a district or set of districts with one or more regular resident superior court judges is unable, due to mental or physical incapacity, to exercise the authority vested in him by the statute, and the Chief Justice, in his discretion, has determined that such incapacity exists, the Chief Justice shall appoint an acting senior regular resident superior court judge from the other regular resident judges of the district or set of districts, to exercise, temporarily, the authority of the senior regular resident judge. Such appointee shall serve at the pleasure of the Chief Justice and until his temporary appointment is vacated by appropriate order."
Sec. 2.1. G.S. 7A-42 is amended by adding at the end thereof a new section to read as follows:
"(i) Notwithstanding the provisions of this section, when exigent circumstances exist, sessions of superior court may be conducted at a location outside a county seat by order of the Senior Resident Superior Court Judge of a county, with the prior approval of the location and the facilities by the Administrative Office of the Courts and after consultation with the Clerk of Superior Court and county officials of the county. An order entered under this subsection shall be filed in the office of the Clerk of Superior Court in the county and posted at the courthouse within the county seat and notice shall be posted in other conspicuous locations. The order shall be limited to such session or sessions as are approved by the Chief Justice of the Supreme Court of North Carolina."
Sec. 3. G.S. 7A-44.1 reads as rewritten:
"§ 7A-44.1. Secretarial and
clerical help.-The senior regular superior
court judge of each judicial district is authorized to Each senior resident superior court judge may appoint a judicial secretary to serve at his
pleasure and under his direction the secretarial and clerical needs of the
superior court judges of the district or set of districts as defined by G.S.
7A-41.1(a) for which he is the senior resident superior court judge under
the direction of the senior regular resident superior court judge. The
appointment may be full- or part-time and the compensation and allowances of
such secretary shall be fixed by the senior regular resident superior court
judge, within limits determined by the Administrative Office of the Courts, and
paid by the State."
Sec. 4. Effective until its repeal under Section 7 of Chapter 509, Session Laws of 1987, G.S. 7A-45 reads as rewritten:
"§ 7A-45. Special judges; appointment; removal; vacancies; authority. - (a) The Governor may appoint eight special superior court judges except as provided by this subsection. A special judge takes the same oath of office and is subject to the same requirements and disabilities as is or may be prescribed by law for regular judges of the superior court, save the requirement of residence in a particular district. Initial appointments made under this section shall be to terms of office beginning July 1, 1967, and expiring June 30, 1971. As the terms expire, the Governor may appoint successors for terms of four years each, except that terms beginning July 1, 1987, shall expire December 31, 1988; provided that if any judge serving as a special superior court judge on December 31, 1988, is to become first eligible for service retirement under G.S. 135-57 between December 31, 1988, and July 1, 1989, the term of that judge shall expire on that eligibility date, and except that if any special superior court judge who is holding office on June 30, 1987, has five years of membership service under G.S. 135-53(12) on that date, or will have three years of such service on or before December 1, 1987 if continued in office, the term of office of that judge is extended through December 31, 1988. All incumbents shall continue in office until their successors are appointed and qualify.
(b) A special judge is subject to removal from office for the same causes and in the same manner as a regular judge of the superior court, and a vacancy occurring in the office of special judge is filled by the Governor by appointment for the unexpired term.
(c) A special judge, in
any court in which he is duly appointed to hold, has the same power and
authority in all matters whatsoever that a regular judge holding the same court
would have. A special judge, duly assigned to hold the court of a particular
county, has during the session of court in that county, in open court and in
chambers, the same power and authority of a regular judge in all matters
whatsoever arising in that judicial district the district or
set of districts as defined in G.S. 7A-41.1(a) in which that county is located,
that could properly be heard or determined by a regular judge holding the
same session of court.
(d) A special judge is authorized to settle cases on appeal and to make all proper orders in regard thereto after the time for which he was commissioned has expired."
Sec. 5. G.S. 7A-45.1 reads as rewritten:
"§ 7A-45.1. Special judges. - (a) The Governor may appoint two special superior court judges. A special judge takes the same oath of office and is subject to the same requirements and disabilities as are or may be prescribed by law for regular judges of the superior court, save the requirement of residence in a particular district. Appointments made under this section shall be to terms of office beginning August 1, 1987, and expiring December 31, 1990.
(b) A special judge is subject to removal from office for the same causes and in the same manner as a regular judge of the superior court, and a vacancy occurring in the office of special judge is filled by the Governor by appointment for the unexpired term.
(c) A special judge, in
any court in which he is duly appointed to hold, has the same power and
authority in all matters that a regular judge holding the same court would
have. A special judge, duly assigned to hold the court of a particular county,
has during the session of court in that county, in open court and in chambers,
the same power and authority of a regular judge in all matters arising in that
judicial district the district or set of districts as defined in
G.S. 7A-41.1(a) in which that county is located, that could properly be
heard or determined by a regular judge holding the same session of court.
(d) A special judge is authorized to settle cases on appeal and to make all proper orders in regard thereto after the time for which he was commissioned has expired."
Sec. 6. G.S. 7A-47 reads as rewritten:
"§ 7A-47. Powers of regular judges holding courts by assignment or exchange. - A regular superior court judge, duly assigned to hold the courts of a county, or holding such courts by exchange, shall have the same powers in the district or set of districts as defined in G.S. 7A-41.1(a) in which that county is located, in open court and in chambers as the resident judge or any judge regularly assigned to hold the courts of the district or set of districts as defined in G.S. 7A-41.1(a) has, and his jurisdiction in chambers shall extend until the session is adjourned or the session expires by operation of law, whichever is later."
Sec. 7. G.S. 7A-47.1 reads as rewritten:
"§ 7A-47.1. Jurisdiction in
vacation or in session.-In any case in which
the superior court in vacation has jurisdiction, and all the parties unite in
the proceedings, they may apply for relief to the superior court in vacation,
or during a session of court, at their election. The resident judge of the
judicial district Any regular resident superior court judge of the
district or set of districts as defined in G.S. 7A-41.1(a) and any special
superior court judge residing in the district or set of districts and
the judge regularly presiding over the courts of the district or set of
districts have concurrent jurisdiction throughout the district or set of
districts in all matters and proceedings in which the superior court has
jurisdiction out of session; provided, that in all matters and proceedings not
requiring a jury or in which a jury is waived, the resident judge of the
district any regular resident superior court judge of the district or
set of districts and any special superior court judge residing in the
district or set of districts shall have concurrent jurisdiction throughout
the district or set of districts with the judge holding the courts of the
district or set of districts and the resident judge and any any
such regular or special superior court judge, residing in the
district in the exercise of such concurrent jurisdiction, may hear
and pass upon such matters and proceedings in vacation, out of session or
during a session of court."
Sec. 8. G.S. 7A-47.2 is repealed.
Sec. 9. G.S. 7A-47.3 reads as rewritten:
"§ 7A-47.3. Assignment of judges in
certain districts. Rotation and assignment; sessions.-When a county is divided into more than one
district, and judges are assigned to hold court, assignments shall be made for
the county as a whole, for the superior court of that county (a) To effect the intent of Article IV, Section 11
of the North Carolina Constitution, each regular resident superior court judge
may, upon each rotation, be assigned to hold the courts either of one of the
districts or of one of the sets of districts, as defined in G.S. 7A-41.1(a), in
that judge's judicial division.
(b) All sessions of superior court shall be for an entire county, whether that county comprises or is located in a district or in a set of districts as defined in G.S. 7A-41.1(a), and at each session all matters and proceedings arising anywhere in the county shall be heard."
Sec. 10. G.S. 7A-48 reads as rewritten:
"§ 7A-48. Jurisdiction of
emergency judges. - Emergency superior court judges
have the same power and authority in all matters whatsoever, in the courts
which they are assigned to hold, that regular judges holding the same courts
would have. An emergency judge duly assigned to hold the courts of a county or judicial
district or set of districts as defined in G.S. 7A-41.1(a) has the
same powers in the district that county and district or set of
districts in open court and in chambers as the resident judge a
resident judge of the district or set of districts or any judge regularly
assigned to hold the courts of the district or set of districts would
have, but his jurisdiction in chambers extends only until the session is
adjourned or the session expires by operation of law, whichever is later."
Sec. 11. G.S. 7A-49.1 reads as rewritten:
"§ 7A-49.1. Disposition of motions
when judge disqualified. - Whenever a judge
before whom a motion is made, either in open court or in chambers, disqualifies
himself from determining it, he may in his discretion refer the motion for
disposition to the resident judge a regular resident superior court
judge of, or any judge regularly holding the courts of, the district
or set of districts as defined in G.S. 7A-41.1(a) in which the county in
which the cause arose is located, or of any adjoining district or set of
districts, who shall have full power and authority to hear and determine
the motion in the same manner as if he were the presiding judge of the
district in which the cause arose a session of superior court for that
county."
Sec. 12. G.S. 7A-61 reads as rewritten:
"§ 7A-61. Duties of district attorney. - The district attorney shall prepare the trial dockets, prosecute in the name of the State all criminal actions and infractions requiring prosecution in the superior and district courts of his prosecutorial district, advise the officers of justice in his district, and perform such duties related to appeals to the Appellate Division from his district as the Attorney General may require. Effective January 1, 1971, the district attorney shall also represent the State in juvenile cases in which the juvenile is represented by an attorney. Each district attorney shall devote his full time to the duties of his office and shall not engage in the private practice of law."
Sec. 13. G.S. 7A-66 reads as rewritten:
"§ 7A-66. Removal of district attorneys.-The following are grounds for suspension of a district attorney or for his removal from office:
(1) Mental or physical incapacity interfering with the performance of his duties which is, or is likely to become, permanent;
(2) Willful misconduct in office;
(3) Willful and persistent failure to perform his duties;
(4) Habitual intemperance;
(5) Conviction of a crime involving moral turpitude;
(6) Conduct prejudicial to the administration of justice which brings the office into disrepute; or
(7) Knowingly authorizing or permitting an assistant district attorney to commit any act constituting grounds for removal, as defined in subdivisions (1) through (6) hereof.
A proceeding to suspend or remove a district attorney is
commenced by filing with the clerk of superior court of the county where the
district attorney resides a sworn affidavit charging the district attorney with
one or more grounds for removal. The clerk shall immediately bring the matter
to the attention of the senior regular resident superior court judge for the
district or set of districts as defined in G.S. 7A-41.1(a) in which the
county is located who shall within 30 days either review and act on the
charges or refer them for review and action within 30 days to another superior
court judge residing in or regularly holding the courts of the that district
or set of districts. If the superior court judge upon review finds that
the charges if true constitute grounds for suspension, and finds probable cause
for believing that the charges are true, he may enter an order suspending the
district attorney from performing the duties of his office until a final
determination of the charges on the merits. During the suspension the salary of
the district attorney continues. If the superior court judge finds that the
charges if true do not constitute grounds for suspension or finds that no
probable cause exists for believing that the charges are true, he shall dismiss
the proceeding.
If a hearing, with or without suspension, is ordered, the
district attorney should receive immediate written notice of the proceedings
and a true copy of the charges, and the matter shall be set for hearing not
less than 10 days nor more than 30 days thereafter. The matter shall be set for
hearing before the judge who originally examined the charges or before another
regular superior court judge resident in or regularly holding the courts of the
that district or set of districts. The hearing shall be open
to the public. All testimony shall be recorded. At the hearing the superior
court judge shall hear evidence and make findings of fact and conclusions of
law and if he finds that grounds for removal exist, he shall enter an order
permanently removing the district attorney from office, and terminating his
salary. If he finds that no grounds exist, he shall terminate the suspension,
if any.
The district attorney may appeal from an order of removal to the Court of Appeals on the basis of error of law by the superior court judge. Pending decision of the case on appeal, the district attorney shall not perform any of the duties of his office. If, upon final determination, he is ordered reinstated either by the appellate division or by the superior court upon remand his salary shall be restored from the date of the original order of removal."
Sec. 14. G.S. 7A-95 reads as rewritten:
"§ 7A-95. Reporting of trials.-(a) Court reporting personnel shall be utilized if available, for the reporting of trials in the superior court. If court reporters are not available in any county, electronic or other mechanical devices shall be provided by the Administrative Office of the Courts upon the request of the senior regular resident superior court judge.
(b) The Administrative Office of the Courts shall from time to time investigate the state of the art and techniques of recording testimony, and shall provide such electronic or mechanical devices as are found to be most efficient for this purpose.
(c) If an electronic or other mechanical device is utilized, it shall be the duty of the clerk of the superior court or some person designated by the clerk to operate the device while a trial is in progress, and the clerk shall thereafter preserve the record thus produced, which may be transcribed, as required, by any person designated by the Administrative Office of the Courts. If stenotype, shorthand, or stenomask equipment is used, the original tapes, notes, discs or other records are the property of the State, and the clerk shall keep them in his custody.
(d) Reporting of any trial may be waived by consent of the parties.
(e) Appointment of a reporter or reporters for superior court proceedings in each district or set of districts as defined in G.S. 7A-41.1(a) shall be made by the senior regular resident superior court judge of that district or set of districts. The compensation and allowances of reporters in each such district or set of districts shall be fixed by the senior regular resident superior court judge, within limits determined by the Administrative Officer of the Courts, and paid by the State."
Sec. 15. G.S. 7A-104 reads as rewritten:
"§ 7A-104. Disqualification; waiver; removal; when judge acts. - (a) The clerk shall not exercise any judicial powers in relation to any estate, proceeding, or civil action:
(1) If he has, or claims to have, an interest by distribution, by will, or as creditor or otherwise;
(2) If he is so related to any person having or claiming such an interest that he would, by reason of such relationship, be disqualified as a juror, but the disqualification on this ground ceases unless the objection is made at the first hearing of the matter before him;
(3) If clerk or the clerk's spouse is a party or a subscribing witness to any deed of conveyance, testamentary paper or nuncupative will, but this disqualification ceases when such deed, testamentary paper, or will has been finally admitted to probate by another clerk, or before the judge of the superior court;
(4) If clerk or the clerk's spouse is named as executor or trustee in any testamentary or other paper, but this disqualification ceases when the will or other paper is finally admitted to probate by another clerk, or before the judge of the superior court. The clerk may renounce the executorship and endorse the renunciation on the will or on some paper attached thereto, before it is propounded for probate, in which case the renunciation must be recorded with the will if it is admitted to probate.
The parties may waive the disqualification specified in subdivisions (1), (2), and (3) of this subsection, and upon the filing of such written waiver, the clerk shall act as in other cases.
(b) When any of the disqualifications
specified in this section exist, and there is no waiver thereof, or when there
is no renunciation under subdivision (a)(4), of this section, any party in
interest may apply to the resident or presiding superior court judge a
superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S.
7A-48 in that county, for an order to remove the proceedings to the clerk
of superior court of an adjoining county in the same district or set
of districts; or he may apply to the judge to make either in vacation or
during a session of court all necessary orders and judgments in any proceeding
in which the clerk is disqualified, and the judge in such cases is hereby
authorized to make any and all necessary orders and judgments as if he had the
same original jurisdiction as the clerk over such proceedings.
(c) In any case in which
the clerk of the superior court is executor, administrator, collector, or
guardian of an estate at the time of his election or appointment to office, in
order to enable him to settle such estate, the resident or presiding judge
of the superior court is empowered to a superior court judge who
has jurisdiction pursuant to G.S. 7A-47.1 or G.S. 7A-48 in that county may make
such orders as may be necessary in the settlement of the estate; and he may
audit the accounts or appoint a commissioner to audit the accounts of such
executor or administrator, and report to him for his approval, and when the
accounts are so approved, the judge shall order the proper records to be made
by the clerk."
Sec. 16. G.S. 7A-142 reads as rewritten:
"§ 7A-142. Vacancies in office. - A vacancy in the office of district judge shall be
filled for the unexpired term by appointment of the Governor from nominations
submitted by the bar of the judicial district relevant district bar
as defined by G.S. 84-19. If the district court judge was elected as the
nominee of a political party, then the district bar shall submit to the
Governor the names of three persons who are residents of the district court district
who are duly authorized to practice law in the district and who are members of
the same political party as the vacating judge; provided that if there are not
three persons who are available, the bar shall submit the names of two persons
who meet the qualifications of this sentence. Within 60 days after the district
bar submits nominations for a vacancy, the Governor shall appoint to fill the
vacancy. If the district bar fails to submit nominations within 30 days from
the date the vacancy occurs, the Governor may appoint to fill the vacancy
without waiting for nominations."
Sec. 17. G.S. 7A-171 reads as rewritten:
"§ 7A-171. Numbers; appointment and terms; vacancies. - (a) The General Assembly shall establish a minimum and a maximum quota of magistrates for each county. In no county shall the minimum quota be less than one.
(b) Not earlier than the
Tuesday after the first Monday nor later than the third Monday in December of
each even-numbered year, the clerk of the superior court shall submit to the
senior regular resident superior court judge of his district the
district or set of districts as defined in G.S. 7A-41.1(a)in which his county
is located the names of two (or more, if requested by the judge) nominees
for each magisterial office in the minimum quota established for the county.
Not later than the fourth Monday in December, the senior regular resident
superior court judge shall, from the nominations submitted by the clerk of the superior
court, appoint magistrates to fill the minimum quota established for each
county of his district or set of districts. The term of a magistrate so
appointed shall be two years, commencing on the first day in January of the
calendar year next ensuing the calendar year of appointment.
(c) After the biennial
appointment of the minimum quota of magistrates, additional magistrates in a
number not to exceed, in total, the maximum quota established for each county
may be appointed in the following manner. The chief district judge for the
district court district in which the county is located, with the approval
of the Administrative Officer of the Courts, may certify to the clerk of
superior court that the minimum quota is insufficient for the efficient administration
of justice and that a specified additional number, not to exceed the maximum
quota established for the county, is required. Within 15 days after the receipt
of this certification the clerk of superior court shall submit to the senior
regular resident superior court judge of his district the district or
set of districts as defined in G.S. 7A-41.1(a) in which his county is located the
names of two (or more, if requested by the judge) nominees for each additional
magisterial office. Within 15 days after receipt of the nominations the senior
regular resident superior court judge shall from the nominations submitted
appoint magistrates in the number specified in the certification. A magistrate
so appointed shall serve a term commencing immediately and expiring on the same
day as the terms of office of magistrates appointed to fill the minimum quota
for the county.
(d) Within 30 days after a vacancy in the office of magistrate occurs the clerk of superior court shall submit to the senior regular resident superior court judge the names of two (or more, if so requested by the judge) nominees for the office vacated. Within 15 days after receipt of the nominations the senior regular resident superior court judge shall appoint from the nominations received a magistrate who shall take office immediately and shall serve for the remainder of the unexpired term."
Sec. 18. G.S. 7A-173 reads as rewritten:
"§ 7A-173. Suspension; removal;
reinstatement. - (a) A magistrate may be
suspended from performing the duties of his office by the chief district judge of
the district court district in which his county is located, or removal removed
from office by the senior regular resident superior court judge of, or
any regular superior court judge holding court in, the district or
set of districts as defined in G.S. 7A-41.1(a) in which the county is located.
Grounds for suspension or removal are the same as for a judge of the General
Court of Justice.
(b) Suspension from performing the duties of the office may be ordered upon filing of sworn written charges in the office of clerk of superior court for the county in which the magistrate resides. If the chief district judge, upon examination of the sworn charges, finds that the charges, if true, constitute grounds for removal, he may enter an order suspending the magistrate from performing the duties of his office until a final determination of the charges on the merits. During suspension the salary of the magistrate continues.
(c) If a hearing, with or without suspension, is ordered, the magistrate against whom the charges have been made shall be given immediate written notice of the proceedings and a true copy of the charges, and the matter shall be set by the chief district judge for hearing before the senior regular resident superior court judge or a regular superior court judge holding court in the district or set of districts as defined in G.S. 7A-41.1(a) in which the county is located. The hearing shall be held in a county within the district or set of districts not less than 10 days nor more than 30 days after the magistrate has received a copy of the charges. The hearing shall be open to the public. All testimony offered shall be recorded. At the hearing the superior court judge shall receive evidence, and make findings of fact and conclusions of law. If he finds that grounds for removal exist, he shall enter an order permanently removing the magistrate from office, and terminating his salary. If he finds that no such grounds exist, he shall terminate the suspension, if any.
(d) A magistrate may appeal from an order of removal to the Court of Appeals on the basis of error of law by the superior court judge. Pending decision of the case on appeal, the magistrate shall not perform any of the duties of his office. If, upon final determination, he is ordered reinstated, either by the appellate division or by the superior court on remand, his salary shall be restored from the date of the original order of removal."
Sec. 19. G.S. 7A-198 reads as rewritten:
"§ 7A-198. Reporting of civil trials. - (a) Court-reporting personnel shall be utilized, if available, for the reporting of civil trials in the district court. If court reporters are not available in any county, electronic or other mechanical devices shall be provided by the Administrative Office of the Courts upon request of the chief district judge.
(b) The Administrative Office of the Courts shall from time to time investigate the state of the art and techniques of recording testimony, and shall provide such electronic or mechanical devices as are found to be most efficient for this purpose.
(c) If an electronic or other mechanical device is utilized, it shall be the duty of the clerk of the superior court or some other person designated by him to operate the device while a trial is in progress, and the clerk shall thereafter preserve the record thus produced, which may be transcribed, as required, by any person designated by the Administrative Office of the Courts. if stenotype, shorthand, or stenomask equipment is used, the original tapes, notes, discs, or other records are the property of the State, and the clerk shall keep them in his custody.
(d) Reporting of any trial may be waived by consent of the parties.
(e) Reporting will not be provided in trials before magistrates or in hearings to adjudicate and dispose of infractions in the district court.
(f) Appointment of a reporter or reporters for district court proceedings in each district court district shall be made by the chief district judge for that district. The compensation and allowances of reporters in each district shall be fixed by the chief district judge, within limits determined by the Administrative Officer of the Courts, and paid by the State."
Sec. 20. G.S. 7A-258(b) reads as rewritten:
"(b) A motion to transfer
is filed in the action or proceeding sought to be transferred, but it is heard
and determined by a judge of the superior court division whether the case is
pending in that division or not. A regular resident superior court judge
of who has jurisdiction under G.S. 7A-47.1 or G.S. 7A-48 in the
district or set of districts as defined in G.S. 7A-41.1(a) in which the
county in which the action or proceeding is pending is located,
any special superior court judge residing in the district, or any
superior court judge presiding over any courts of the district may hear and
determine such motion. The motion is heard and determined in a county within
the that district or set of districts, except by consent
of the parties."
Sec. 21. G.S. 7A-289.2 reads as rewritten:
"§ 7A-289.2. Definitions. - The terms or phrases used in this Article shall be defined according to the definitions contained in G.S. 7A-517 and as follows, unless the context or subject matter otherwise requires:
(1) 'Administrator' is the Administrator for Juvenile Services in the Administrative Office of the Courts who is responsible for planning, organizing and administering a statewide system of juvenile probation and aftercare services as authorized by this Article.
(2) 'Aftercare' means the legal status of a child who has been committed by the court to the Department of Correction for placement by said agency in one or more of its institutions or programs and who is being granted conditional release to return to the community as authorized by G.S. 7A-655.
(3) 'Chief court
counselor' is the professional person responsible for administration and
supervision of juvenile probation and aftercare in each judicial district
court district under the supervision of the court and the Administrator for
Juvenile Services.
(4) 'Court counselor' is
a professional person responsible for juvenile probation and aftercare services
to children on probation or on conditional release from the Office of Youth
Development, Department of Social Rehabilitation and Control Division of
Youth Services, Department of Human Resources under the supervision of the
chief court counselor.
(5) 'Director' is the Director of the Administrative Office of the Courts.
(6) 'Division' is the Division of Juvenile Services to administer juvenile probation and aftercare services to juveniles as authorized by this Article.
(7) 'Probation' means the legal status of a child who is delinquent or undisciplined and is placed on probation as authorized by G.S. 7A-649(8) under conditions of probation related to the needs of the child as authorized in that statute."
Sec. 22. G.S. 7A-289.3 reads as rewritten:
"§ 7A-289.3. Division of Juvenile
Services. - A Division of Juvenile Services is
hereby created within the Administrative Office of the Courts to be responsible
for administration of a statewide and uniform system of juvenile probation and
aftercare services in all judicial district court districts
of the State. The administrative head of the Division shall be the
Administrator for Juvenile Services who shall be appointed by the
Director. The Administrator shall be responsible for planning, organizing
and administering juvenile probation and aftercare services on a statewide
basis to the end that juvenile services will be uniform throughout the State
and of sufficient quality to meet the needs of the children under
supervision."
Sec. 23. G.S. 7A-289.4 reads as rewritten:
"§ 7A-289.4. Duties and powers of Administrator. - The Administrator shall have the following powers and duties under the supervision of the Director:
(1) To plan for a statewide program of juvenile probation and aftercare services;
(2) To appoint such personnel within the Administrative Office of the Courts as may be necessary to administer a statewide and uniform system of juvenile probation and aftercare;
(3) To appoint the chief
court counselor in each judicial district court district with the
approval of the chief district judge of that district and the Director;
(4) To study the various issues related to qualifications, salary ranges, appointment of personnel on a merit basis (including chief court counselors, court counselors, secretaries and other appropriate personnel) at the State and district levels in order to recommend appropriate policies and procedures governing personnel to the Director who may adopt such personnel policies as he finds to be in the best interest of the juvenile services program;
(5) To develop a statewide plan for staff development and training so that chief court counselors, court counselors and other personnel responsible for juvenile services may be appropriately trained and qualified; such plan may include attendance at appropriate professional meetings and opportunities for educational leave for academic study;
(6) To develop, promulgate and enforce such policies, procedures, rules and regulations as he may find necessary and appropriate to implement a statewide and uniform program of juvenile probation and aftercare services."
Sec. 24. G.S. 7A-289.5 reads as rewritten:
"§ 7A-289.5. Duties and powers of
chief court counselors.-The chief court
counselor in each judicial district court district who is
appointed as provided by this Article shall have the following powers and
duties:
(1) To appoint such court counselors, secretaries and other personnel as may be authorized by the Administrative Office of the Courts with the approval of the Administrator in accordance with the personnel policies adopted by the Director.
(2) To supervise and direct the program of juvenile probation and aftercare services within the district court district under the supervision of the court and the Administrator according to the statewide practices and procedures promulgated by the Administrator.
(3) To provide in-service training for staff as required by the Administrator.
(4) To keep such records and make such reports as may be requested by the Administrator in order to provide statewide data and information about juvenile needs and services."
Sec. 25. G.S. 7A-289.6 reads as rewritten:
"§ 7A-289.6. Duties and powers of court counselors. - The court counselors in each district court district shall have the duties and powers of juvenile probation officers as provided by G.S. 110-23 and as follows:
(1) To conduct a prehearing social study of any child alleged to be delinquent or undisciplined, provided that no social study shall be made prior to an adjudication that the child is within the juvenile jurisdiction of the court unless the child and his parent or attorney or guardian or custodian files a written statement with the court counselor granting permission and giving consent to such prehearing social study; when such a prehearing social study has been completed, the court counselor shall prepare a written report for the court summarizing the findings which shall contain recommendations as to the type of care and/or treatment needed by the child and which shall be in the form developed by the Administrator for such reports.
(2) To assist the court in handling cases where a child alleged or adjudicated delinquent or undisciplined needs detention care prior to the juvenile hearing, or after a hearing to determine the need for detention, or pending admission of the child to an institution or other residential program.
(3) To bring any child on probation to the attention of the court for review and termination when the child's period of probation is ended as provided by G.S. 7A-658; the counselor may also recommend termination of probation prior to the end of the child's period of probation when such a recommendation is merited by the progress and adjustment of the child.
(4) To assist the court as requested in matters related to children within the juvenile jurisdiction of the court as undisciplined, dependent or neglected or within the Interstate Compact on Juveniles. This provision shall not be construed, however, to deprive the Department of Social Services of the functions assigned to it by law in the area of dependent or neglected children."
Sec. 26. G.S. 7A-344 reads as rewritten:
"§ 7A-344. Special duties of Director concerning representation of indigent persons. - In addition to the duties prescribed in G.S. 7A-343, the Director shall also:
(1) Supervise and coordinate the operation of the laws and regulations concerning the assignment of legal counsel for indigent persons under Subchapter IX of this Chapter to the end that all indigent persons are adequately represented;
(2) Advise and cooperate with the offices of the public defenders as needed to achieve maximum effectiveness in the discharge of the defender's responsibilities;
(3) Collect data on the operation of the assigned counsel and the public defender systems, and make such recommendations to the General Assembly for improvement in the operation of these systems as appear to him to be appropriate; and
(4) Accept and utilize
federal or private funds, as available, to improve defense services for the
indigent, including indigent juveniles alleged to be delinquent or
undisciplined. To facilitate processing of juvenile cases, the administrative
officer is further authorized, in any judicial district court district,
with the approval of the chief district court judge, to engage the services of
a particular attorney or attorneys to provide specialized representation on a
full-time or part-time basis."
Sec. 27. G.S. 7A-355 reads as rewritten:
"§ 7A-355. Trial court
administrators. - The following judicial districts
or sets of districts as defined in G.S. 7A-41.1(a) shall have trial
court administrators: tenth, twenty-second, and twenty-eighth Set of
districts 10A, 10B, 10C, 10D; District 22 and District 28, and such other judicial
districts or sets of districts as may be designated by the
Administrative Office of the Courts."
Sec. 28. G.S. 7A-356 reads as rewritten:
"§ 7A-356. Duties. - The duties of the each trial court
administrator shall be to assist the judges of the judicial districts in
managing the civil docket, dockets, to improve jury
utilization and to perform such duties as may be assigned by the senior
resident superior court judge of his district or set of districts as defined
in G.S. 7A-41.1(a) or by other judges designated by the that senior
resident superior court judge."
Sec. 29. G.S. 7A-452 reads as rewritten:
"§ 7A-452. Source of counsel;
fees; appellate records. - (a) Counsel for an
indigent person shall be assigned by the court. In those districts the
courts of those counties which have a public defender, however, the public
defender may tentatively assign himself or an assistant public defender to
represent an indigent person, subject to subsequent approval by the court.
(b) Fees of assigned counsel and salaries and other operating expenses of the offices of the public defenders shall be borne by the State.
(c) (1) The clerk of superior court is authorized to make a determination of indigency and to appoint counsel, as authorized by this Article. The word 'court,' as it is used in this Article and in any rules pursuant to this Article, includes the clerk of superior court.
(2) A judge of superior or district court having authority to appoint counsel in a particular case may give directions to the clerk with regard to the appointment of counsel in that case; may, if he finds it appropriate, change or modify the appointment of counsel when counsel has been appointed by the clerk; and may set aside a finding of waiver of counsel made by the clerk.
(d) Unless a public defender or assistant public defender is appointed to serve, the trial judge appointing standby counsel under G.S. 15A-1243 shall award reasonable compensation to be paid by the State."
Sec. 30. G.S. 7A-453 reads as rewritten:
"§ 7A-453. Duty of custodian of a
possibly indigent person; determination of indigency. - (a) In districts counties which have a public defender,
the authority having custody of a person who is without counsel for more than
48 hours after being taken into custody shall so inform the public defender.
The public defender shall make a preliminary determination as to the person's
entitlement to his services, and proceed accordingly. The court shall make the
final determination.
(b) In districts counties
which do not have a public defender, the authority having custody of a
person who is without counsel for more than 48 hours after being taken into
custody shall so inform the clerk of superior court.
(c) In any district county,
if a defendant, upon being taken into custody, states that he is indigent and
desires counsel, the authority having custody shall immediately inform the defender
or the clerk of superior court, as the case may be, who shall take action as
provided in this Article.
(d) The duties imposed by this section upon authorities having custody of persons who may be indigent are in addition to the duties imposed upon arresting officers under G.S. 15-47.
Sec. 31. G.S. 7A-459 reads as rewritten:
"§ 7A-459. Implementing regulations by
State Bar Council. - In districts counties
which do not have a public defender, the North Carolina State Bar Council
shall make rules and regulations consistent with this Article relating
to the manner and method of assigning counsel, the procedure for the
determination of indigency, the waiver of counsel, the adoption and approval of
plans by any district bar as defined in G.S. 84-19 regarding the method
of assignment of counsel among the licensed attorneys of the district bar district,
and such other matters as shall provide for the protection of the
constitutional rights of all indigent persons and the reasonable allocation of
responsibility for the representation of indigent persons among the licensed
attorneys of this State. Such rules and regulations shall not become effective
until certified to and approved by the Supreme Court of North Carolina."
Sec. 32. G.S. 7A-489 reads as rewritten:
"§ 7A-489. Office of Guardian Ad
Litem Services established. - There is
established within the Administrative Office of the Courts an Office of
Guardian Ad Litem Services to provide services in accordance with G.S. 7A-586
to abused and neglected juveniles involved in judicial proceedings, and to
assure that all participants in these proceedings are adequately trained to
carry out their responsibilities. Beginning on July 15, 1983, and ending July
1, 1987, the Administrative Office of the Courts shall establish in phases a
statewide guardian ad litem program comprised of local district programs
to be established in all judicial district court districts of the
State. Each local district program shall consist of volunteer guardians
ad litem, at least one program attorney, a program coordinator who is a paid
State employee, and such clerical staff as the Administrative Office of the
Courts in consultation with the local district program deems necessary.
The Administrative Office of the Courts shall promulgate rules and regulations
necessary and appropriate for the administration of the program."
Sec. 33. G.S. 7A-490 reads as rewritten:
"§ 7A-490. Implementation and
administration. - (a) Local District Programs. - The Administrative Office of the Courts shall, in cooperation with
each chief district court judge and other district personnel, personnel
in the district court district, implement and administer the program
mandated by this Article. Local district programs shall be established
in eight judicial district court districts in fiscal year
1983-84. Where a local district program has not yet been established in
accordance with this Article, the district court district shall operate
a guardian ad litem program approved by the Administrative Office of the
Courts.
(b) Advisory Committee Established. - The Director of the Administrative Office of the Courts shall appoint a Guardian Ad Litem Advisory Committee consisting of at least five members to advise the Office of Guardian Ad Litem Services in matters related to this program. The members of the Advisory Committee shall receive the same per diem and reimbursement for travel expenses as members of State boards and commissions generally."
Sec. 34. G.S. 7A-491 reads as rewritten:
"§ 7A-491. Conflict of interest or
impracticality of implementation. - If a
conflict of interest prohibits a local district program from providing
representation to an abused or neglected juvenile, the court may appoint any
member of the district bar to represent said juvenile. If the Administrative
Office of the Courts determines that within a particular judicial district
court district the implementation of a local district program is
impractical, or that an alternative plan meets the conditions of G.S. 7A-492,
the Administrative Office of the Courts shall waive the establishment of the
program within the district."
Sec. 35. G.S. 7A-492 reads as rewritten:
"§ 7A-492. Alternative plans. - A district court district shall be granted a
waiver from the implementation of a local district program if the
Administrative Office of the Courts determines that the following conditions
are met:
1. (1) An alternative plan has been
developed to provide adequate guardian ad litem services for every child
consistent with the duties stated in G.S. 7A-586; and
2. (2) The proposed alternative
plan will require no greater proportion of State funds than the district
court district's abuse and neglect caseload represents to the State's abuse
and neglect caseload. Computation of abuse and neglect caseloads shall include
such factors as child population, number of substantiated child abuse and
neglect reports, number of child abuse and neglect petitions, number of abused
and neglected children in care to be reviewed pursuant to G.S. 7A-657, nature
of the district's district court caseload, and number of petitions to
terminate parental rights.
When an alternative plan is approved pursuant to this section, the Administrative Office of the Courts shall retain authority to monitor implementation of the said plan in order to assure compliance with the requirements of this Article and G.S. 7A-586. In any district court district where the Administrative Office of the Courts determines that implementation of an alternative plan is not in compliance with the requirements of this section, the Administrative Office of the Courts may implement and administer a program authorized by this Article."
Sec. 36. G.S. 7A-517 is amended by adding a new subdivision to read:
"(15a) District. - Any district court district as established by G.S. 7A-133."
Sec. 37. G.S. 7A-517 is amended by adding a new subdivision to read:
"(19a) Judicial District. - Any district court district as established by G.S. 7A-133."
Sec. 38. G.S. 9-5 reads as rewritten:
"§ 9-5. Procedure for drawing panel of jurors; numbers drawn. - The board of county commissioners in each county shall provide the clerk of superior court with a jury box, the construction and dimensions of which shall be prescribed by the administrative officer of the courts. At least 30 days prior to January 1 of any year for which a list of prospective jurors has been prepared, a number of discs, squares, counters or markers equal to the number of names on the jury list shall be placed in the jury box. The discs, squares, counters, or markers shall be uniform in size, weight, and appearance, and may be made of any suitable material. They shall be numbered consecutively to correspond with the numbers on the jury list. The jury box shall be of sufficient size to hold the discs, squares, counters or markers so that they may be easily shaken and mixed, and the box shall have a hinged lid through which the discs, squares, counters or markers can be drawn. The lid shall have a lock, the key to which shall be kept by the clerk of superior court.
At least 30 days prior to any session or sessions of superior
or district court requiring a jury, the clerk of superior court or his
assistant or deputy shall, in public, after thoroughly shaking the box, draw
therefrom the number of discs, squares, counters, or markers equal to the
number of jurors required for the session or sessions scheduled. For each week
of a superior court session, the senior regular resident superior court
judge for the district or set of districts as defined in G.S. 7A-41.1(a) in
which the county is located shall specify the number of jurors to be drawn.
For each week of a district court jury session, the chief district judge of
the district court district in which the county is located shall specify
the number of jurors to be drawn. Pooling of jurors between or among concurrent
sessions of various courts is authorized in the discretion of the senior
regular resident superior court judge. When pooling is utilized, the senior
regular resident superior court judge, after consultation with the chief
district judge when a district court jury is required, shall specify the total
number of jurors to be drawn for such concurrent sessions. When grand jurors
are needed, nine additional numbers shall be drawn.
As the discs, squares, counters, or markers are drawn, they shall be separately stored by the clerk until a new jury list is prepared.
The clerk of superior court shall deliver the list of numbers drawn from the jury box to the register of deeds, who shall match the numbers received with the numbers on the jury list. The register of deeds shall within three days thereafter notify the sheriff to summon for jury duty the persons on the jury list whose numbers are thus matched. The persons so summoned may serve as jurors in either the superior or the district court, or both, for the week for which summoned. Jurors who serve each week shall be discharged at the close of the weekly session or sessions, unless actually engaged in the trial of a case, and then they shall not be discharged until their service in that case is completed."
Sec. 39. G.S. 1-353 reads as rewritten:
"§ 1-353. Property withheld from
execution; proceedings. - After the issuing of
an execution against property, and upon proof by affidavit of a party, his
agent or attorney, to the satisfaction of the court or a judge thereof, that
any judgment debtor residing in the judicial district district court
district as defined in G.S. 7A-133 or superior court district as defined in G.S.
7A-41.1, as the case may be, where such judge or sheriff resides has
property which he unjustly refuses to apply toward the satisfaction of the
judgment, such court or judge may, by order, require the judgment debtor to
appear at a specified time and place, to answer concerning the same; and
proceedings may thereupon be had for the application of the property of the
judgment debtor towards the satisfaction of the judgment as provided upon the
return of an execution, and the judgment creditor is entitled to the order of
examination under this and the preceding section section and
G.S. 1-352 although the judgment debtor has an equitable estate in land
subject to the lien of the judgment, or choses in action, or other things of
value unaffected by the lien of the judgment and incapable of levy."
Sec. 40. G.S. 1-440.14 reads as rewritten:
"§ 1-440.14. Notice of issuance of order of attachment when no personal service. - (a) When service of process by publication is made subsequent to the original order of attachment, the published and mailed notice of service of process shall include notice of the issuance of the order of attachment.
(b) When the original order of attachment is issued after publication is begun, a notice of the issuance of the order of attachment shall be published once a week for four successive weeks in some newspaper published in the county in which the action is pending, such publication to be commenced within 30 days after the issuance of the order of attachment. Such notice shall show
(1) The county and the court in which the action is pending,
(2) The names of the parties,
(3) The purpose of the action, and
(4) The fact that on a date specified an order was issued to attach the defendant's property.
(c) If no newspaper is published in the county in which the action is pending, the notice
(1) Shall be published
once a week for four successive weeks in some newspaper published in the same judicial
district district court district as defined in G.S. 7A-133 or superior
court district or set of districts as defined in G.S. 7A-41.1, as the case may
be, or
(2) Shall be posted at the courthouse door in the county for 30 days."
Sec. 41. G.S. 1-597 reads as rewritten:
"§ 1-597. Regulations for newspaper publication of legal notices, advertisements, etc. - Whenever a notice of any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of the laws of the State of North Carolina, heretofore or hereafter enacted, or by any order or judgment of any court of this State to be published or advertised in a newspaper, such publication, advertisement or notice shall be of no force and effect unless it shall be published in a newspaper with a general circulation to actual paid subscribers which newspaper at the time of such publication, advertisement or notice, shall have been admitted to the United States mails as second-class matter in the county or political subdivision where such publication, advertisement or notice is required to be published, and which shall have been regularly and continuously issued in the county in which the publication, advertisement or notice is authorized or required to be published, at least one day in each calendar week for at least 25 of the 26 consecutive weeks immediately preceding the date of the first publication of such advertisement, publication or notice; provided that in the event that a newspaper otherwise meeting the qualifications and having the characteristics prescribed by G.S. 1-597 to 1-599, should fail for a period not exceeding four weeks in any calendar year to publish one or more of its issues such newspaper shall nevertheless be deemed to have complied with the requirements of regularity and continuity of publication prescribed herein. Provided further, that where any city or town is located in two or more adjoining counties, any newspaper published in such city or town shall, for the purposes of G.S. 1-597 to 1-599, be deemed to be admitted to the mails, issued and published in all such counties in which such town or city of publication is located, and every publication, advertisement or notice required to be published in any such city or town or in any of the counties where such city or town is located shall be valid if published in a newspaper published, issued and admitted to the mails anywhere within any such city or town, regardless of whether the newspaper's plant or the post office where the newspaper is admitted to the mails is in such county or not, if the newspaper otherwise meets the qualifications and requirements of G.S. 1-597 to 1-599. This provision shall be retroactive to May 1, 1940, and all publications, advertisements and notices published in accordance with this provision since May 1, 1940, are hereby validated.
Notwithstanding the provisions of G.S. 1-599, whenever a
notice or any other paper, document or legal advertisement of any kind or
description shall be authorized or required by any of the laws of the State of
North Carolina, heretofore or hereafter enacted, or by any order or judgment of
any court of this State to be published or advertised in a newspaper qualified
for legal advertising in a county and there is no newspaper qualified for legal
advertising as defined in this section in such county, then it shall be deemed
sufficient compliance with such laws, order or judgment by publication of such
notice or any other such paper, document or legal advertisement of any kind or
description in a newspaper published in an adjoining county or in a county
within the same judicial district district court district as defined
in G.S. 7A-133 or superior court district or set of districts as defined in
G.S. 7A-41.1, as the case may be; provided, if the clerk of the superior
court finds as a fact that such newspaper otherwise meets the requirements of
this section and has a general circulation in such county where no newspaper is
published meeting the requirements of this section."
Sec. 42. Rule 30(h) of the Rules of Civil Procedure, G.S. 1A-1 reads as rewritten:
"(h) Judge; definition. -
(1) In respect to actions
in the superior court, a judge of the court in which the action is pending
shall, for the purposes of this rule, and Rule 26, Rule 31, Rule 33, Rule 34,
Rule 35, Rule 36 and Rule 37, be either a resident judge of the
judicial district or a judge regularly presiding over the courts of the
district or any special superior court judge holding court within the judicial
district or residing therein a superior court judge who has jurisdiction
pursuant to G.S. 7A-47.1 or G.S. 7A-48 in that county.
(2) In respect to actions in the district court, a judge of the court in which the action is pending shall, for the purposes of this rule, Rule 26, Rule 31, Rule 33, Rule 34, Rule 35, Rule 36 and Rule 37, be the chief district judge or any judge designated by him pursuant to G.S. 7A-192.
(3) In respect to actions
in either the superior court or the district court, a judge of the court in the
county where the deposition is being taken shall, for the purposes of this
rule, be either a resident judge of the judicial district or a judge
regularly presiding over the courts, or any special superior court judge
holding court within the judicial district or residing therein a
superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S.
7A-48 in that county, or the chief judge of the district court or any judge
designated by him pursuant to G.S. 7A-192."
Sec. 43. Rule 40 of the Rules of Civil Procedure. G.S. 1A-1 reads as rewritten:
"Rule 40. Assignment of cases for trial;
continuances.(a) The senior resident superior court judge of
any judicial district senior in point of continuous service on the superior
court superior court district or set of districts as defined in G.S. 7A-41.1
may provide by rule for the calendaring of actions for trial in the
superior court division of the various counties within his district or set
of districts. Calendaring of actions for trial in the district court shall
be in accordance with G.S. 7A-146. Precedence shall be given to actions
entitled thereto by any statute of this State.
(b) No continuance shall be granted except upon application to the court. A continuance may be granted only for good cause shown and upon such terms and conditions as justice may require. Good cause for granting a continuance shall include those instances when a party to the proceeding, a witness, or counsel of record has an obligation of service to the State of North Carolina, including service as a member of the General Assembly."
Sec. 44. G.S. 5A-15 reads as rewritten:
"§ 5A-15. Plenary proceedings for contempt.(a) When a judicial official chooses not to proceed summarily against a person charged with direct criminal contempt or when he may not proceed summarily, he may proceed by an order directing the person to appear before a judge at a reasonable time specified in the order and show cause why he should not be held in contempt of court. A copy of the order must be furnished to the person charged. If the criminal contempt is based upon acts before a judge which so involve him that his objectivity may reasonably be questioned, the order must be returned before a different judge.
(b) Proceedings under
this section are before a district court judge unless a court superior to the
district court issued the order, in which case the proceedings are before that
court. Venue lies throughout the judicial district district court
district as defined in G.S. 7A-133 or superior court district or set of
districts as defined in G.S. 7A-41.1, as the case may be, where the order
was issued.
(c) The person ordered to show cause may move to dismiss the order.
(d) The judge is the trier of facts at the show cause hearing.
(e) The person charged with contempt may not be compelled to be a witness against himself in the hearing.
(f) At the conclusion of the hearing, the judge must enter a finding of guilty or not guilty. If the person is found to be in contempt, the judge must make findings of fact and enter judgment. The facts must be established beyond a reasonable doubt.
(g) The judge presiding over the hearing may appoint a prosecutor or, in the event of an apparent conflict of interest, some other member of the bar to represent the court in hearings for criminal contempt."
Sec. 45. G.S. 5A-22 reads as rewritten:
"§ 5A-22. Release when civil contempt no longer continues. - (a) A person imprisoned for civil contempt must be released when his civil contempt no longer continues. The order of the court holding a person in civil contempt must specify how the person may purge himself of the contempt. Upon finding compliance with the specifications, the sheriff or other officer having custody may release the person without a further order from the court.
(b) On motion of the
contemnor, the court must determine if he is subject to release and, on an
affirmative determination, order his release. The motion must be directed to
the judge who found civil contempt unless he is not available. Then the motion
must be made to a judge of the same division in the same judicial district district
court district as defined in G.S. 7A-133 or superior court district or set of
districts as defined in G.S. 7A-41.1, as the case may be. The contemnor may
also seek his release under other procedures available under the law of this
State."
Sec. 46. G.S. 5A-23 reads as rewritten:
"§ 5A-23. Proceedings for civil contempt. - (a) Proceedings for civil contempt are either by the order of a judicial official directing the alleged contemnor to appear at a specified reasonable time and show cause why he should not be held in civil contempt or by the notice of a judicial official that the alleged contemnor will be held in contempt unless he appears at a specified reasonable time and shows cause why he should not be held in contempt. The order or notice must be given at least five days in advance of the hearing unless good cause is shown. The order or notice may be issued on the motion and sworn statement or affidavit of one with an interest in enforcing the order, including a judge, and a finding by the judicial official of probable cause to believe there is civil contempt.
(b) Except when the
General Statutes specifically provide for the exercise of contempt power by the
clerk of superior court, proceedings under this section are before a district
court judge, unless a court superior to the district court issued the order in
which case the proceedings are before that court. When the proceedings are
before a superior court, venue is in the judicial district superior
court district or set of districts as defined in G.S. 7A-41.1 of the court
which issued the order. Otherwise, venue is in the county where the order was
issued.
(c) The person ordered to show cause may move to dismiss the order.
(d) The judicial official is the trier of facts at the show cause hearing.
(e) At the conclusion of the hearing, the judicial official must enter a finding for or against the alleged contemnor. If civil contempt is found, the judicial official must enter an order finding the facts constituting contempt and specifying the action which the contemnor must take to purge himself of the contempt.
(f) A person with an interest in enforcing the order may present the case for a finding of civil contempt for failure to comply with an order.
(g) A judge conducting a hearing to determine if a person is in civil contempt may at that hearing, upon making the required findings, find the person in criminal contempt for the same conduct, regardless of whether imprisonment for civil contempt is proper in the case."
Sec. 47. G.S. 9-6 reads as rewritten:
"§ 9-6. Jury service a public duty; excuses to be allowed in exceptional cases; procedure. - (a) The General Assembly hereby declares the public policy of this State to be that jury service is the solemn obligation of all qualified citizens, and that excuses from the discharge of this responsibility should be granted only for reasons of compelling personal hardship or because requiring service would be contrary to the public welfare, health, or safety.
(b) Pursuant to the
foregoing policy, the each chief district court judge of
each district shall promulgate procedures whereby he or any district court
judge of his district court district designated by him, prior to the
date that a jury session (or sessions) of superior or district court convenes,
shall receive, hear, and pass on applications for excuses from jury duty. The
procedures shall provide for the time and place, publicly announced, at which
applications for excuses will be heard, and prospective jurors who have been
summoned for service shall be so informed. In districts counties
located in a district or set of districts as defined in G.S. 7A-41.1(a) which that
have a trial court administrator, the chief district judge may assign the
duty of passing on applications for excuses from jury service to the
administrator. In all cases concerning excuses, the clerk of court or the trial
court administrator in districts that have a trial court administrator, shall
notify prospective jurors of the disposition of their excuses.
(c) A prospective juror excused by a judge in the exercise of the discretion conferred by subsection (b) may be required by the judge to serve as a juror in a subsequent session of court. If required to serve subsequently, the juror shall be considered on such occasion the same as if he were a member of the panel regularly summoned for jury service at that time.
(d) A judge hearing applications for excuses from jury duty shall excuse any person disqualified under § 9-3.
(e) The judge shall inform the clerk of superior court of persons excused under this section, and the clerk within 10 days shall so notify the register of deeds, who shall note the excuse on the juror's card and file it separately from the jury list.
(f) The discretionary authority of a presiding judge to excuse a juror at the beginning of or during a session of court is not affected by this section."
Sec. 48. G.S. 9-12 reads as rewritten:
"§ 9-12. Supplemental jurors from
other counties. - (a) On motion of any party
or the State, or on his own motion, any judge of the superior court, if he is
of the opinion that it is necessary in order to provide a fair trial in any
case, and regardless of whether he will preside over the trial of that case,
may order as many jurors as he deems necessary to be summoned from any county
or counties in the same judicial district or set of districts as
defined in G.S. 7A-41.1(a) in which as the county of trial is
located or in any adjoining judicial district district or set of
districts. These jurors shall be selected and shall serve in the manner
provided for selection and service of supplemental jurors selected from the
jury list. These jurors shall be subject to the same challenges as other
jurors, except challenges for nonresidence in the county of trial.
(b) Transportation may be furnished in lieu of mileage."
Sec. 49. G.S. 14-425 reads as rewritten:
"§ 14-425. Enjoining practice of
debt adjusting; appointment of receiver for money and property employed. - The superior court shall have jurisdiction, in an
action brought in the name of the State by the district attorney of the judicial
district prosecutorial district as defined in G.S. 7A-60, to enjoin
any person from acting, offering to act, or attempting to act, as a debt
adjuster, or engaging in the business of debt adjusting; and, in such action,
may appoint a receiver for the property and money employed in the transaction
of business by such person as a debt adjuster, to insure, so far as may be
possible, the return to debtors of so much of their money and property as has
been received by the debt adjuster, and has not been paid to the creditors of
the debtors."
Sec. 50. G.S. 15-155.1 reads as rewritten:
"§ 15-155.1. Reports to district
attorneys of aid to dependent children and illegitimate births. - The Department of Human Resources, by and through
the Secretary of Human Resources, shall promptly after June 19, 1959, make a
report to each district attorney of superior court, setting out the
names and addresses of all mothers who reside in his judicial district prosecutorial
district as defined in G.S. 7A-60 and are recipients of aid to dependent
children under the provisions of Part 2, Article 3, Chapter 108 Article
2, Chapter 108A of the General Statutes. Such report shall in some manner
show the identity of the unwed mothers and shall set forth the number of
children born to each said mother. Such a report shall also be made monthly
thereafter setting out the names and addresses of all such mothers who reside
in the district and who may have become recipients of aid to dependent children
since the date of the last report."
Sec. 51. G.S. 15-217.1 reads as rewritten:
"§ 15-217.1. Filing petition with
clerk; delivery of copy to district attorney; review of petition by judge. - The proceeding shall be commenced by filing with the
clerk of superior court of the county in which the conviction took place a
petition, with two copies thereof, verified by affidavit. One copy shall be
delivered by the clerk to the district attorney of the judicial district prosecutorial
district as defined in G.S. 7A-60 who prosecutes the criminal docket of the
superior court of the county in which said petition is filed, either in person
or by ordinary mail, and the clerk shall enter upon his docket the date and
manner of delivery of such copy.
The clerk shall place the petition upon the criminal docket upon his receipt thereof. The clerk shall promptly after delivery of copy to the district attorney bring the petition, or a copy thereof, to the attention of the resident judge or any judge holding the courts of the district or any judge holding court in the county. Such judge shall review the petition and make such order as he deems appropriate with respect to permitting the petitioner to prosecute such action without providing for the payment of costs, with respect to the appointment of counsel, and with respect to the time and place of hearing upon the petition. If it appears to the judge that substantial injustice may be done by any delay in hearing upon the matters alleged in the petition, he may issue such order as may be appropriate to bring the petitioner before the court without delay, and may direct the district attorney to answer the petition at a time specified in the order, and the court shall thereupon inquire into the matters alleged as directed by the reviewing judge, as in the case of a writ of habeas corpus. If upon review of the petition it does not appear to the judge that an order advancing the hearing or other order is appropriate, he shall return the petition to the clerk with a notation to that effect."
Sec. 52. G.S. 15A-101 reads as rewritten:
"§ 15A-101. Definitions. - Unless the context clearly requires otherwise, the following words have the listed meanings:
(0.1) Appeal. - When used in a general context, the term 'appeal' also includes appellate review upon writ of certiorari.
(1) Attorney of Record. - An attorney who, under Article 4 of this Chapter, Entry and Withdrawal of Attorney in Criminal Case, has entered a criminal proceeding and has not withdrawn.
(2) Clerk. - Any clerk of superior court, acting clerk, or assistant or deputy clerk.
(3) District Court. - The District Court Division of the General Court of Justice.
(4) District Attorney. - The person elected and currently serving as district attorney in his prosecutorial district.
(4a) Entry of Judgment. - Judgment is entered when sentence is pronounced. Prayer for judgment continued upon payment of costs, without more, does not constitute the entry of judgment.
(5) Judicial Official. - A magistrate, clerk, judge, or justice of the General Court of Justice.
(6) Officer. - Law-enforcement officer.
(7) Prosecutor. - The district attorney, any assistant district attorney or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney.
(8) State. - The State of North Carolina, all land or water in respect to which the State of North Carolina has either exclusive or concurrent jurisdiction, and the airspace above that land or water. 'Other state' means any state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
(9) Superior Court. - The Superior Court Division of the General Court of Justice.
(10) Superior Court Judge. - Any
judge assigned to preside over a session of superior court in the judicial
district, any resident superior court judge of the judicial district, or any
special judge of superior court residing in the judicial district a
superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S.
7A-48 in the district or set of districts as defined in G.S. 7A-41.1.
(11) Vehicle. - Aircraft, watercraft, or landcraft or other conveyance."
Sec. 53. G.S. 15A-131 reads as rewritten:
"§ 15A-131. Venue generally. - (a) Venue for pretrial and trial proceedings in district court of cases within the original jurisdiction of the district court lies in the county where the charged offense occurred.
(b) Except for the
probable cause hearing, venue for pretrial proceedings in cases within the
original jurisdiction of the superior court lies in the judicial district superior
court district or set of districts as defined in G.S. 7A-41.1 embracing the
county where venue for trial proceedings lies.
(c) Except as otherwise provided in this subsection, venue for probable cause hearings and trial proceedings in cases within the original jurisdiction of the superior court lies in the county where the charged offense occurred. If the alleged offense is committed within the corporate limits of a municipality which is the seat of superior court and is located in more than one county, venue lies in the superior court which sits within that municipality, but upon timely objection of the defendant or the district attorney in the county in which the alleged offense occurred the case must be transferred to the county in which the alleged offense occurred.
(d) Venue for misdemeanors appealed for trial de novo in superior court lies in the county where the misdemeanor was first tried.
(e) An offense occurs in a county if any act or omission constituting part of the offense occurs within the territorial limits of the county.
(f) For the purposes of this Article, pretrial proceedings are proceedings occurring after the initial appearance before the magistrate and prior to arraignment."
Sec. 54. G.S. 15A-133 reads as rewritten:
"§ 15A-133. Waiver of venue;
motion for change of venue; indictment may be returned in other county. - (a) Except for a waiver of venue made as required in
Article 35 of this Chapter, Speedy Trial, a waiver of venue must be in writing
and signed by the defendant and the prosecutor indicating the consent of all
parties to the waiver. The waiver must specify what stages of the proceedings
are affected by the waiver, and the county to which venue is changed. If the
venue is to be laid in a county in another judicial prosecutorial district,
the consent in writing of the prosecutor in that district must be filed with
the clerks of both counties.
(b) If a waiver of venue
is made by the defendant as provided in Article 35 of this Chapter, Speedy
Trial, the prosecutor in his discretion may elect the county in the district
prosecutorial district as defined in G.S. 7A-60 in which to proceed.
He may also elect not to proceed in another county, but the State is subject to
the sanctions provided in Article 35.
(c) Motions for change of
venue by the defendant are made under G.S. 15A-957. If venue is laid in a
county in another judicial prosecutorial district by order of the
judge ruling on the motion, no consent of any prosecutor is required.
(d) If venue is changed
to a county in another judicial prosecutorial district, whether
upon waiver of venue or by order of a judge, the prosecutor of the prosecutorial
district where the case originated must prosecute the case unless the
prosecutor of the district to which venue has been changed consents to conduct
the prosecution.
(e) If venue is changed, whether upon waiver of venue or by order of a judge, the grand jury in the county to which venue has been transferred has the power to return an indictment in the case. If an indictment has already been returned before the change of venue, no new indictment is necessary and prosecution may be had in the new county under the original indictment."
Sec. 55. G.S. 15A-535 reads as rewritten:
"§ 15A-535. Issuance of policies
on pretrial release. - (a) Subject to the
provisions of this Article, the senior resident superior court judge of for
each judicial district or set of districts as defined in G.S.
7A-41.1(a) in consultation with the chief district court judge or judges
of all the district court districts in which are located any of the counties in
the senior resident superior court judge's district or set of districts, must
devise and issue recommended policies to be followed within the
district each of those counties in determining whether, and
upon what conditions, a defendant may be released before trial.
(b) In any county in
which there is a pretrial release program, the senior resident superior court
judge of the judicial district may, after consultation with the chief
district court judge, order that defendants accepted by such program for
supervision shall, with their consent, be released by judicial officials to
supervision of such programs, and subject to its rules and regulations, in lieu
of releasing the defendants on conditions (1), (2), or (3) of G.S. 15A-534(a)."
Sec. 56. G.S. 15A-536 reads as rewritten:
"§ 15A-536. Release after conviction in the superior court. - (a) A defendant whose guilt has been established in the superior court and is either awaiting sentence or has filed an appeal from the judgment entered may be ordered released upon conditions in accordance with the provisions of this Article.
(b) If release is ordered, the judge must impose the conditions set out in G.S. 15A-534(a) which will reasonably assure the presence of the defendant when required and provide adequate protection to persons and the community. If no single condition gives the assurance, the judge may impose the condition in G.S. 15A-534(a)(3) in addition to any other condition and may also, or in lieu of the condition in G.S. 15A-534(a)(3), place restrictions on the travel, associations, conduct, or place of abode of the defendant.
(c) In determining what conditions of release to impose, the judge must, on the basis of available information, consider the appropriate factors set out in G.S. 15A-534(c).
(d) A judge authorizing release of a defendant under this section must issue an appropriate order containing a statement of the conditions imposed, if any; inform the defendant in writing of the penalties applicable to violations of the conditions of his release; and advise him that his arrest will be ordered immediately upon any such violation. The order of release must be filed with the clerk and a copy given the defendant.
(e) An order of release
may be modified or revoked by any superior court judge who has ordered the
release of a defendant under this section or, if that judge is absent from the judicial
district superior court district or set of districts as defined in G.S.
7A-41.1, by any other superior court judge. If the defendant is placed in
custody as the result of a revocation or modification of an order of release,
the defendant is entitled to an immediate hearing on whether he is again
entitled to release and, if so, upon what conditions.
(f) In imposing conditions of release and in modifying and revoking orders of release under this section, the judge must take into account all evidence available to him which he considers reliable and is not strictly bound by the rules of evidence applicable to criminal trials."
Sec. 57. G.S. 15A-544(g) reads as rewritten:
"(g) If a return of
execution upon a judgment against an obligor remains unsatisfied for 10 days,
the obligor may not become surety on any bail bond in the judicial prosecutorial
district so long as the judgment remains unsatisfied. Nothing in
this subsection makes lawful any act made unlawful by Chapter 85C of the
General Statutes."
Sec. 58. G.S. 15A-601 reads as rewritten:
"§ 15A-601. First appearance
before a district court judge; right in felony and other cases in original
jurisdiction of superior court; consolidation of first appearance before
magistrate and before district court judge; first appearance before clerk of
superior court. - (a) Any defendant charged in
a magistrate's order under G.S. 15A-511 or criminal process under Article 17 of
this Chapter, Criminal Process, with a crime in the original jurisdiction of
the superior court must be brought before a district court judge in the judicial
district district court district as defined in G.S. 7A-133 in which
the crime is charged to have been committed. This first appearance before a
district court judge is not a critical stage of the proceedings against the
defendant.
(b) When a district court judge conducts an initial appearance as provided in G.S. 15A-511, he may consolidate those proceedings and the proceedings under this Article.
(c) Unless the defendant is released pursuant to Article 26 of this Chapter, Bail, first appearance before a district court judge must be held within 96 hours after the defendant is taken into custody or at the first regular session of the district court in the county, whichever occurs first. If the defendant is not taken into custody, or is released pursuant to Article 26 of this Chapter, Bail, within 96 hours after being taken into custody, first appearance must be held at the next session of district court held in the county. This subsection does not apply to a defendant whose first appearance before a district court judge has been set in a criminal summons pursuant to G.S. 15A-303(d).
(d) Upon motion of the defendant, the first appearance before a district court judge may be continued to a time certain. The defendant may not waive the holding of the first appearance before a district court judge but he need not appear personally if he is represented by counsel at the proceeding.
(e) The clerk of the superior court in the county in which the defendant is taken into custody may conduct a first appearance as provided in this Article if a district court judge is not available in the county within 96 hours after the defendant is taken into custody. The clerk, in conducting a first appearance, shall proceed under this Article as would a district court judge."
Sec. 59. G.S. 15A-628 reads as rewritten:
"§ 15A-628. Functions of grand jury; record to be kept by clerk. - (a) A grand jury:
(1) Must return a bill submitted to it by the prosecutor as a true bill of indictment if it finds from the evidence probable cause for the charge made.
(2) Must return a bill submitted to it by the prosecutor as not a true bill of indictment if it fails to find probable cause for the charge made. Upon returning a bill of indictment as not a true bill, the grand jury may request the prosecutor to submit a bill of indictment as to a lesser included or related offense.
(3) May return the bill to the court with an indication that the grand jury has not been able to act upon it because of the unavailability of witnesses.
(4) May investigate any offense as to which no bill of indictment has been submitted to it by the prosecutor and issue a presentment accusing a named person or named persons with one or more criminal offenses if it has found probable cause for the charges made. An investigation may be initiated upon the concurrence of 12 members of the grand jury itself or upon the request of the presiding or convening judge or the prosecutor.
(5) Must inspect the jail and may inspect other county offices or agencies and must report the results of its inspections to the court.
(b) In proceeding under
subsection (a), the grand jury may consider any offense which may be prosecuted
in the courts of the county, or in the courts of the judicial district superior
court district or set of districts as defined in G.S. 7A-41.1 when there
has been a waiver of venue in accordance with Article 3 of this Chapter, Venue.
(c) Bills of indictment submitted by the prosecutor to the grand jury, whether found to be true bills or not, must be returned by the foreman of the grand jury to the presiding judge in open court. Presentments must also be returned by the foreman of the grand jury to the presiding judge in open court.
(d) The clerk must keep a permanent record of all matters returned by the grand jury to the judge under the provisions of this section."
Sec. 60. G.S. 15A-702 reads as rewritten:
"§ 15A-702. Counties with limited
court sessions. - (a) If the venue of the defendant's
case lies within a county where, due to the limited number of court sessions
scheduled for the county, the applicable time limit specified by G.S. 15A-701
has not been met, the defendant may file a motion for prompt trial with (i) a
superior court judge presiding over a mixed or criminal session within the same
judicial district superior court district or set of districts as
defined in G.S. 7A-41.1 where the defendant is charged with an offense
within the original jurisdiction of the superior court or with a misdemeanor
docketed in the superior court for trial de novo; or (ii) a district court
judge presiding in the county in which the venue of the case lies, or in the
event that there is no district court judge presiding in that county, in the judicial
district district court district as defined in G.S. 7A-133 embracing
the county in which the venue lies where the defendant is charged with a
misdemeanor pending in district court.
(a1) A county is conclusively presumed to be a county where, due to the limited number of court sessions scheduled for the county, the applicable time limit specified by G.S. 15A-701 has not been met, if the county has scheduled each year fewer than eight regularly scheduled criminal or mixed weekly sessions of superior court. In any other county, a determination shall be made in each case whether the applicable time limit specified by G.S. 15A-701 has not been met due to the limited number of court sessions scheduled for that county.
(b) The judge with whom the petition for prompt trial is filed may order the defendant's case be brought to trial within not less than 30 days.
(c) A defendant who files
a petition for prompt trial under this section accepts venue anywhere within
the judicial district district court district as defined in G.S.
7A-133 or superior court district or set of districts as defined in G.S.
7A-41.1, as the case may be, and may not continue or delay his case except
on the basis of matters which arise after he files the petition and which he or
his counsel could not have reasonably anticipated. The defendant may withdraw
the petition for prompt trial only on order of the court, for good cause shown
or with the consent of the prosecutor."
Sec. 61. G.S. 15A-711 reads as rewritten:
"§ 15A-711. Securing attendance of criminal defendants confined in institutions within the State; requiring prosecutor to proceed. - (a) When a criminal defendant is confined in a penal or other institution under the control of the State or any of its subdivisions and his presence is required for trial, the prosecutor may make written request to the custodian of the institution for temporary release of the defendant to the custody of an appropriate law-enforcement officer who must produce him at the trial. The period of the temporary release may not exceed 60 days. The request of the prosecutor is sufficient authorization for the release, and must be honored, except as otherwise provided in this section.
(b) If the defendant
whose presence is sought is confined pursuant to another criminal proceeding in
a different judicial district prosecutorial district as defined in
G.S. 7A-60, the defendant and the prosecutor prosecuting the other criminal
action must be given reasonable notice and opportunity to object to the
temporary release. Objections must be heard by a superior court judge having
authority to act in criminal cases in the district superior court
district or set of districts as defined in G.S. 7A-41.1 in which the
defendant is confined, and he must make appropriate orders as to the precedence
of the actions.
(c) A defendant who is confined in an institution in this State pursuant to a criminal proceeding and who has other criminal charges pending against him may, by written request filed with the clerk of the court where the other charges are pending, require the prosecutor prosecuting such charges to proceed pursuant to this section. A copy of the request must be served upon the prosecutor in the manner provided by the Rules of Civil Procedure, G.S. 1A-1, Rule 5(b). If the prosecutor does not proceed pursuant to subsection (a) within six months from the date the request is filed with the clerk, the charges must be dismissed.
(d) Detainer.
(1) When a criminal defendant is imprisoned in this State pursuant to prior criminal proceedings, the clerk upon request of the prosecutor, must transmit to the custodian of the institution in which he is imprisoned, a copy of the charges filed against the defendant and a detainer directing that the prisoner be held to answer to the charges made against him. The detainer must contain a notice of the prisoner's right to proceed pursuant to G.S. 15A-711(c) and his right to a speedy trial pursuant to Article 35 of this Chapter, Speedy Trial.
(2) Upon receipt of the charges and the detainer, the custodian must immediately inform the prisoner of its receipt and furnish him copies of the charges and the detainer, must explain to him his right to proceed pursuant to G.S. 15A-711(c) and his right to a speedy trial under Article 35 of this Chapter, Speedy Trial.
(3) The custodian must notify the clerk who transmitted the detainer of the defendant's impending release at least 30 days prior to the date of release. The notice must be given immediately if the detainer is received less than 30 days prior to the date of release. The clerk must direct the sheriff to take custody of the defendant and produce him for trial. The custodian must release the defendant to the custody of the sheriff, but may not hold the defendant in confinement beyond the date on which he is eligible for release.
(4) A detainer may be withdrawn upon request of the prosecutor, and the clerk must notify the custodian, who must notify the defendant."
Sec. 62. G.S. 15A-821 reads as rewritten:
"§ 15A-821. Securing attendance of
prisoner in this State as witness in proceeding outside the State. - (a) If a judge of a court of general jurisdiction in
any other state, which by its laws has made provision for commanding a prisoner
within that state to attend and testify in this State, certifies under the seal
of that court that there is a criminal prosecution pending in the court or that
a grand jury investigation has commenced, and that a person confined in an
institution under the control of the State Department of Correction of North
Carolina, other than a person confined as criminally insane, is a material
witness in the prosecution or investigation and that his presence is required
for a specified number of days, upon presentment of the certificate to a
superior court judge in the judicial district superior court district
or set of districts as defined in G.S. 7A-41.1 where the person is
confined, upon notice to the Attorney General, the judge must fix a time and
place for a hearing and order the person having custody of the prisoner to
produce him at the hearing.
(b) If at the hearing the judge determines that the prisoner is a material and necessary witness in the requesting state, the judge must order that the prisoner attend in the court where the prosecution or investigation is pending, upon such terms and conditions as the judge prescribes, including among other things, provision for the return of the prisoner at the conclusion of his testimony, proper safeguard for his custody, and proper financial reimbursement or other payment, including payment in advance, by the demanding jurisdiction for all expenses incurred in the production and return of the prisoner.
(c) The Attorney General may, as agent for the State of North Carolina, enter into such agreements with the demanding jurisdiction as necessary to ensure proper compliance with the order of the court."
Sec. 63. G.S. 15A-957 reads as rewritten:
"§ 15A-957. Motion for change of venue. - If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must either:
(1) Transfer the
proceeding to another county in the judicial prosecutorial
district as defined in G.S. 7A-60 district or to another county in
an adjoining judicial district prosecutorial district as
defined in G.S. 7A-60, or
(2) Order a special venire under the terms of G.S. 15A-958.
The procedure for change of venue is in accordance with the provisions of Article 3 of this Chapter, Venue."
Sec. 64. G.S. 15A-1011(c) reads as rewritten:
"(c) Upon entry of a plea
of guilty or no contest or after conviction on a plea of not guilty, the
defendant may request permission to enter a plea of guilty or no contest as to
other crimes with which he is charged in the same or another judicial
district prosecutorial district as defined in G.S. 7A-60. A
defendant may not enter any plea to crimes charged in another judicial
district prosecutorial district as defined in G.S. 7A-60 unless the
district attorney of that district consents in writing to the entry of such
plea. The prosecutor or his representative may appear in person or by filing an
affidavit as to the nature of the evidence gathered as to these other crimes.
Entry of a plea under this subsection constitutes a waiver of venue. A superior
court is granted jurisdiction to accept the plea, upon an appropriate
indictment or information, even though the case may otherwise be within the
exclusive original jurisdiction of the district court. A district court may
accept pleas under this section only in cases within the original jurisdiction
of the district court."
Sec. 65. G.S. 15A-1054 reads as rewritten:
"§ 15A-1054. Charge reductions or
sentence concessions in consideration of truthful testimony. - (a) Whether or not a grant of immunity is conferred
under this Article, a prosecutor, when the interest of justice requires, may
exercise his discretion not to try any suspect for offenses believed to have
been committed within the judicial district prosecutorial district as
defined in G.S. 7A-60, to agree to charge reductions, or to agree to
recommend sentence concessions, upon the understanding or agreement that the
suspect will provide truthful testimony in one or more criminal proceedings.
(b) Recommendations as to sentence concessions must be made to the trial judge by the prosecutor in accordance with the provisions of Article 58 of this Chapter, Procedure Relating to Guilty Pleas in Superior Court.
(c) When a prosecutor enters into any arrangement authorized by this section, written notice fully disclosing the terms of the arrangement must be provided to defense counsel, or to the defendant if not represented by counsel, against whom such testimony is to be offered, a reasonable time prior to any proceeding in which the person with whom the arrangement is made is expected to testify. Upon motion of the defendant or his counsel on grounds of surprise or for other good cause or when the interests of justice require, the court must grant a recess."
Sec. 66. G.S. 15A-1334 reads as rewritten:
"§ 15A-1334. The sentencing hearing. - (a) Time of Hearing. - Unless the defendant waives the hearing, the court must hold a hearing on the sentence. Either the defendant or the State may, upon a showing which the judge determines to be good cause, obtain a continuance of the sentencing hearing.
(b) Proceeding at Hearing. - The defendant at the hearing may make a statement in his own behalf. The defendant and prosecutor may present witnesses and arguments on facts relevant to the sentencing decision and may cross-examine the other party's witnesses. No person other than the defendant, his counsel, the prosecutor, and one making a presentence report may comment to the court on sentencing unless called as a witness by the defendant, the prosecutor, or the court. Formal rules of evidence do not apply at the hearing.
(c) Sentence Hearing in
Other District. - The judge who orders a presentence report may, in his
discretion, direct that the sentencing hearing be held before him in another
county or another judicial district district court district as
defined in G.S. 7A-133 or superior court district or set of districts as
defined in G.S. 7A-41.1, as the case may be, during or after the session in
which the defendant was convicted. If sentence is imposed in a county other
than the one where the defendant was convicted, the clerk of the county where
sentence is imposed must forward the records of the sentencing proceeding to
the clerk of the county of conviction.
(d) Sentencing in Capital Cases. - Sentencing in capital cases is governed by Article 100 of this Chapter.
(e) Procedure Applicable when Certain Prior Convictions May Be Used. - The procedure in G.S. 15A-980 governs if the State seeks to use a prior conviction in a sentencing hearing."
Sec. 67. G.S. 15A-1344(a) reads as rewritten:
"(a) Authority to Alter or
Revoke. - Except as provided in subsection (b), probation may be reduced,
terminated, continued, extended, modified, or revoked by any judge entitled to
sit in the court which imposed probation and who is resident or presiding in
the district district court district as defined in G.S. 7A-133 or
superior court district or set of districts as defined in G.S. 7A-41.1, as the
case may be, where the sentence of probation was imposed, where the
probationer violates probation, or where the probationer resides. The district
attorney of the district prosecutorial district as defined in G.S.
7A-60 in which probation was imposed must be given reasonable notice of any
hearing to affect probation substantially."
Sec. 68. G.S. 15A-1344(c) reads as rewritten:
"(c) Procedure on Altering
or Revoking Probation; Returning Probationer to District Where Sentenced. -
When a judge reduces, terminates, extends, modifies, or revokes probation
outside the county where the judgment was entered, the clerk must send a copy
of the order and any other records to the court where probation was originally
imposed. A court on its own motion may return the probationer to the district
district court district as defined in G.S. 7A-133 or superior court
district or set of districts as defined in G.S. 7A-41.1, as the case may be, where
probation was imposed or where the probationer resides for reduction,
termination, continuation, extension, modification, or revocation of probation.
In cases where the probation is revoked in a county other than the county of
original conviction the clerk in that county must issue a commitment order and
must file the order revoking probation and the commitment order, which will
constitute sufficient permanent record of the proceeding in that court, and must
send a certified copy of the order revoking probation, the commitment order,
and all other records pertaining thereto to the county of original conviction
to be filed with the original records. The clerk in the county other than the
county of original conviction must issue the formal commitment to the North
Carolina Department of Correction."
Sec. 69. G.S. 15A-1345 reads as rewritten:
"§ 15A-1345. Arrest and hearing on probation violation. - (a) Arrest for Violation of Probation. - A probationer is subject to arrest for violation of conditions of probation by a law-enforcement officer or probation officer upon either an order for arrest issued by the court or upon the written request of a probation officer, accompanied by a written statement signed by the probation officer that the probationer has violated specified conditions of his probation. However, a probation revocation hearing under subsection (e) may be held without first arresting the probationer.
(b) Bail Following Arrest for Probation Violation. - If at any time during the period of probation the probationer is arrested for a violation of any of the conditions of probation, he must be taken without unnecessary delay before a judicial official to have conditions of release pending a revocation hearing set in the same manner as provided in G.S. 15A-534.
(c) When Preliminary Hearing on Probation Violation Required. - Unless the hearing required by subsection (e) is first held or the probationer waives the hearing, a preliminary hearing on probation violation must be held within seven working days of an arrest of a probationer to determine whether there is probable cause to believe that he violated a condition of probation. Otherwise, the probationer must be released seven working days after his arrest to continue on probation pending a hearing.
(d) Procedure for
Preliminary Hearing on Probation Violation. -The preliminary hearing on
probation violation must be conducted by a judge who is sitting in the county
where the probationer was arrested or where the alleged violation occurred. If
no judge is sitting in the county where the hearing would otherwise be held,
the hearing may be held anywhere in the judicial district district
court district as defined in G.S. 7A-133 or superior court district or set of
districts as defined in G.S. 7A-41.1, as the case may be. The State must
give the probationer notice of the hearing and its purpose, including a
statement of the violations alleged. At the hearing the probationer may appear
and speak in his own behalf, may present relevant information, and may, on
request, personally question adverse informants unless the court finds good
cause for not allowing confrontation. Formal rules of evidence do not apply at
the hearing. If probable cause is found or if the probable cause hearing is
waived, the probationer may be held for a revocation hearing, subject to
release under the provisions of subsection (b). If the hearing is held and
probable cause is not found, the probationer must be released to continue on
probation.
(e) Revocation Hearing. - Before revoking or extending probation, the court must, unless the probationer waives the hearing, hold a hearing to determine whether to revoke or extend probation and must make findings to support the decision and a summary record of the proceedings. The State must give the probationer notice of the hearing and its purpose, including a statement of the violations alleged. The notice, unless waived by the probationer, must be given at least 24 hours before the hearing. At the hearing, evidence against the probationer must be disclosed to him, and the probationer may appear and speak in his own behalf, may present relevant information, and may confront and cross-examine adverse witnesses unless the court finds good cause for not allowing confrontation. The probationer is entitled to be represented by counsel at the hearing and, if indigent, to have counsel appointed. Formal rules of evidence do not apply at the hearing, but the record or recollection of evidence or testimony introduced at the preliminary hearing on probation violation are inadmissible as evidence at the revocation hearing. When the violation alleged is the nonpayment of fine or costs, the issues and procedures at the hearing include those specified in G.S. 15A-1364 for response to nonpayment of fine."
Sec. 70. G.S. 15A-1383 reads as rewritten:
"§ 15A-1383. Plans for
implementation of Article; punishment for failure to comply; modification of
plan. - (a) On January 1, 1982, the or
on the first day of the month following the date on which any superior court
district becomes effective under G.S. 7A-41, each senior resident superior
court judge of each judicial district shall file a plan with the
Director of the State Bureau of Investigation for the implementation of the
provisions of this Article. The plan shall be entered as an order of the court
on that date. In drawing up the plan, the senior resident superior court judge
may consult with the chief district judge, the district attorney, the clerks
of superior court within the district, the Department of Correction, the
sheriffs and chiefs of police within the district clerk of
superior court, the sheriff and the chief of police for any district court or
prosecutorial district or county or municipality which includes or is included
in his district or set of districts as defined in G.S. 7A-41.1(a), with the
Department of Correction, and with other persons as he may deem
appropriate. Upon the request of the senior resident superior court judge, the
State Bureau of Investigation shall provide such technical assistance in the
preparation of the plan as the judge desires.
(b) A person who is charged by the plan with a duty to make reports who fails to make such reports as required by the plan is punishable for civil contempt under Article 2 of Chapter 5A of the General Statutes.
(c) When the senior resident superior court judge modifies, alters or amends a plan under this Article, the order making such modification, alteration or amendment shall be filed with the Director of the State Bureau of Investigation within 10 days of its entry.
(d) Plans prepared under this Article are not 'rules' within the meaning of Chapter 150B of the General Statutes or within the meaning of Article 6C of Chapter 120 of the General Statutes."
Sec. 71. G.S. 15A-1413 reads as rewritten:
"§ 15A-1413. Trial judges
empowered to act. - (a) A motion for
appropriate relief made pursuant to G.S. 15A-1415 may be heard and determined
in the trial division by any judge who is empowered to act in criminal matters
in the judicial district and trial division district court district
as defined in G.S. 7A-133 or superior court district or set of districts as
defined in G.S. 7A-41.1, as the case may be, in which the judgment was
entered.
(b) The judge who presided at the trial is empowered to act upon a motion for appropriate relief made pursuant to G.S. 15A-1414. He may act even though he is in another district or even though his commission has expired.
(c) When a motion for appropriate relief may be made before a judge who did not hear the case, he may, if it is practicable to do so, refer all or a part of the matter for decision to the judge who heard the case."
Sec. 72. G.S. 15A-1431 reads as rewritten:
"§ 15A-1431. Appeals by defendants from magistrate and district court judge; trial de novo. - (a) A defendant convicted before a magistrate may appeal for trial de novo before a district court judge without a jury.
(b) A defendant convicted in the district court before the judge may appeal to the superior court for trial de novo with a jury as provided by law. Upon the docketing in the superior court of an appeal from a judgment imposed pursuant to a plea arrangement between the State and the defendant, the jurisdiction of the superior court over any misdemeanor dismissed, reduced, or modified pursuant to that plea arrangement shall be the same as was had by the district court prior to the plea arrangement.
(c) Within 10 days of entry of judgment, notice of appeal may be given orally in open court or in writing to the clerk. Within 10 days of entry of judgment, the defendant may withdraw his appeal and comply with the judgment. Upon expiration of the 10-day period, if an appeal has been entered and not withdrawn, the clerk must transfer the case to the appropriate court.
(d) A defendant convicted by a magistrate or district court judge is not barred from appeal because of compliance with the judgment, but notice of appeal after compliance must be given by the defendant in person to the magistrate or judge who heard the case or, if he is not available, notice must be given:
(1) Before a magistrate in the county, in the case of appeals from the magistrate; or
(2) During an open session
of district court in the judicial district district court district as
defined in G.S. 7A-133, in the case of appeals from district court.
The magistrate or district court judge must review the case and fix conditions of pretrial release as appropriate. If a defendant has paid a fine or costs and then appeals, the amount paid must be remitted to the defendant, but the judge, clerk or magistrate to whom notice of appeal is given may order the remission delayed pending the determination of the appeal.
(e) Any order of pretrial release remains in effect pending appeal by the defendant unless the judge modifies the order.
(f) Appeal pursuant to this section stays the execution of portions of the judgment relating to fine and costs. Appeal stays portions of the judgment relating to confinement when the defendant has complied with conditions of pretrial release. If the defendant cannot comply with conditions of pretrial release, the judge may order confinement in a local confinement facility pending the trial de novo in superior court.
(g) The defendant may withdraw his appeal at any time prior to calendaring of the case for trial de novo. The case is then automatically remanded to the court from which the appeal was taken, for execution of the judgment."
Sec. 73. G.S. 19-13 reads as rewritten:
"§ 19-13. Commencement of civil
proceeding.-(a) Whenever the district attorney
for any judicial prosecutorial district has reasonable
cause to believe that any person is engaged in selling, distributing or
disseminating in any manner harmful material to minors or may become engaged in
selling, distributing or disseminating in any manner harmful material to
minors, the district attorney for the judicial prosecutorial district
in which such material is so offered for sale shall institute an action
in the district court for that district for adjudication of the question of
whether such material is harmful to minors.
(b) The provisions of the Rules of Civil Procedure and all existing and future amendments of said Rules shall apply to all proceedings herein, except as otherwise provided in this Article."
Sec. 74. G.S. 19-18 reads as rewritten:
"§ 19-18. Judgment; limitation to district. - (a) In the event that the court or jury, as the case may be, fails to find the material attached as an exhibit to the complaint to be harmful to minors, the court shall enter judgment accordingly and shall dismiss the complaint.
(b) In the event that the court or jury, as the case may be, finds the material attached as an exhibit to the complaint to be harmful to minors, the court shall enter judgment to such effect and may, in such judgment or in subsequent orders of enforcement thereof, enter a permanent injunction against any respondent prohibiting him from selling, commercially distributing, or giving away such material to minors or from permitting minors to inspect such material.
(c) No interlocutory
order, judgment, or subsequent order of enforcement thereof, entered pursuant
to the provisions of this Article, shall be of any force and effect outside the
judicial district court district in which entered; and no such
order or judgment shall be res judicata in any proceeding in any
other judicial district court district."
Sec. 75. G.S. 20-16(d) reads as rewritten:
"(d) Upon suspending the
license of any person as hereinbefore in this section authorized, the Division
shall immediately notify the licensee in writing and upon his request shall
afford him an opportunity for a hearing, unless a preliminary hearing was held
before his license was suspended, as early as practical within not to exceed 30
days after receipt of such request. The hearing shall be conducted in the judicial
district district court district as defined in G.S. 7A-133 wherein
the licensee resides. Hearings shall be rotated among all the counties within the
judicial that district if the judicial district contains more
than one county unless the Division and the licensee agree that such hearing
may be held in some other judicial district, and such notice shall
contain the provisions of this section printed thereon. Upon such hearing the
duly authorized agents of the Division may administer oaths and may issue
subpoenas for the attendance of witnesses and the production of relevant books
and papers and may require a reexamination of the licensee. Upon such hearing
the Division shall either rescind its order of suspension, or good cause
appearing therefor, may extend the suspension of such license. Provided further
upon such hearing, preliminary or otherwise, involving subsections (a)(1)
through (a)(10a) of this section, the Division may for good cause appearing in
its discretion substitute a period of probation not to exceed one year for the
suspension or for any unexpired period of suspension. Probation shall mean any
written agreement between the suspended driver and a duly authorized
representative of the Division and such period of probation shall not exceed
one year, and any violation of the probation agreement during the probation
period shall result in a suspension for the unexpired remainder of the
suspension period. The authorized agents of the Division shall have the same
powers in connection with a preliminary hearing prior to suspension as this subsection
provided in connection with hearings held after suspension."
Sec. 76. G.S. 20-16.2(e) reads as rewritten:
"(e) Right to Hearing in
Superior Court. - If the revocation is sustained after the hearing, the person
whose license has been revoked has the right to file a petition in the superior
court for a hearing de novo upon the issues listed in subsection
(d), in the same manner and under the same conditions as provided in G.S. 20-25
except that the de novo hearing is conducted in the judicial district
superior court district or set of districts as defined in G.S. 7A-41.1 where
the charge was made."
Sec. 77. G.S. 20-16.2(e1) reads as rewritten:
"(e1) Limited Driving Privilege after Six Months in Certain Instances. - A person whose driver's license has been revoked under this section may apply for and a judge authorized to do so by this subsection may issue a limited driving privilege if:
(1) At the time of the refusal he held either a valid driver's license or a license that had been expired for less than one year;
(2) At the time of the refusal, he had not within the preceding seven years been convicted of an offense involving impaired driving;
(3) At the time of the refusal, he had not in the preceding seven years willfully refused to submit to a chemical analysis under this section;
(4) The implied-consent offense charged did not involve death or critical injury to another person;
(5) The underlying charge for which the defendant was requested to submit to a chemical analysis has been finally disposed of:
a. Other than by conviction; or
b. By a conviction of impaired driving under G.S. 20-138.1, at a punishment level authorizing issuance of a limited driving privilege under G.S. 20-179.3(b), and he has complied with at least one of the mandatory conditions of probation listed for the punishment level under which he was sentenced;
(6) Subsequent to the refusal he has had no unresolved pending charges for or additional convictions of an offense involving impaired driving; and
(7) His license has been revoked for at least six months for the refusal.
Except as modified in this subsection, the provisions of G.S.
20-179.3 relating to the procedure for application and conduct of the hearing
and the restrictions required or authorized to be included in the limited
driving privilege apply to applications under this subsection. If the case was
finally disposed of in the district court, the hearing must be conducted in the
district district court district as defined in G.S. 7A-133 in
which the refusal occurred by a district court judge. If the case was finally
disposed of in the superior court, the hearing must be conducted in the district
superior court district or set of districts as defined in G.S. 7A-41.1 in
which the refusal occurred by a superior court judge. A limited driving
privilege issued under this section authorizes a person to drive if his license
is revoked solely under this section or solely under this section and G.S.
20-17(2). If the person's license is revoked for any other reason, the limited
driving privilege is invalid."
Sec. 78. G.S. 20-179.3(d) reads as rewritten:
"(d) Application for and Scheduling of Subsequent Hearing. - The application for a limited driving privilege made at any time after the day of sentencing must be filed with the clerk in duplicate, and no hearing scheduled may be held until a reasonable time after the clerk files a copy of the application with the district attorney's office. The hearing must be scheduled before:
(1) The presiding judge at
the applicant's trial if that judge is assigned to a court in the judicial
district district court district as defined in G.S. 7A-133 or superior
court district or set of districts as defined in G.S. 7A-41.1, as the case may
be, in which the conviction for impaired driving was imposed.
(2) The senior regular
resident superior court judge of the district superior court district
or set of districts as defined in G.S. 7A-41.1 in which the conviction for
impaired driving was imposed, if the presiding judge is not available within
the district and the conviction was imposed in superior court.
(3) The chief district
court judge of the district district court district as defined in
G.S. 7A-133 in which the conviction for impaired driving was imposed, if
the presiding judge is not available within the district and the conviction was
imposed in district court.
If the applicant was convicted of an offense in another
jurisdiction, the hearing must be scheduled before the chief district court
judge of the district district court district as defined in G.S.
7A-133 in which he resides. G.S. 20-16.2(e1) governs the judge before whom a
hearing is scheduled if the revocation was under G.S. 20-16.2(d). The hearing
may be scheduled in any county within the judicial district district
court district as defined in G.S. 7A-133 or superior court district or set of
districts as defined in G.S. 7A-41.1, as the case may be."
Sec. 79. G.S. 20-16.4 reads as rewritten:
"§ 20-16.4. Revocation for failure to complete Alcohol and Drug Education Traffic School. - (a) Division Must Revoke upon Notice of Willful Failure. - Upon receipt of notice from an Alcohol and Drug Education Traffic School that a person assigned to the school as a court-imposed condition of probation has willfully failed to complete the program of instruction at the school successfully, the Division must revoke the person's driver's license for 12 months. A limited driving privilege does not authorize a person to drive while his license is revoked pursuant to the provisions of this section.
(b) Right of Notification and Hearing. - Upon receipt of a properly executed notice of failure from the school, the Division must expeditiously notify the person that his license is revoked for 12 months, effective on the tenth calendar day after the mailing of the revocation order unless, before the effective date of the order, the person requests in writing a hearing before the Division. If the person properly requests a hearing, he retains his license, unless it is revoked under some other provision of law, until the hearing is held, the person withdraws the request, or he fails to appear at a scheduled hearing. The hearing officer may subpoena any witnesses or documents he deems necessary. The person may request the hearing officer to subpoena the appropriate school personnel to appear in person at the hearing if he makes the request in writing at least three days before the hearing. The person may subpoena any other witness he deems necessary, and the provisions of G.S. 1A-1, Rule 45, apply to the issuance and service of all subpoenas issued under the authority of this section.
(c) Hearing Procedures; Issues. - The hearing officer is authorized to administer oaths to witnesses appearing at the hearing. The hearing must be conducted in the county where the school is located, and must be limited to consideration of whether:
(1) The person was validly assigned to the school by a court;
(2) The person failed to complete the course of instruction successfully; and
(3) The failure was willful.
If the Division finds that the conditions specified in this
subsection are met, it must order the revocation sustained. If the Division
finds that any of the conditions is not met, it must rescind the revocation. If
the revocation is sustained, the person must surrender his license immediately
upon notification by the Division. The person may file a petition in superior
court for a de novo review of the issues listed in this section, in the
same manner and under the same conditions as provided in G.S. 20-25, except
that the hearing must be held in the judicial district superior court
district or set of districts as defined in G.S. 7A-41.1 in which the school
is located.
(d) When Failure Not Willful. - A failure to complete the course of instruction successfully is not willful if it is based solely on a failure:
(1) To pay the prescribed fee and the person was unable to pay after making reasonable efforts to secure funds to pay it; or
(2) To attend classes and the person was unable to attend because of reasons over which he had no control other than alcoholism or drug abuse."
Sec. 80. G.S. 20-16.5(g) reads as rewritten:
"(g) Hearing before
Magistrate or Judge if Person Contests Validity of Revocation. - A person whose
license is revoked under this section may request in writing a hearing to
contest the validity of the revocation. The request may be made at the time of
the person's initial appearance, or within 10 days of the effective date of the
revocation to the clerk or a magistrate designated by the clerk, and may
specifically request that the hearing be conducted by a district court judge.
The Administrative Office of the Courts must develop a hearing request form for
any person requesting a hearing. Unless a district court judge is requested,
the hearing must be conducted within the county by a magistrate assigned by the
chief district judge to conduct such hearings. If the person requests that a
district court judge hold the hearing, the hearing must be conducted within the
judicial district district court district as defined in G.S. 7A-133 by
a district court judge assigned to conduct such hearings. The revocation
remains in effect pending the hearing, but the hearing must be held within
three working days following the request if the hearing is before a magistrate
or within five working days if the hearing is before a district court judge.
The request for the hearing must specify the grounds upon which the validity of
the revocation is challenged and the hearing must be limited to the grounds
specified in the request. A witness may submit his evidence by affidavit unless
he is subpoenaed to appear. Any person who appears and testifies is subject to
questioning by the judicial official conducting the hearing, and the judicial
official may adjourn the hearing to seek additional evidence if he is not
satisfied with the accuracy or completeness of evidence. The person contesting
the validity of the revocation may, but is not required to, testify in his own
behalf. Unless contested by the person requesting the hearing, the judicial
official may accept as true any matter stated in the revocation report. If any
relevant condition under subsection (b) is contested, the judicial official
must find by the greater weight of the evidence that the condition was met in
order to sustain the revocation. At the conclusion of the hearing the judicial
official must enter an order sustaining or rescinding the revocation. The
judicial official's findings are without prejudice to the person contesting the
revocation and to any other potential party as to any other proceedings, civil
or criminal, that may involve facts bearing upon the conditions in subsection
(b) considered by the judicial official. The decision of the judicial official
is final and may not be appealed in the General Court of Justice. If the
hearing is not held and completed within three working days of the written
request for a hearing before a magistrate or within five working days of the
written request for a hearing before a district court judge, the judicial
official must enter an order rescinding the revocation, unless the person
contesting the revocation contributed to the delay in completing the hearing.
If the person requesting the hearing fails to appear at the hearing or any
rescheduling thereof after having been properly notified, he forfeits his right
to a hearing."
Sec. 81. G.S. 20-81(3) reads as rewritten:
"(3) Judicial. - Official plates issued to the judiciary shall be issued as follows:
a. Appellate division. - Official plates that shall be issued upon request to the Chief Justice and Associate Justices of the Supreme Court of North Carolina and the Chief Judge and Associate Judges of North Carolina Court of Appeals shall bear the letter 'J' followed by numerical designation from 1 through 19. The Chief Justice upon request shall be issued the plate bearing number 1 and the remaining plates shall first be issued upon request to the Associate Justices on the basis of seniority. The Chief Judge shall be issued upon request the next such judicial plate and the remaining plates shall be issued upon request to the Associate Judges on the basis of seniority. Retired members of the Supreme Court and the Court of Appeals shall receive an official plate upon request similar in every respect to the plate issued to the regular justices and judges bearing the numerical designation of his or her position of seniority at the time of retirement except that the numerical designation shall be followed with the letter 'X'. Official plate J-20 may be issued upon request to the Director of the Administrative Office of the Courts.
b. Superior
court. - Official plates shall be issued to the various senior resident judges
of the superior court superior court judges upon request and shall
bear the letter 'J' followed by a numerical designation which for a district
as defined in G.S. 7A-41.1(a) shall be equal to the sum of the numerical
designation of their respective judicial districts plus 20. Where there is more
than one regular resident superior court judge of the superior
court within a for such a district, official plates shall upon
request be issued to other resident judges serving within of the
district similar to the official plate to be issued upon request to the senior
resident superior court judge of the district except the numerical
designation on each subsequent plate shall be followed by a hyphen and a letter
of the alphabet beginning with the letter 'A', which shall be indicative
of the recipient's position as to seniority. The numerical designation for
the senior resident superior court judge for a set of districts as defined in
G.S. 7A-41.1(a) shall be equal to the sum of 20 plus the numerical designation
which the districts in the set have in common and shall be followed by no
letter, and the numerical designation for each other regular resident superior
court judge of the set of districts shall have the same numerical designation
as that of the senior resident superior court judge and shall be followed by a
hyphen and a letter of the alphabet beginning with the letter 'A' which shall
indicate the recipient's position as to seniority among all of the regular
resident superior court judges of the set of districts and shall not
necessarily correspond with the letter designation of the superior court district
established under G.S. 7A-41 for which he is a resident judge, provided that in
the set of districts 7B and 7C, the senior resident superior court judge for
that set shall be issued on request an official plate bearing the designation
27BC following the letter 'J', and all other resident superior court judges of
the set shall be issued on request an official plate bearing that designation
followed by a hyphen and a letter of the alphabet beginning with the letter 'A'
indicating that judge's position as to seniority among all the regular resident
superior court judges of that set. Special judges and emergency judges of
the superior court shall be issued an official plate bearing the letter 'J'
with a numerical designation as designated by the Administrative Office of the
Courts with the approval of the Chief Justice of the Supreme Court of North
Carolina. Retired judges shall be issued a similar plate except that the
numerical designation shall be followed by the letter 'X'.
c. North
Carolina district court judges. - An official plate shall be issued upon
request to each chief judge of the district courts of North Carolina which
shall bear the letter 'J' followed by a numerical designation equal to the sum
of the numerical designation of their respective judicial district
court districts plus 100 and all other judges of the district courts
serving within the same judicial district court district shall,
upon request, be issued an official plate bearing the same letter and numerical
designation as appears on the official plate issued to the chief district judge
of the judicial district court district except that on each
subsequent official plate issued within a district, the numerical designation
shall be followed by a letter of the alphabet beginning with the letter 'A'
which shall be indicative of the recipient's position as to seniority. Retired
judges shall be issued a similar plate except that the numerical designation
shall be followed by the letter 'X'.
c1. Clerks of Superior Court. Official plates shall be issued upon request to the various clerks of superior court which plate shall bear the words 'Clerk Superior Court', followed by the numerical designation of their respective counties in alphabetical order, beginning with 100 and preceded by the letter 'C'.
d. District
attorneys. - Official plates shall be issued upon request to the various
district attorneys which plates shall bear the letters 'DA', followed by
a numerical designation indicative of their judicial prosecutorial district.
e. United States judges. - Official plates shall be issued upon request to Justices of the United States Supreme Court, Judges of the United States Circuit Court of Appeals and to the District Judges of the United States District Courts residing in North Carolina and shall bear the words 'U.S. Judge', followed by a numerical designation beginning with the number "1" which shall be indicative of the judge's seniority position as to the date he began continuous service as a United States Judge as designated by the Secretary of State. Retired judges and judges who have taken senior status shall be issued similar plates except that the numerical designation shall be based upon the date of such retirement or assumption of senior status and shall follow the numerical designation of active justices and judges.
f. United States attorneys. - Official plates shall be issued upon request to the United States Attorneys, which plates shall bear the letters, 'U.S. Attorney', followed by a numerical designation indicative of their district, with 1 being the Eastern District, 2 being the Middle District, and 3 being the Western District.
g. United States marshals. - Official plates shall be issued upon request to the United States Marshals, which plates shall bear the letters, 'U.S. Marshal', followed by a numerical designation indicative of their district, with 1 being the Eastern District, 2 being the Middle District, and 3 being the Western District."
Sec. 82. G.S. 20-179.4 reads as rewritten:
"§ 20-179.4. Community service alternative punishment; responsibilities of the Department of Crime Control and Public Safety; fee. - (a) The Department of Crime Control and Public Safety must conduct a community service alternative punishment program for persons sentenced under G.S. 20-179(i), (j) or (k).
(b) The Secretary of
Crime Control and Public Safety must assign at least one coordinator to each judicial
district district court district as defined in G.S. 7A-133 to assure
and report to the court the person's compliance with the community service
sentence. The appointment of each coordinator is subject to the approval of the
chief district court judge. Each county must provide office space in the
courthouse or other convenient place, necessary equipment, and secretarial
service for the use of each coordinator assigned to that county.
(c) A fee of one hundred dollars ($100.00) must be paid by all persons serving a community service sentence. That fee must be paid to the clerk of court in the county in which the person is convicted. The fee must be paid in full within two weeks unless the court, upon a showing of hardship by the person, allows him additional time to pay the fee. The person may not be required to pay the fee before he begins the community service unless the court specifically orders that he do so. If the person is also ordered to attend an Alcohol and Drug Education Traffic School established pursuant to G.S. 20-179.2, the fee for supervision of community service punishment is fifty dollars ($50.00).
(d) Fees collected under this section must be deposited in the general fund.
(e) The coordinator must report to the court in which the community service was ordered a significant violation of the terms of the probation judgment related to community service. In such cases, the court must conduct a hearing to determine if there is a willful failure to comply. If the court determines there is a willful failure to pay the prescribed fee or to complete the work as ordered by the coordinator within the applicable time limits, the court must revoke any limited driving privilege issued in the impaired driving case, and in addition may take any further action authorized by Article 82 of General Statutes Chapter 15A for violation of a condition of probation."
Sec. 83. G.S. 35A-1307 reads as rewritten:
"§ 35A-1307. Spouse of incompetent
husband or wife entitled to special proceeding for sale of property. - Every married person whose husband or wife is
adjudged incompetent and is confined in a mental hospital or other institution
in this State, and who was living with the incompetent spouse at the time of
commitment shall, if he or she be in needy circumstances, have the right to
bring a special proceeding before the clerk to sell the property of the
incompetent spouse, or so much thereof as is deemed expedient, and have the
proceeds applied for support: Provided, that said proceeding shall be approved
by the judge of the superior court holding the courts of the judicial
district superior court district or set of districts as defined in G.S.
7A-41.1 where the said property is situated. When the deed of the
commissioner appointed by the court, conveying the lands belonging to the
incompetent spouse is executed, probated, and registered, it conveys a good and
indefeasible title to the purchaser."
Sec. 84. G.S. 35A-1311 reads as rewritten:
"§ 35A-1311. General law
applicable; approved by judge. - The
proceedings herein provided for shall be conducted under and shall be governed
by laws pertaining to special proceedings, and it shall be necessary for any
sale or mortgage or other conveyance herein authorized to be approved by the
resident judge or the judge holding the courts in the judicial district a
superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S.
7A-48 in the district or set of districts as defined in G.S. 7A-41.1 wherein
the property or any part of same is located.
Sec. 85. G.S. 36A-13 reads as rewritten:
"§ 36A-13. Removal of fiduciary funds from this State. - Unless the creating instrument contains an express prohibition or provides a method of removal, when any personal property in this State is vested in a resident trustee, guardian, or other fiduciary, the clerk of superior court of the county in which the fiduciary resides may, on petition filed for that purpose by the fiduciary, beneficiary, ward, or other interested person, order the said fiduciary or his personal representative to pay, transfer, and deliver the said property or any part of it, to a nonresident fiduciary appointed by a court of record in another state; provided the clerk of superior court finds that such removal is in accord with the express or implied intention of the settlor, would aid the efficient administration of the trust, or is otherwise in the best interests of the beneficiaries, and further provided that,
(1) No such order of any
clerk of superior court shall be valid and in force until approved by the resident
judge of said judicial district, or the judge holding court in such district a
superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S.
7A-48 in that county; and
(2) No such order shall be made, in the case of a petition, until after a hearing, as to which notice of the application shall have been given to all persons interested in such property as required in other special proceedings; and
(3) Such order may be conditioned on the appointment of a fiduciary in the state to which the property is to be removed and shall be subject to such other terms and conditions as the clerk of superior court deems appropriate for protection of the property and interests of the beneficiaries, provided any North Carolina beneficiary may require that a bond be posted prior to such removal in an amount sufficient to protect his interest, the premium for which shall be charged against his interest."
Sec. 86. G.S. 50-30 reads as rewritten:
"§ 50-30. Findings; policy; and purpose. - (a) Findings. - The General Assembly makes the following findings:
(1) There is a strong public interest in providing fair, efficient, and swift judicial processes for establishing and enforcing child support obligations. Children are entitled to support from their parents, and court assistance is often required for the establishment and enforcement of parental support obligations. Children who do not receive support from their parents often become financially dependent on the State.
(2) The State shall have
laws that meet the federal requirements on expedited processes for obtaining
and enforcing child support orders for purposes of federal reimbursement under
Title IV-D of the Social Security Act, 42 U.S.C. § 66(a)(2). The Secretary of
the Department of Health and Human Services may waive the expedited process
requirement with respect to one or more judicial districts district
court district as defined in G.S. 7A-133 on the basis of the effectiveness
and timeliness of support order issuance and enforcement within the district.
(3) The State has a strong financial interest in complying with the expedited process requirement, and other requirements, of Title IV-D of the Social Security Act, but the State would incur substantial expense in creating statewide an expedited child support process as defined by federal law.
(4) The State's judicial system is largely capable of processing child support cases in a timely and efficient manner and has a strong commitment to an expeditious system.
(5) The substantial expense the State would incur in creating a new system for obtaining and enforcing child support orders would be reduced and better spent by improving the present system.
(b) Purpose and Policy. -
It is the policy of this State to ensure, to the maximum extent possible, that
child support obligations are established and enforced fairly, efficiently, and
swiftly through the judicial system by means that make the best use of the State's
resources. It is the purpose of this Article to facilitate this policy. The
Administrative Office of the Courts and judicial officials in each judicial
district district court district as defined in G.S. 7A-133 shall
make a diligent effort to ensure that child support cases, from the time of
filing to the time of disposition, are handled fairly, efficiently, and
swiftly. The Administrative Office of the Courts and the Department of Human
Resources shall work together to improve procedures for the handling of child
support cases in which the State or county has an interest, including all cases
that qualify in any respect for federal reimbursement under Title IV-D of the
Social Security Act."
Sec. 87. G.S. 50-33 reads as rewritten:
"§ 50-33. Waiver of expedited process requirement. - (a) DHR to Seek Waiver. - The Department of Human Resources, with the assistance of the Administrative Office of the Courts, shall vigorously pursue application to the Secretary of the Department of Health and Human Services for waivers of the federal expedited process requirement.
(b) Districts That Do Not
Qualify. - In any judicial district district court district as
defined in G.S. 7A-133 that does not qualify for a waiver of the federal
expedited process requirement, an expedited process shall be established as
provided in G.S. 50-34."
Sec. 88. G.S. 50-34 reads as rewritten:
"§ 50-34. Establishment of an
expedited process. - (a) Districts Required to Have Expedited Process. - In any judicial district district court
district as defined in G.S. 7A-133 that is required by G.S. 50-33(b) to
establish an expedited child support process, the Director of the
Administrative Office of the Courts shall notify the chief district court judge
and the clerk or clerks of superior court in the district in writing of the
requirement. The Director of the Administrative Office of the Courts, the chief
district court judge, and the clerk or clerks of superior court in the district
shall implement an expedited child support process as provided in this section.
(b) Procedure for
Establishing Expedited Process. - When a judicial district district
court district as defined in G.S. 7A-133 is required to implement an
expedited process, the Director of the Administrative Office of the Courts, the
chief district judge, and the clerk of superior court in an affected county
shall determine by agreement whether the child support hearing officer or
officers for that county shall be one or more clerks or one or more
magistrates. If such agreement has not been reached within 15 days after the
notice required by subsection (a) when implementation is required, the Director
of the Administrative Office of the Courts shall make the decision. If it is
decided that the hearing officer or officers for a county shall be magistrates,
the chief district judge, the clerk of superior court, and the Director of the
Administrative Office of the Courts shall ensure his or their qualification for
the position. If it is decided that the hearing officer or officers for a
county shall be the clerk or assistant clerks, the clerk of superior court in
the county shall designate the person or persons to serve as hearing officer,
and the chief district judge, the clerk of superior court, and the Director of
the Administrative Office of the Courts shall ensure his or their qualification
for the position.
(c) Public To Be
Informed. - When an expedited process is to be implemented in a county or judicial
district district court district as defined in G.S. 7A-133, the chief
district court judge, the clerk or clerks of superior court in affected
counties in the district, and the Administrative Office of the Courts shall
take steps to ensure that attorneys, the general public, and parties to pending
child support cases in the county or district are informed of the change in
procedures and helped to understand and use the new system effectively. (1985
(Reg. Sess., 1986), c. 993, s. 1.)"
Sec. 89. G.S. 50-36 reads as rewritten:
"§ 50-36. Child support procedures
in districts with expedited process.-(a) Scheduling of Cases. - The procedures of this section shall apply to all
child support cases in any judicial district district court district
as defined in G.S. 7A-133 or county in which an expedited process has been
established. All claims for the establishment or enforcement of a child support
obligation, whether the claim is made in a separate action or as part of a
divorce or any other action, shall be scheduled for hearing before the child
support hearing officer. The initiating party shall send a notice of the date,
time, and place of the hearing to all other parties. Service of process shall
be made and notices given as provided by G.S. 1A-1, Rules of Civil Procedure.
(b) Place of Hearing. - The hearing before the child support hearing officer need not take place in a courtroom, but shall be conducted in an appropriate judicial setting.
(c) Hearing Procedures. - The hearing of a case before a child support officer is without a jury. The rules of evidence applicable in the trial of civil actions generally are observed; however, the hearing officer may require the parties to produce and may consider financial affidavits, State and federal tax returns, and other financial or employment records. Except as otherwise provided in this Article, the hearing officer shall determine the parties' child support rights and obligations and enter an appropriate order based on the evidence and the child support laws of the State. All parties shall be provided with a copy of the order.
(d) Record of Proceeding. - The record of a proceeding before a child support hearing officer shall consist of the pleadings filed in the child support case, documentation of proper service or notice or waiver, and a copy of the hearing officer's order. No verbatim recording or transcript shall be required or provided at State expense.
(e) Transfer to District Court Judge. - Upon his own motion or upon motion of any party, the hearing officer shall transfer a case for hearing before a district court judge when the case involves:
(1) A contested paternity action;
(2) A custody dispute;
(3) Contested visitation rights;
(4) The ownership, possession, or transfer of an interest in property to satisfy a child support obligation; or
(5) Other complex issues.
Upon ordering such a transfer, except in cases of contested paternity, the hearing officer shall also enter a temporary order that provides for the payment of a money amount or otherwise addresses the child's need for support pending the resolution of the case by the district court judge. The chief district court judge shall establish a procedure for such transferred cases to be given priority for hearing before a district court judge."
Sec. 90. G.S. 53-100 reads as rewritten:
"§ 53-100. General or special investigations of insolvent banks. - Whenever it may appear to be to the public interest, the Governor may cause a general or special investigation to be made of the affairs of any insolvent bank or banks, singly or in related groups, with a view to discovering and establishing the causes of the failure of such bank or banks, and responsibility therefor; and of discovering the dealings with such banks of persons, officers, corporations or municipalities which may have led to such insolvency or which may have endangered or involved any public funds therein. The Governor may assign counsel who shall prosecute such inquiry before the Commissioner of Banks, or a deputy or commissioner appointed by the Commissioner of Banks for the purpose; and the Commissioner of Banks is hereby empowered to conduct such investigation either in person or through such commissioner or deputy appointed by him. The inquiry shall be held at the office of the Commissioner of Banks in the City of Raleigh or at any other place or places in the State designated by the Commissioner of Banks under such rules and regulations as the State Banking Commission may prescribe and may be adjourned from time to time as convenience may require. Attendance of witnesses and production of papers may be required by subpoena under the hand of the Commissioner or his deputy, and on failure of any witness to appear as subpoenaed or his or her failure to produce any books or papers, as called for by such Commissioner or deputy on subpoena or other order due notice shall be served, at the instance of such Commissioner or deputy, of not less than three days to appear before a judge of the superior court residing in or holding courts within the district wherein such witness is subpoenaed or notified to appear or produce such records or papers, on a day certain and a place named, when such judge shall hear the matter and is authorized to punish such witness as for contempt as he may find on such hearing.
A summary of such investigation shall be made with the
findings and recommendations of the Commissioner thereon, and a copy thereof
submitted to the Governor, and when the facts shall disclose that any person or
persons are criminally responsible, a summary shall be sent to the district
attorney of the judicial district prosecutorial district as defined
in G.S. 7A-60 likely to have jurisdiction of the matter, whose duty it
shall be to have the matter presented to the grand jury for its action. The
Governor may employ counsel to assist in the prosecution of any person or
persons criminally responsible and fix his compensation and the manner of its
payment."
Sec. 91. G.S. 53-121 reads as rewritten:
"§ 53-121. Examiners may make
arrest. - When it shall appear to any
examiner, by examination or otherwise, that any officer, agent, employee,
director, stockholder, or owner of any bank has been guilty of a violation of
the criminal laws of this State relating to banks, it shall be his duty, and he
is hereby empowered to hold and detain such person or persons until a warrant
can be procured for his arrest; and for such purposes such examiners shall have
and possess all the powers of peace officers of such county, and may make
arrest without warrant for past offenses. Upon report of his action to the
Commissioner of Banks, said Commissioner may direct the release of the person
or persons so held, or, if in his judgment such person or persons should be
prosecuted, the Commissioner of Banks shall cause the district attorney of the judicial
prosecutorial district in which such detention is had to be promptly
notified, and the action against such person or persons shall be continued a
reasonable time to enable the district attorney to be present at the
trial."
Sec. 92. G.S. 62-98 reads as rewritten:
"§ 62-98. Peremptory mandamus to
enforce order, when no appeal. - (a) If no
appeal is taken from an order or decision of the Commission within the time
prescribed by law and the person to which the order or decision is directed
fails to put the same in operation, as therein required, the Commission may
apply to the judge regularly assigned to the superior court district which
includes Wake County, or to the resident judge of said district at chambers, or
to the judge holding the superior court in any judicial district in which the
business is conducted a superior court judge who has jurisdiction
pursuant to G.S. 7A-47.1 or G.S. 7A-48 in Wake County or in the district or set
of districts as defined in G.S. 7A-41.1 in which the business is conducted, upon
10 days' notice, for a peremptory mandamus upon said person for the putting in
force of said order or decision; and if said judge shall find that the order of
said Commission was valid and within the scope of its powers, he shall issue
such peremptory mandamus.
(b) An appeal shall lie to the Court of Appeals in behalf of the Commission, or the defendant, from the refusal or the granting of such peremptory mandamus. The remedy prescribed in this section for enforcement of orders of the Commission is in addition to other remedies prescribed by law."
Sec. 93. G.S. 62-118 reads as rewritten:
"§ 62-118. Abandonment and reduction of service. - (a) Upon finding that public convenience and necessity are no longer served, or that there is no reasonable probability of a public utility realizing sufficient revenue from a service to meet its expenses, the Commission shall have power, after petition and notice, to authorize by order any public utility to abandon or reduce such service. Upon request from any party having an interest in said utility service, the Commission shall hold a public hearing on such petition, and may on its own motion hold a public hearing on such petition. Provided, however, that abandonment or reduction of service of motor carriers shall not be subject to this section, but shall be authorized only under the provisions of G.S. 62-262(h) and G.S. 62-262.2.
(b) If any person or
corporation furnishing water or sewer utility service under this Chapter shall
abandon such service without the prior consent of the Commission, and the
Commission subsequently finds that such abandonment of service causes an
emergency to exist, the Commission may, unless the owner or operator of the
affected system consents, apply in accordance with G.S. 1A-1, Rule 65, to the
resident superior court judge of any judicial district where such person or
corporation operates, or to any superior court judge holding court in
such judicial district a superior court judge who has jurisdiction
pursuant to G.S. 7A-47.1 or 7A-48 in the district or set of districts as
defined in G.S. 7A-41.1 in which the person or corporation so operates, for
an order restricting the lands, facilities and rights-of-way used in furnishing
said water or sewer utility service to continued use in furnishing said service
during the period of the emergency. An emergency is defined herein as the
imminent danger of losing adequate water or sewer utility service or the actual
loss thereof. The court shall have jurisdiction to restrict the lands,
facilities, and rights-of-way to continued use in furnishing said water or
sewer utility service by appropriate order restraining their being placed to
other use, or restraining their being prevented from continued use in
furnishing said water or sewer utility service, by any person, corporation, or
their representatives. The court may, in its discretion, appoint an emergency
operator to assure the continued operation of such water or sewer utility
service. The court shall have jurisdiction to require that reasonable
compensation be paid to the owner, operator or other party entitled thereto for
the use of any lands, facilities, and rights-of-way which are so restricted to
continued use for furnishing water or sewer utility service during the period
of the emergency, and it may require the emergency operator of said lands,
facilities, and rights-of-way to post bond in an amount required by the court.
In no event shall such compensation, for each month awarded, exceed the net
average monthly income of the utility for the 12-month period immediately
preceding the order restricting use.
(c) Whenever the Commission, upon complaint or investigation upon its own motion, finds that the facilities being used to furnish water or sewer utility service are inadequate to such an extent that an emergency (as defined in G.S. 62-118(b) above) exists, and further finds that there is no reasonable probability of the owner or operator of such utility obtaining the capital necessary to improve or replace the facilities from sources other than the customers, the Commission shall have the power, after notice and hearing, to authorize by order that such service be abandoned or reduced to those customers who are unwilling or unable to advance their fair share of the capital necessary for such improvements. The amount of capital to be advanced by each customer shall be subject to approval by the Commission, and shall be advanced under such conditions as will enable each customer to retain a proprietary interest in the system to the extent of the capital so advanced. The remedy prescribed in this subsection is in addition to other remedies prescribed by law."
Sec. 94. G.S. 62-260(d) reads as rewritten:
"(d) The venue for any
action commenced to enforce compliance with the terms of this Article against
any person purporting to operate under any of the exemptions provided in this
section shall be in one of the counties of the judicial district superior
court district or set of districts as defined in G.S. 7A-41.1 wherein the
violation is alleged to have taken place and such person shall be entitled to
trial by jury."
Sec. 95. G.S. 62-279 reads as rewritten:
"§ 62-279. Injunction for unlawful
operations. - If any motor carrier, or any other
person or corporation, shall operate a motor vehicle in violation of any
provision of this Chapter applicable to motor carriers or motor vehicles
generally, except as to the reasonableness of rates or charges and the
discriminatory character thereof, or shall operate in violation of any rule,
regulation, requirement or order of the Commission, or of any term or condition
of any certificate or permit, the Commission or any holder of a certificate or
permit duly issued by the Commission may apply to the resident superior
court judge of any judicial district where such motor carrier or other person
or corporation so operates, or to any superior court judge holding court in
such judicial district a superior court judge who has jurisdiction
pursuant to G.S. 7A-47.1 or 7A-48 in the district or set of districts as
defined in G.S. 7A-41.1 in which the motor carrier or other person or
corporation so operates, for the enforcement of any provisions of this
Article, or of any rule, regulation, requirement, order, term or condition of
the Commission. Such court shall have jurisdiction to enforce obedience to this
Article or to any rule, order, or decision of the Commission by a writ of
injunction or other process, mandatory or otherwise, restraining such carrier,
person or corporation, or its officers, agents, employees and representatives
from further violation of this Article or of any rule, order, regulation, or
decision of the Commission."
Sec. 96. G.S. 62-310 reads as rewritten:
"§ 62-310. Public utility violating any provision of Chapter, rules or orders; penalty; enforcement by injunction. - (a) Any public utility which violates any of the provisions of this Chapter or refuses to conform to or obey any rule, order or regulation of the Commission shall, in addition to the other penalties prescribed in this Chapter forfeit and pay a sum up to one thousand dollars ($1,000) for each offense, to be recovered in an action to be instituted in the Superior Court of Wake County, in the name of the State of North Carolina on the relation of the Utilities Commission; and each day such public utility continues to violate any provision of this Chapter or continues to refuse to obey or perform any rule, order or regulation prescribed by the Commission shall be a separate offense.
(b) If any person or
corporation shall furnish water or sewer utility service in violation of any
provision of this Chapter applicable to water or sewer utilities, except as to
the reasonableness of rates or charges and the discriminatory character
thereof, or shall provide such service in violation of any rule, regulation or
order of the Commission, the Commission shall apply to the resident superior
court judge of any judicial district where such person or corporation so
operates, or to any superior court judge holding court in such judicial
district a superior court judge who has jurisdiction pursuant to G.S.
7A-47.1 or 7A-48 in the district or set of districts as defined in G.S. 7A-41.1
in which the person or corporation so operates, for the enforcement of any
provision of this Chapter or of any rule, regulation or order of the
Commission. The court shall have jurisdiction to enforce obedience to this
Chapter or to any rule, regulation or order of the Commission by appropriate
writ, order or other process restraining such person, corporation, or their
representatives from further violation of this Chapter or of any rule,
regulation or order of the Commission."
Sec. 97. G.S. 75-86 reads as rewritten:
"§ 75-86. Private actions. - Any person, corporation, or other business entity
which is engaged in the sale of motor fuel for resale or consumption and which
is directly or indirectly injured by a violation of this Article may bring an
action in the judicial district district court district as defined in
G.S. 7A-133 or superior court district or set of districts as defined in G.S.
7A-41.1, as the case may be, where the violation is alleged to have
occurred to recover actual damages, exemplary damages, costs and reasonable
attorneys' fees. The court shall also grant such equitable relief as is proper,
including a declaratory judgment and injunctive relief. Any action under this
Article must be brought within one year of the alleged violation."
Sec. 98. G.S. 75D-5(f) reads as rewritten:
"(f) Seizure may be
effected by a law enforcement officer authorized to enforce the penal laws of
this State prior to the filing of the complaint and without a writ of seizure
if the seizure is incident to a lawful arrest, search, or inspection and the
officer has probable cause to believe the property is subject to forfeiture and
will be lost or destroyed if not seized. Within 24 hours of the time of
seizure, the seizure shall be reported by the officer to the district attorney
of the judicial district prosecutorial district as defined in G.S.
7A-60 in which the seizure is effected who shall immediately report such
seizure to the Attorney General. The Attorney General shall, within 30 days
after receiving notice of seizure, examine the evidence surrounding such
seizure, and if he believes reasonable ground exists for forfeiture under this
Chapter, shall file a complaint for forfeiture. The complaint shall state, in
addition to the information required in subsection (e) of this section, the
date and place of seizure."
Sec. 99. G.S. 75D-5(j) reads as rewritten:
"(j) Subject to the requirement of protecting the interest of all innocent parties, the court may, after judgment of forfeiture, make any of the following orders for disposition of the property:
(1) Destruction of the property or contraband, the possession of, or use of, which is illegal;
(2) Retention for official use by a law enforcement agency, the State or any political subdivision thereof. When such agency or political subdivision no longer has use for such property, it shall be disposed of by judicial sale as provided in Article 29A of Chapter 1 of the General Statutes of North Carolina, and the proceeds shall be paid to the State Treasurer;
(3) Transfer to the
Department of Archives and History Cultural Resources of property
useful for historical or instructional purposes;
(4) Retention of the property by any innocent party having an interest therein, including the right to restrict sale of an interest to outsiders, such as a right of first refusal, upon payment or approval of a plan for payment into court of the value of any forfeited interest in the property. The plan may include, in the case of an innocent party who holds an interest in the property through an estate by the entirety, or an undivided interest in the property, or a lien on or security interest in the property, the sale of the property by the innocent party under such terms and conditions as may be prescribed by the court and the payment into court of any proceeds from such sale over and above the amount necessary to satisfy the divided ownership value of the innocent party's interest or the lien or security interest. Proceeds paid into the court must then be paid to the State Treasurer;
(5) Judicial sale of the property as provided in Article 29A of Chapter 1 of the General Statutes of North Carolina, with the proceeds being paid to the State Treasurer;
(6) Transfer of the property to any innocent party having an interest therein equal to or greater than the value of the property; or
(7) Any other disposition of the property which is in the interest of substantial justice and adequately protects innocent parties, with any proceeds being paid to the State Treasurer."
Sec. 100. G.S. 90-14.12 reads as rewritten:
"§ 90-14.12. Injunctions. - The Board may appear in its own name in the superior
courts in an action for injunctive relief to prevent violation of this Article
and the superior courts shall have power to grant such injunctions regardless
of whether criminal prosecution has been or may be instituted as a result of
such violations. Actions under this section shall be commenced in the judicial
district superior court district or set of districts as defined in G.S.
7A-41.1 in which the respondent resides or has his principal place of
business or in which the alleged acts occurred."
Sec. 101. G.S. 90-121.1 reads as rewritten:
"§ 90-121.1. Board may enjoin
illegal practices. - In view of the fact that
the illegal practice of optometry imminently endangers the public health and
welfare, and is a public nuisance, the North Carolina State Board of Examiners
in Optometry may, if it shall find that any person is violating any of the
provisions of this Article, apply to the superior court for a temporary or
permanent restraining order or injunction to restrain such person from
continuing such illegal practices. If upon such application, it shall appear to
the court that such person has violated, or is violating, the provisions of
this Article, the court shall issue an order restraining any further violating
thereof. All such actions by the Board for injunctive relief shall be governed
by the provisions of Article 37 of the Chapter on "Civil
Procedure" Chapter 1 of the General Statutes: provided, such
injunctive relief may be granted regardless of whether criminal prosecution has
been or may be instituted under the provisions of G.S. 90-124. Actions under
this section shall be commenced in the judicial district superior
court district or set of districts as defined in G.S. 7A-41.1 in which the
respondent resides or has his principal place of business."
Sec. 102. G.S. 90-187.13 reads as rewritten:
"§ 90-187.13. Injunctions. - The Board may appear in its own name in the superior
courts in an action for injunctive relief to prevent violation of this Article
and the superior courts shall have power to grant such injunctions regardless
of whether criminal prosecution has been or may be instituted as a result of
such violations. Actions under this section shall be commenced in the judicial
district superior court district or set of districts as defined in G.S.
7A-41.1 in which the respondent resides or has his principal place of
business or in which the alleged acts occurred."
Sec. 103. G.S. 90-202.13 reads as rewritten:
"§ 90-202.13. Injunctions. - The Board may appear in its own name in the superior
courts in an action for injunctive relief to prevent violation of this Article
and the superior courts shall have power to grant such injunctions regardless
of whether criminal prosecution has been or may be instituted as a result of
such violations. Actions under this section shall be commenced in the judicial
district superior court district or set of districts as defined in G.S.
7A-41.1 in which the respondent resides or has his principal place of
business or in which the alleged acts occurred."
Sec. 104. G.S. 90A-66 reads as rewritten:
"§ 90A-66. Violations; penalty;
injunction. - Any person violating any of the
provisions of this Article or of the rules and regulations adopted by the Board
shall be guilty of a misdemeanor and punishable in the discretion of the court.
The Board may appear in its own name in the superior courts in an action for
injunctive relief to prevent violation of this Article and the superior courts
shall have power to grant such injunctions regardless of whether criminal
prosecution has been or may be instituted as a result of such violations.
Actions under this section shall be commenced in the judicial district superior
court district or set of districts as defined in G.S. 7A-41.1 in which the
respondent resides or has his principal place of business or in which the
alleged acts occurred."
Sec 105. G.S. 93D-4 reads as rewritten:
"§ 93D-4. Board may enjoin illegal
practices. - The Board may, if it finds that
any person is violating any of the provisions of this Chapter, apply to
superior court for a temporary or permanent restraining order or injunction to
restrain such persons from continuing such illegal practices. If upon
application, it appears to the court that such person has violated or is
violating the provisions of this Chapter, the court shall issue an order
restraining the sale or fitting of hearing aids or other conduct in violation
of this Chapter. All such actions by the Board for injunctive relief shall be
governed by the Rules of Civil Procedure and Article 37, Chapter 1 of the
General Statutes; provided, that injunctive relief may be granted regardless of
whether criminal prosecution has been or may be instituted under the provisions
of this Chapter. Actions under this section shall be commenced in the judicial
district superior court district or set of districts as defined in G.S.
7A-41.1 in which the respondent resides or has his principal place of
business."
Sec. 106. G.S. 95-123 reads as rewritten:
"§ 95-123. Orders. - If, after investigation, the Commissioner finds that
a violation of any of his rules and regulations exists, or that there is a
condition in passenger tramway construction, operation, or maintenance which
endangers the safety of the public, the Commissioner shall forthwith issue his
written order setting forth his findings, the corrective action to be taken,
and fixing a reasonable time for compliance therewith. The order shall be sent
to the affected operator by certified mail and shall become final unless the
operator contests the order by filing a petition for a contested case under
G.S. 150B-23 within 20 days after receiving the order. The Commissioner shall
have the power to institute injunctive proceedings in any court of competent
jurisdiction of the judicial district district court district as
defined in G.S. 7A-133 or superior court district or set of districts as
defined in G.S. 7A-41.1, as the case may be, in which the passenger tramway
is located for the purpose of restraining the operation of said tramway or for
compelling compliance with any lawful order of the Commissioner. Judicial
review of a final decision under this section may be obtained under Article 4
of Chapter 150B of the General Statutes."
Sec. 107. G.S. 105-77 reads as rewritten:
"§ 105-77. Tobacco warehouses. - (a) Every person, firm, or corporation engaged in the business of operating a warehouse for the sale of leaf tobacco upon commission shall, on or before the first day of July of each year, apply for and obtain from the Secretary of Revenue a State license for the privilege of operating such warehouse for the next ensuing year, and shall pay for such license the following tax:
For a warehouse in which was sold during the preceding year ending the first day of July:
Less than 1,000,000 pounds $ 50.00
1,000,000 pounds and less than 2,000,000 75.00
2,000,000 pounds and less than 3,000,000 175.00
3,000,000 pounds and less than 4,000,000 250.00
4,000,000 pounds and less than 5,000,000 400.00
5,000,000 pounds and less than 6,000,000 500.00
For all in excess of 6,000,000 pounds, five hundred dollars ($500.00) and six cents (6¢) per thousand pounds.
(b) If a new warehouse not in operation the previous year, the person, firm, or corporation operating such warehouse may procure a license by payment of the minimum tax provided in the foregoing schedule, and at the close of the season for sales of tobacco in such warehouse shall furnish the Secretary of Revenue a statement of the number of pounds of tobacco sold in such warehouse for the current year, and shall pay an additional license tax for the current year based on such total volume of sales in accordance with the schedule in this section.
If an old warehouse with new or changed ownership or management, the tax shall be paid according to the schedule in this section, based on the sale during the preceding year, just as if the old ownership or management had continued its operation.
(c) The Commissioner of Agriculture shall certify to the Secretary of Revenue, on or before the first day of July of each year, the name of each person, firm, or corporation operating a tobacco warehouse in each county in the State, together with the number of pounds of leaf tobacco sold by such person, firm, or corporation in each warehouse for the preceding year, ending on the first day of July of the current year.
(d) The Commissioner of
Agriculture shall report to the solicitor of any judicial district district
attorney of any prosecutorial district in which a tobacco warehouse is
located which the owner or operator thereof shall have failed to make a report
of the leaf tobacco sold in such warehouse during the preceding year, ending
the first day of July of the current year, and such solicitor district
attorney shall prosecute any such person, firm or corporation under the
provisions of this section.
(e) The tax levied in this section shall be based on official reports of each tobacco warehouse to the State Department of Agriculture showing amount of sales for each warehouse for the previous year.
(f) The Secretary of Revenue or his deputies shall have the right, and are hereby authorized, to examine the books and records of any person, firm, or corporation operating such warehouse, for the purpose of verifying the reports made and of ascertaining the number of pounds of leaf tobacco sold during the preceding year, or other years, in such warehouse.
(g) Any person, firm, or corporation who or which violates any of the provisions of this section shall, in addition to all other penalties provided for in this Article, be guilty of a misdemeanor, and upon conviction shall be fined not less than five hundred dollars ($500.00) and/or imprisoned, in the discretion of the court.
(h) No county shall levy any license tax on the business taxed under this section. Cities and towns may levy a tax not in excess of fifty dollars ($50.00) for each warehouse."
Sec. 108. G.S. 110-44.4 reads as rewritten:
"§ 110-44.4. Enforcement. - The provisions of this Article may be enforced by
the parent, guardian, or person standing in loco parentis to the child by
filing a civil action in the district court of the county where the child can
be found. Upon the institution of such action by a verified complaint, alleging
that the defendant child has left home or has left the place where he has been
residing and refuses to return and comply with the direction and control of the
plaintiff, the court may issue an order directing the child personally to
appear before the court at a specified time to be heard in answer to the
allegations of the plaintiff and to comply with further orders of the court.
Such orders shall be served by the sheriff upon the child and upon any other
person named as a party defendant in such action. At the time of the issuance
of the order directing the child to appear the court may in the same order, or
by separate order, order the sheriff to enter any house, building, structure or
conveyance for the purpose of searching for said child and serving said order
and for the purpose of taking custody of the person of said child in order to
bring said child before the court. Any order issued at said hearing shall be
treated as a mandatory injunction and shall remain in full force and effect
until the child reaches the age of 18, or until further orders of the court.
Within 30 days after the hearing on the original order, the child, or anyone
acting in his behalf, may file a verified answer to the complaint. Upon the
filing of an answer by or on behalf of said child, any district court judge holding
court in the county or judicial district district court district as
defined in G.S. 7A-133 where said action was instituted shall have
jurisdiction to hear the matter, without a jury, and to make findings of fact,
conclusions of law, and render judgment thereon. Any aggrieved party may within
the time allowed for appeal of civil actions generally appeal to the superior
court where trial shall be had without a jury. Appeals from the superior
court to the Court of Appeals shall be allowed as in civil actions generally.
The district judge issuing the original order or the district judge hearing the
matter after answer has been filed shall also have authority to order that any
person named defendant in the order or judgment shall not harbor, keep, or allow
the defendant child to remain on said person's premises or in said person's
home. Failure of any defendant to comply with the terms of said order or
judgment shall be punishable as for contempt."
Sec. 109. G.S. 115C-325(n) reads as rewritten:
(n) Appeal. - Any teacher
who has been dismissed or demoted pursuant to G.S. 115C-325(e)(2), or pursuant
to subsections (h), (k) or (l) of this section, or who has been suspended
without pay pursuant to G.S. 115C-325(a)(4), shall have the right to appeal
from the decision of the board to the superior court for the judicial
district superior court district or set of districts as defined in G.S.
7A-41.1 in which the teacher is employed. This appeal shall be filed within
a period of 30 days after notification of the decision of the board. The cost
of preparing the transcript shall be borne by the board. A teacher who has been
demoted or dismissed and who has not requested a hearing before the board of
education pursuant to this section shall not be entitled to judicial review of
the board's action."
Sec. 110. G.S. 115C-541 reads as rewritten:
"§ 115C-541. Adjustment of losses; determination and report of appraisers; payment of amounts to treasurers of local school administrative units; disbursement of funds. - In the event of loss or damage by fire, lightning, windstorm, hail, or explosions resulting from defects in equipment in public school buildings and properties for the local school administrative units, the Fund shall pay the loss in the same proportion as the amount of insurance carried bore to the valuation of the property at the time it was insured, but not exceeding the amount which it would cost to repair or replace the property with material of like quality within a reasonable time after such loss, not in excess of the amount of insurance provided for said property, and not in excess of the amount of such loss which the Fund is required to pay in participation with fire insurance companies having policies of insurance in force on said properties at the time of the loss or damage, and the Fund shall not be liable for a greater proportion of any loss than the amount of insurance thereon shall bear to the whole insurance covering the property against the peril involved.
In the event of loss or damage by fire, lightning, windstorm,
hail, or explosions resulting from defects in equipment in public school
buildings and properties of the local school administrative units, to the
property insured, when an agreement as to the extent of such loss or damage
cannot be arrived at between the State Board of Education and the local
officials having charge of the said property, the amount of such loss or damage
shall be determined by three appraisers; one to be named by the State Board of
Education, one by the local board of education having charge of the property,
and the two so appointed shall select a third, all of whom shall be
disinterested persons, and qualified from experience to appraise and value such
property: Provided, however, if the appraisers appointed by the State Board of
Education and the local board of education shall fail for 15 days to agree upon
the third appraiser, then, on request of the State Board of Education or the
local board of education having charge of the property, such third appraiser
shall be selected by the resident judge of the superior court of the
judicial district any regular resident superior court judge of the
superior court district or set of districts as defined in G.S. 7A-41.1 in
which the property is located. The appraisers so named shall file their written
report with the State Board of Education and with the local board of education
having such property in charge. The costs of the appraisal shall be paid by the
Fund. Upon the determination of the loss by the appraisers, the State Board of
Education shall pay the amount of such loss or damage to school property in the
control of the local school administrative unit to its treasurer, upon proper
warrant of the State Board of Education. Said funds shall be paid out by the
treasurer of said units, as provided by this Chapter for the disbursement of
the funds of such unit."
Sec. 111. G.S. 115D-12 reads as rewritten:
"§ 115D-12. Each institution to have board of trustees; selection of trustees. - (a) Each community college established or operated pursuant to this Chapter shall be governed by a board of trustees consisting of 13 members, or of additional members if selected according to the special procedure prescribed by the third paragraph of this subsection, who shall be selected by the following agencies.
Group One - four trustees, elected by the board of education of the public school administrative unit located in the administrative area of the institution. If there are two or more public school administrative units, whether city or county units, or both, located within the administrative area, the trustees shall be elected jointly by all of the boards of education of those units, each board having one vote in the election of each trustee, except as provided in G.S. 115D-59.
Group Two - four trustees, elected by the board of
commissioners of the county in which the institution is located. Provided,
however, if the administrative area of the institution is composed of two or
more counties, the trustees shall be elected jointly by the boards of
commissioners of all those counties, each board having one vote in the election
of each trustee. Provided, also, the county commissioners of the county in
which the community college has established a satellite campus may elect an
additional two members if the board of trustees of the community college
agrees. Should the boards of education or the boards of commissioners involved
be unable to agree on one or more trustees the senior resident superior court
judge in the judicial district superior court district or set of
districts as defined in G.S. 7A-41.1 where the institution is located shall
fill the position or positions by appointment.
Group Three - four trustees, appointed by the Governor.
Group Four - the president of the student government or the chairman of the executive board of the student body of each community college established pursuant to G.S. 115D shall be an ex officio nonvoting member of the board of trustees of each said institution.
(b) All trustees shall be residents of the administrative area of the institution for which they are selected or of counties contiguous thereto with the exception of members provided for in G.S. 115D-12(a), Group Four.
(c) Vacancies occurring in any group for whatever reason shall be filled for the remainder of the unexpired term by the agency or agencies authorized to select trustees of that group and in the manner in which regular selections are made. Should the selection of a trustee not be made by the agency or agencies having the authority to do so within 60 days after the date on which a vacancy occurs, whether by creation or expiration of a term or for any other reason, the Governor shall fill the vacancy by appointment for the remainder of the unexpired term."
Sec. 112. G.S. 120-47.10 reads as rewritten:
"§ 120-47.10. Enforcement of
Article by Attorney General. - The Secretary
of State shall report apparent violations of this Article to the Attorney
General. The Attorney General shall, upon complaint made to him of violations
of this Article, make an appropriate investigation thereof, and he shall
forward a copy of the investigation to the district attorney of the judicial
district prosecutorial district as defined in G.S. 7A-60 of which
Wake County is a part, who shall prosecute any person who violates any
provisions of this Article."
Sec. 113. G.S. 122C-224.3 reads as rewritten:
"§ 122C-224.3. Hearing for review
of admission. - (a) Hearings shall be held at
the 24-hour facility in which the minor is being treated, if it is located
within the judge's judicial district district court district as
defined in G.S. 7A-133, unless the judge determines that the court calendar
will be disrupted by such scheduling. In cases where the hearing cannot
be held in the 24-hour facility, the judge may schedule the hearing in another
location, including the judge's chambers. The hearing may not be held in
a regular courtroom, over objection of the minor's attorney, if in the discretion
of the judge a more suitable place is available.
(b) The minor shall have the right to be present at the hearing unless the judge rules favorably on the motion of the attorney to waive the minor's appearance. However, the minor shall retain the right to appear before the judge to provide his own testimony and to respond to the judge's questions unless the judge makes a separate finding that the minor does not wish to appear upon motion of the attorney.
(c) Certified copies of reports and findings of physicians, psychologists and other responsible professionals as well as previous and current medical records are admissible in evidence, but the minor's right, through his attorney, to confront and cross-examine witnesses may not be denied.
(d) Hearings shall be closed to the public unless the attorney requests otherwise.
(e) A copy of all documents admitted into evidence and a transcript of the proceedings shall be furnished to the attorney, on request, by the clerk upon the direction of a district court judge. The copies shall be provided at State expense.
(f) For an admission to be authorized beyond the hearing, the minor must be (1) mentally ill or a substance abuser and (2) in need of further treatment at the 24-hour facility to which he has been admitted. Further treatment at the admitting facility should be undertaken only when lesser measures will be insufficient. It is not necessary that the judge make a finding of dangerousness in order to support a concurrence in the admission.
(g) The court shall make one of the following dispositions:
(1) If the court finds by clear, cogent, and convincing evidence that the requirements of subsection (f) have been met, the court shall concur with the voluntary admission and set the length of the authorized admission of the minor for a period not to exceed 90 days; or
(2) If the court determines that there exist reasonable grounds to believe that the requirements of subsection (f) have been met but that additional diagnosis and evaluation is needed before the court can concur in the admission, the court may make a one time authorization of up to an additional 15 days of stay, during which time further diagnosis and evaluation shall be conducted; or
(3) If the court determines that the conditions for concurrence or continued diagnosis and evaluation have not been met, the judge shall order that the minor be released.
(h) The decision of the District Court in all hearings and rehearings is final. Appeal may be had to the Court of Appeals by the State or by any party on the record as in civil cases. The minor may be retained and treated in accordance with this Part, pending the outcome of the appeal, unless otherwise ordered by the District Court or the Court of Appeals."
Sec. 113.1. G.S. 122C-267 reads as rewritten:
"§ 122C-267. Outpatient commitment; district court hearing. - (a) A hearing shall be held in district court within 10 days of the day the respondent is taken into custody pursuant to G.S. 122C-261(e). Upon its own motion or upon motion of the proposed outpatient treatment physician or the respondent, the court may grant a continuance of not more than five days.
(b) The respondent shall be present at the hearing. A subpoena may be issued to compel the respondent's presence at a hearing. The petitioner and the proposed outpatient treatment physician or his designee may be present and may provide testimony.
(c) Certified copies of reports and findings of physicians and psychologists and medical records of previous and current treatment are admissible in evidence.
(d) At the hearing to determine the necessity and appropriateness of outpatient commitment, the respondent need not, but may, be represented by counsel. However, if the court determines that the legal or factual issues raised are of such complexity that the assistance of counsel is necessary for an adequate presentation of the merits or that the respondent is unable to speak for himself, the court may continue the case for not more than five days and order the appointment of counsel for an indigent respondent.
(e) Hearings may be held
at the area facility in which the respondent is being treated, if it is located
within the judge's judicial district district court district as
defined in G.S. 7A-133, or in the judge's chambers. A hearing may not be
held in a regular courtroom, over objection of the respondent, if in the
discretion of a judge a more suitable place is available.
(f) The hearing shall be closed to the public unless the respondent requests otherwise.
(g) A copy of all documents admitted into evidence and a transcript of the proceedings shall be furnished to the respondent on request by the clerk upon the direction of a district court judge. If the client is indigent, the copies shall be provided at State expense.
(h) To support an outpatient commitment order, the court is required to find by clear, cogent, and convincing evidence that the respondent meets the criteria specified in G.S. 122C-263(d)(1). The court shall record the facts which support its findings and shall show on the order the center or physician who is responsible for the management and supervision of the respondent's outpatient commitment."
Sec. 114. G.S. 122C-268 reads as rewritten:
"§ 122C-268. Inpatient commitment; district court hearing. - (a) A hearing shall be held in district court within 10 days of the day the respondent is taken into custody pursuant to G.S. 122C-261(e). A continuance of not more than five days may be granted upon motion of:
(1) The court;
(2) Respondent's counsel; or
(3) The State, sufficiently in advance to avoid movement of the respondent.
(b) The attorney, who is a member of the staff of the Attorney General assigned to one of the State's facilities for the mentally ill or the psychiatric service of North Carolina Memorial Hospital, shall represent the State's interest at commitment hearings, rehearings, and supplemental hearings held at the facility to which he is assigned under this Part.
In addition, the Attorney General may, in his discretion, designate an attorney who is a member of his staff to represent the State's interest at any commitment hearing, rehearing, or supplemental hearing held in a place other than at one of the State's facilities for the mentally ill or the psychiatric service of North Carolina Memorial Hospital.
(c) If the respondent's custody order indicates that he was charged with a violent crime, including a crime involving an assault with a deadly weapon, and that he was found not guilty by reason of insanity or incapable of proceeding, the clerk shall give notice of the time and place of the hearing as provided in G.S. 122C-264(d). The district attorney in the county in which the respondent was found not guilty by reason of insanity or incapable of proceeding may represent the State's interest at the hearing.
(d) The respondent shall be represented by counsel of his choice; or if he is indigent within the meaning of G.S. 7A-450 or refuses to retain counsel if financially able to do so, he shall be represented by counsel appointed by the court.
(e) With the consent of the court, counsel may in writing waive the presence of the respondent.
(f) Certified copies of reports and findings of physicians and psychologists and previous and current medical records are admissible in evidence, but the respondent's right to confront and cross-examine witnesses may not be denied.
(g) Hearings may be held
in an appropriate room not used for treatment of clients at the facility in
which the respondent is being treated if it is located within the judge's judicial
district, district court district as defined in G.S. 7A-133 or
in the judge's chambers. A hearing may not be held in a regular courtroom, over
objection of the respondent, if in the discretion of a judge a more suitable
place is available.
(h) The hearing shall be closed to the public unless the respondent requests otherwise.
(i) A copy of all documents admitted into evidence and a transcript of the proceedings shall be furnished to the respondent on request by the clerk upon the direction of a district court judge. If the respondent is indigent, the copies shall be provided at State expense.
(j) To support an inpatient commitment order, the court shall find by clear, cogent, and convincing evidence that the respondent is mentally ill and dangerous to himself or others or is mentally retarded and, because of an accompanying behavior disorder, is dangerous to others. The court shall record the facts that support its findings."
Sec. 115. G.S. 122C-270 reads as rewritten:
"§ 122C-270. Attorneys to
represent the respondent and the State. - (a)
The senior regular resident superior court judge of a judicial district superior
court district or set of districts as defined in G.S. 7A-41.1 in which a
State facility for the mentally ill is located shall appoint an attorney
licensed to practice in North Carolina as special counsel for indigent
respondents who are mentally ill or mentally retarded with an accompanying
behavior disorder. This special counsel shall serve at the pleasure of the
appointing judge, may not privately practice law, and shall receive annual
compensation within the salary range for assistant district attorneys as fixed
by the Administrative Officer of the Courts. The special counsel shall
represent all indigent respondents at all hearings, rehearings, and
supplemental hearings held at the State facility and on appeals held under this
Article. Special counsel shall determine indigency in accordance with G.S.
7A-450(a). Indigency is subject to redetermination by the presiding judge.
(b) The State facility shall provide suitable office space for the counsel to meet privately with respondents. The Administrative Office of the Courts shall provide secretarial and clerical service and necessary equipment and supplies for the office.
(c) In the event of a vacancy in the office of special counsel, counsel's incapacity, or a conflict of interest, counsel for indigents at hearings or rehearings may be assigned by a district judge of the district. No mileage or compensation for travel time is paid to a counsel appointed pursuant to this subsection. Counsel may also be so assigned when, in the opinion of the Administrative Officer of the Courts, the volume of cases warrants.
(d) At hearings held in counties other than those designated in subsection (a) of this section, a district court judge shall appoint counsel for indigent respondents from members of the bar of the county in accordance with G.S. 122C-268(d).
(e) Counsel assigned to represent an indigent respondent at the initial district court hearing is also responsible for perfecting and concluding an appeal, if there is one. Upon completion of an appeal, or upon transfer of the respondent to a State facility for the mentally ill, if there is no appeal, assigned counsel is discharged. If the respondent is committed to a non-State 24-hour facility, assigned counsel remains responsible for his representation until discharged by order of district court, until the respondent is unconditionally discharged from the facility, or until the respondent voluntarily admits himself to the facility.
(f) The Attorney General may employ four attorneys, one to be assigned by him full-time to each of the State facilities for the mentally ill, to represent the State's interest at commitment hearings, rehearings and supplemental hearings held under this Article at the State facilities and to provide liaison and consultation services concerning these matters. These attorneys are subject to Chapter 126 of the General Statutes and shall also perform additional duties as may be assigned by the Attorney General. The attorney employed by the Attorney General in accordance with G.S. 114-4.2B shall represent the State's interest at commitment hearings, rehearings and supplemental hearings held at North Carolina Memorial Hospital under this Article."
Sec. 116. G.S. 122C-276 reads as rewritten:
"§ 122C-276. Inpatient commitment;
rehearings. - (a) Fifteen days before the end
of the initial inpatient commitment period if the attending physician
determines that commitment of a respondent beyond the initial period will be
necessary, he shall so notify the clerk of superior court of the county in
which the facility is located. The clerk, at least 10 days before the end of
the initial period, on order of a district court judge of the judicial
district district court district as defined in G.S. 7A-133 in which
the facility is located, shall calendar the rehearing. If the respondent was
initially committed as the result of conduct resulting in his being charged
with a violent crime, including a crime involving an assault with a deadly
weapon, and respondent was found not guilty by reason of insanity or incapable
of proceeding, the clerk shall also notify the chief district court judge, the
clerk of superior court, and the district attorney in the county in which the
respondent was found not guilty by reason of insanity or incapable of
proceeding of the time and place of the hearing.
(b) Fifteen days before the end of the initial treatment period of a respondent who was initially committed as a result of conduct resulting in his being charged with a violent crime, including a crime involving an assault with a deadly weapon, having been found not guilty by reason of insanity or incapable of proceeding, if the attending physician determines that commitment of the respondent beyond the initial period will not be necessary, he shall so notify the clerk of superior court who shall schedule a rehearing as provided in subsection (a) of this section.
(c) Subject to the
provisions of G.S. 122C-269(c), rehearings shall be held at the facility in
which the respondent is receiving treatment. The judge is a judge of the
district court of the judicial district district court district as
defined in G.S. 7A-133 in which the facility is located or a district court
judge temporarily assigned to that district.
(d) Notice and proceedings of rehearings are governed by the same procedures as initial hearings and the respondent has the same rights he had at the initial hearing including the right to appeal.
(e) At rehearings the court may make the same dispositions authorized in G.S. 122C-271(b) except a second commitment order may be for an additional period not in excess of 180 days.
(f) Fifteen days before the end of the second commitment period and annually thereafter, the attending physician shall review and evaluate the condition of each respondent; and if he determines that a respondent is in continued need of inpatient commitment or, in the alternative, in need of outpatient commitment, or a combination of both, he shall so notify the respondent, his counsel, and the clerk of superior court of the county, in which the facility is located. Unless the respondent through his counsel files with the clerk a written waiver of his right to a rehearing, the clerk, on order of a district court judge of the district in which the facility is located, shall calendar a rehearing for not later than the end of the current commitment period. The procedures and standards for the rehearing are the same as for the first rehearing. No third or subsequent inpatient recommitment order shall be for a period longer than one year.
(g) At any rehearings the court has the option to order outpatient commitment for a period not in excess of 180 days in accordance with the criteria specified in G.S. 122C-263(d)(1) and following the procedures as specified in this Article."
Sec. 117. G.S. 122C-286 reads as rewritten:
"§ 122C-286. Commitment; district court hearing. - (a) A hearing shall be held in district court within 10 days of the day the respondent is taken into custody. Upon its own motion or upon motion of the responsible professional, the respondent, or the State, the court may grant a continuance of not more than five days.
(b) The respondent shall be present at the hearing. A subpoena may be issued to compel the respondent's presence at a hearing. The petitioner and the responsible professional of the area authority or the proposed treating physician or his designee may be present and may provide testimony.
(c) Certified copies of reports and findings of physicians and psychologists and medical records of previous and current treatment are admissible in evidence, but the respondent's right to confront and cross-examine witnesses shall not be denied.
(d) The respondent may be represented by counsel of his choice. If the respondent is indigent within the meaning of G.S. 7A-450, the court shall appoint counsel to represent him.
(e) Hearings may be held
at a facility if it is located within the judge's judicial district district
court district as defined in G.S. 7A-133 or in the judge's chambers. A
hearing may not be held in a regular courtroom, over objection of the
respondent, if in the discretion of a judge a more suitable place is available.
(f) The hearing shall be closed to the public unless the respondent requests otherwise.
(g) A copy of all documents admitted into evidence and a transcript of the proceedings shall be furnished to the respondent on request by the clerk upon the direction of a district court judge. If the respondent is indigent, the copies shall be provided at State expense.
(h) To support a commitment order, the court shall find by clear, cogent, and convincing evidence that the respondent meets the criteria specified in G.S. 122C-283(d)(1). The court shall record the facts that support its findings and shall show on the order the area authority or physician who is responsible for the management and supervision of the respondent's treatment."
Sec. 118. G.S. 143B-475.1 reads as rewritten:
"§ 143B-475.1. Deferred
prosecution, community service restitution, and volunteer program. - (a) The Department of Crime Control and Public
Safety may conduct a deferred prosecution, community service restitution, and volunteer
program for youthful and adult offenders. The Secretary of Crime Control and
Public Safety may assign one or more coordinators to each judicial district district
court district as defined in G.S. 7A-133 to assure and report to the Court
the offender's compliance with the requirements of the program. The appointment
of each coordinator is subject to the approval of the chief district court
judge. Each county must provide office space in the courthouse or other
convenient place, for the use of each coordinator assigned to that county.
(b) Unless a fee is assessed pursuant to G.S. 20-179.4 or G.S. 15A-1371(i), a fee of one hundred dollars ($100.00) shall be paid by all persons who participate in the program or receive services from the program staff. If the person is convicted in a court in this State, the fee must be paid to the clerk of court in the county in which he is convicted. If the person is participating in the program as a result of a deferred prosecution or similar program, the fee must be paid to the clerk of court in the county in which the agreement is filed. Persons participating in the program for any other reason must pay the fee to the clerk of court in the county in which the services are provided by the program staff. The fee must be paid in full within two weeks from the date the person is ordered to perform the community service, and before he begins his community service, except that:
(1) A person convicted in a court in this State may be given an extension of time or allowed to begin the community service before he pays the fee by the court in which he is convicted; or
(2) A person performing community service pursuant to a deferred prosecution or similar agreement may be given an extension of time or allowed to begin his community service before the fee is paid by the official or agency representing the State in the agreement.
Fees collected pursuant to this subsection shall be deposited in the General Fund.
(c) The Secretary is authorized to designate the same person to serve as a coordinator under this section and under G.S. 20-179.4."
Sec. 119. G.S. 143B-499.4 reads as rewritten:
"§ 143B-499.4. Release of information by Center. - The following may make inquiries of, and receive data or information from, the Center:
(1) Any police, law-enforcement, or criminal justice agency investigating a report of a missing or unidentified person or child, whether living or deceased.
(2) A court, upon a finding by the court that access to the data, information, or records of the Center may be necessary for the determination of an issue before the court.
(3) Any district attorney
of a judicial district prosecutorial district as defined in G.S.
7A-60 in this State or the district attorney's designee or representative.
(4) Any person engaged in bona fide research when approved by the Secretary; provided, no names or addresses may be supplied to this person.
(5) Any other person authorized by the Secretary of the Department of Crime Control and Public Safety pursuant to G.S. 143B-498(1)."
Sec. 120. G.S. 148-32.1 reads as rewritten:
"§ 148-32.1. Local confinement, costs, alternate facilities, parole, work release. -
(a) The Department of Correction shall pay each local confinement facility a standard sum set by the General Assembly in its appropriation acts at a per day, per inmate rate, for the cost of providing food, clothing, personal items, supervision and necessary ordinary medical services to those male inmates committed to the custody of the local confinement facility to serve sentences of 30 days or more. This reimbursement shall not include any period of detention prior to actual commitment by the sentencing court. The Department shall also pay to the local confinement facility extraordinary medical expenses incurred for the inmates, defined as follows:
(1) Medical expenses incurred as a result of providing health care to an inmate as an inpatient (hospitalized);
(2) Other medical expenses when the total cost exceeds thirty-five dollars ($35.00) per occurrence or illness as a result of providing health care to an inmate as an outpatient (nonhospitalized); and
(3) Cost of replacement of eyeglasses and dental prosthetic devices if those eyeglasses or devices are broken while the inmate is incarcerated, provided the inmate was using the eyeglasses or devices at the time of his commitment and then only if prior written consent of the Department is obtained by the local facility.
(b) (This subsection
expires July 1, 1989.) In the event that the custodian of the local confinement
facility certifies in writing to the clerk of the superior court in the county
in which said local confinement facility is located that the local confinement
facility is filled to capacity, or that the facility cannot reasonably
accommodate any more prisoners due to segregation requirements for particular
prisoners, or that the custodian anticipates, in light of local experiences, an
influx of temporary prisoners at that time, or if the local confinement
facility does not meet the minimum standards published pursuant to G.S.
153A-221, any judge of the district court in the judicial district district
court district as defined in G.S. 7A-133 where the facility is located, or
any judge of the superior court or a special judge of the superior court
assigned to hold court in the judicial district superior court judge who
has jurisdiction pursuant to G.S. 7A-47.1 or 7A-48 in a district or set of
districts as defined in G.S. 7A-41.1 where the facility is located may
order that the prisoner be transferred to any other qualified local confinement
facility within that judicial district or within another judicial such
district where space is available, which local facility shall accept the
transferred prisoner, if the prison population has exceeded the limits
established in G.S. 148-4.1(d). If no such local confinement facility is
available, then any such judge may order the prisoner transferred to such camp
or facility as the proper authorities of the Department of Correction shall
designate, notwithstanding that the term of imprisonment of the prisoner is 180
days or less. In no event, however, shall a prisoner whose term of imprisonment
is less than 30 days be assigned or ordered transferred to any such camp or
facility.
(c) When a prisoner is assigned to a local confinement facility pursuant to this section, the clerk of the superior court in the county in which the sentence was imposed shall immediately forward a copy of the commitment order to the Parole Commission so that the prisoner will be eligible for parole pursuant to G.S. 15A-1371.
(d) When a prisoner serving a sentence of 30 days or more in a local confinement facility is placed on work release pursuant to a recommendation of the sentencing court, the custodian of the facility shall forward the prisoner's work-release earnings to the Department of Correction, which shall disburse the earnings as determined under G.S. 148-33.1(f). When a prisoner serving a sentence of 30 days or more in a local confinement facility is placed on work release pursuant to an order of the sentencing court, the custodian of the facility shall forward the prisoner's work-release earnings to the clerk of the court that sentenced the prisoner or to the Department of Correction, as provided in the prisoner's commitment order. The clerk or the Department, as appropriate, shall disburse the earnings as provided in the prisoner's commitment order. Upon agreement between the Department of Correction and the custodian of the local confinement facility, however, the clerk may disburse to the local confinement facility the amount of the earnings to be paid for the cost of the prisoner's keep, and that amount shall be set off against the reimbursement to be paid by the Department to the local confinement facility pursuant to G.S. 148-32.1(a).
(e) Upon entry of a prisoner into a local confinement facility pursuant to this section, the custodian of the local confinement facility shall forward to the Parole Commission information pertaining to the prisoner so as to make him eligible for parole consideration pursuant to G.S. 15A-1371. Such information shall include date of incarceration, jail credit, and such other information as may be required by the Parole Commission. The Parole Commission shall approve a form upon which the custodian shall furnish this information, which form will be provided to the custodian by the Department of Correction."
Sec. 121. G.S. 153A-18 reads as rewritten:
"§ 153A-18. Uncertain or disputed boundary. - (a) If two or more counties are uncertain as to the exact location of the boundary between them, they may cause the boundary to be surveyed, marked, and mapped. The counties may appoint special commissioners to supervise the surveying, marking, and mapping. A commissioner so appointed or a person surveying or marking the boundary may enter upon private property to view and survey the boundary or to erect boundary markers. Upon ratification of the survey by the board of commissioners of each county, a map showing the surveyed boundary shall be recorded in the office of the register of deeds of each county in the manner provided by law for the recordation of maps or plats and in the Secretary of State's office. The map shall contain a reference to the date of each resolution of ratification and to the page in the minutes of each board of commissioners where the resolution may be found. Upon recordation, the map is conclusive as to the location of the boundary.
(b) If two or more
counties dispute the exact location of the boundary between them, and the
dispute cannot be resolved pursuant to subsection (a) of this section, any of
the counties may apply to a resident or presiding superior court judge in
the judicial district or districts in which the counties are located a
superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or 7A-48 in
any of the districts or sets of districts as defined in G.S. 7A-41.1 in which
any of the counties is located for appointment of a boundary commission.
The application shall identify the disputed boundary and ask that a boundary
commission be appointed. Upon receiving the application, the court shall set a
date for a hearing on whether to appoint the commission. The court shall cause
notice of the hearing to be served on the other county or counties. If, after
the hearing, the court finds that the location of the boundary is disputed, it
shall appoint a boundary commission.
The commission shall consist of one resident of each disputing county and a resident of some other county. The court may appoint one or more surveyors to assist the commission. The commission shall locate, survey, and map and may mark the disputed boundary. To do so it may take evidence and hear testimony, and any commissioner and any person surveying or marking the boundary may enter upon private property to view and survey the boundary or to erect boundary markers. Within 45 days after the day it is appointed, unless this time is extended by the court, the commission shall make its report (which shall include a map of the surveyed boundary) to the court. To be sufficient, the report must be concurred in by a majority of the commissioners. If the court is satisfied that the commissioners have made no error of law, it shall ratify the report, after which the map shall be recorded in the office of the register of deeds of each county in the manner provided by law for the recordation of maps or plats and in the Secretary of State's office. Upon recordation, the map is conclusive as to the location of the boundary.
The disputing counties shall divide equally the costs of locating, surveying, marking, and mapping the boundary, unless the court finds that an equal division of the costs would be unjust. In that case the court may determine the division of costs."
Sec. 122. G.S. 153A-92 reads as rewritten:
"§ 153A-92. Compensation. - (a) Subject to the limitations set forth in subsection (b) of this section, the board of commissioners shall fix or approve the schedule of pay, expense allowances, and other compensation of all county officers and employees, whether elected or appointed, and may adopt position classification plans.
(b) In exercising the authority granted by subsection (a) of this section, the board of commissioners is subject to the following limitations:
(1) The board of commissioners may not reduce the salary, allowances, or other compensation paid to an officer elected by the people for the duties of his elective office if the reduction is to take effect during the term of office for which the incumbent officer has been elected, unless the officer agrees to the reduction or unless the Local Government Commission pursuant to Chapter 159, Article 10, orders a reduction.
(2) During the year of a general election, the board of commissioners may reduce the salary, allowances, or other compensation of an officer to be elected at the general election only in accordance with this subdivision. The board of commissioners shall by resolution give notice of intention to make the reduction no later than 14 days before the last day for filing notice of candidacy for the office. The resolution shall set forth the reduced salary, allowances, and other compensation and shall provide that the reduction is to take effect at the time the person elected to the office in the general election takes office. Once adopted, the resolution may not be altered until the person elected to the office in the general election has taken office. The filing fee for the office shall be determined by reference to the reduced salary.
(3) If the board of
commissioners reduces the salaries, allowances, or other compensation of
employees assigned to an officer elected by the people, and the reduction does
not apply alike to all county offices and departments, the elected officer
involved must approve the reduction. If the elected officer refuses to approve
the reduction, he and the board of commissioners shall meet and attempt to
reach agreement. If agreement cannot be reached, either the board or the
officer may refer the dispute to arbitration by the senior regular resident
superior court judge of the judicial district superior court district
or set of districts as defined in G.S. 7A-41.1 in which the county is
located. The judge shall make an award within 30 days after the day the matter
is referred to him. The award may extend for no more than two fiscal years,
including the fiscal year for which it is made.
(4) The board of commissioners shall fix their own salaries, allowances, and other compensation in accordance with G.S. 153A-28.
(5) The board of commissioners shall fix the salaries, allowances and other compensation of county employees subject to the State Personnel Act according to the procedures set forth in Chapter 126. The board may make these employees subject to a county position classification plan only as provided in Chapter 126.
(c) In counties with a county manager, the manager is responsible for preparing position classification and pay plans for submission to the board of commissioners and for administering the pay plan and any position classification plan in accordance with general policies and directives adopted by the board. In counties without a county manager, the board of commissioners shall appoint or designate a personnel officer, who shall then be responsible for administering the pay plan and any position classification plan in accordance with general policies and directives adopted by the board.
(d) A county may purchase life insurance or health insurance or both for the benefit of all or any class of county officers and employees as a part of their compensation. A county may provide other fringe benefits for county officers and employees."
Sec. 123. G.S. 153A-223 reads as rewritten:
"§ 153A-223. Enforcement of minimum standards. - If an inspection conducted pursuant to G.S. 153A-222 discloses that the jailers and supervisory and administrative personnel of a local confinement facility do not meet the entry level employment standards established pursuant to Chapter 17C or Chapter 17E or that a local confinement facility does not meet the minimum standards published pursuant to G.S. 153A-221 and, in addition, if the Secretary determines that conditions in the facility jeopardize the safe custody, safety, health, or welfare of persons confined in the facility, the Secretary may order corrective action or close the facility, as provided in this section:
(1) The Secretary shall
give notice of his determination to the governing body and each other local
official responsible for the facility. The Secretary shall also send a copy of
this notice, along with a copy of the inspector's report, to the senior regular
resident superior court judge for the judicial district of the
superior court district or set of districts as defined in G.S. 7A-41.1 in
which the facility is located. Upon receipt of the Secretary's notice, the
governing body shall call a public hearing to consider the report. The hearing
shall be held within 20 days after the day the Secretary's notice is received.
The inspector shall appear at this hearing to advise and consult with the
governing body concerning any corrective action necessary to bring the facility
into conformity with the standards.
(2) The governing body shall, within 30 days after the day the Secretary's notice is received, request a contested case hearing, initiate appropriate corrective action or close the facility. The corrective action must be completed within a reasonable time.
(3) A contested case hearing, if requested, shall be conducted pursuant to G.S. 150A, Article 3. The issues shall be: (i) whether the facility meets the minimum standards; (ii) whether the conditions in the facility jeopardize the safe custody, safety, health, or welfare of persons confined therein; and (iii) the appropriate corrective action to be taken and a reasonable time to complete that action.
(4) If the governing body does not, within 30 days after the day the Secretary's notice is received, or within 30 days after service of the final agency decision if a contested case hearing is held, either initiate corrective action or close the facility, or does not complete the action within a reasonable time, the Secretary may order that the facility be closed.
(5) The governing body
may appeal an order of the Secretary to the senior regular resident
superior court judge. The governing body shall initiate the appeal by giving by
registered mail to the judge and to the Secretary notice of its intention to
appeal. The notice must be given within 15 days after the day the Secretary's
order is received. If notice is not given within the 15-day period, the right
to appeal is terminated.
(6) The senior regular
resident superior court judge shall hear the appeal. He shall cause notice
of the date, time, and place of the hearing to be given to each interested
party, including the Secretary, the governing body, and each other local
official involved. The Secretary, if a contested case hearing has been held,
shall file the official record, as defined in G.S. 150A-37, with the senior regular
resident superior court judge and shall serve a copy on each person who has
been given notice of the hearing. The judge shall conduct the hearing without a
jury. He shall consider the official record, if any, and may accept evidence
from the Secretary, the governing body, and each other local official which he
finds appropriate. The issue before the court shall be whether the facility
continues to jeopardize the safe custody, safety, health, or welfare of persons
confined therein. The court may affirm, modify, or reverse the Secretary's
order."
Sec. 124. G.S. 156-134 reads as rewritten:
"§ 156-134. Duties of the auditor. - The auditor for the drainage district will be required to examine the assessment roll and the records and accounts of the sheriff or tax collector as to the assessment roll which went into his hands on the previous first Monday in September and for all previous years as to which the records and accounts of the sheriff or tax collector have not been audited.
The auditor shall for each of such years make a report as to each drainage district, showing the total amount of drainage assessments due for each year, the amount collected by the sheriff up to the fifteenth day of May of the following year, the names of the owners of land, and a brief description of the lands on which the drainage assessments have not been paid, and the total amount of unpaid drainage assessments, with any further data or information which the auditor may regard as pertinent.
If the lands in the district lie in other counties, the auditor for the county in which the district was established shall also examine the records of the sheriff or tax collector for such other counties.
The auditor shall also examine the books of the treasurer for similar years, and he shall report the amount of drainage assessments paid to the treasurer by the sheriff or tax collector for each year, and the amounts paid out by the treasurer during such years, and for what purposes paid. It shall be the duty of the sheriff and treasurer to permit the auditor to examine their official books and records and to furnish all necessary information, and to assist the auditor in the discharge of his duties.
The auditor shall make a report to the board of county commissioners on or before the first Monday in July following his appointment, and he shall deliver a duplicate of such report to the chairman of the board of drainage commissioners of each drainage district established in the county.
If the sheriff has not collected all of the drainage
assessments, or has not paid over all collections to the treasurer, or if the
treasurer has not made disbursements of the drainage funds as required by law,
or has not in his hands the funds not so disbursed by him, it shall be the duty
of the auditor to so report, and to prepare two certified copies of his report,
one of which shall be delivered to the judge holding a session of superior
court in the county following the first Monday in July, and a copy to the
district attorney of the judicial district prosecutorial district as
defined in G.S. 7A-60 in which the county is located, and it shall be the
duty of such district attorney to examine carefully such report and to
institute such action, civil or criminal, against the sheriff or tax collector
or the treasurer, as the facts contained in the report may justify, or as may
be required by law."
Sec. 125. G.S. 163-156 reads as rewritten:
"§ 163-156. Rules when two or
more vacancies for superior court judge of different term length are
to be voted on in the same year, or where two or more elections for less
than a full term are to be voted on in the same year. - (a) The General Assembly finds that:
(1) The
provisions of law requiring candidates for Superior court judge to designate
the vacancy they Are seeking are unenforceable under Section 5 of The Voting
Rights Act of 1965;
(2) In some
judicial districts, where such staggered Terms have been approved under Section
5 of the Voting Rights Act, not all the terms of the Superior court judges
expire at the same time, and The provisions of Article IV, Section 19 of the
North Carolina Constitution dealing with filling of Unexpired terms in an
election could result in an Election being held simultaneously in a judicial
District for one or more full eight-year terms, and One or more unexpired terms
of two, four, or six Years.
(3) The senior
resident superior court judge is given Additional responsibilities by North
Carolina law, And applying a rule whereby a full term and an Unexpired term are
voted on at the same time Without designation as to vacancy could result in a
Senior judge running for reelection for a full Eight-year term instead being
elected to a two-year Unexpired term merely because that judge finished Second
in statewide voting for two seats, which Would be disruptive of the process of
retaining Career judges;
(4) Article IV,
Section 19 of the North Carolina Constitution requires that vacancies in
superior Court judgeships occurring as late as 31 days Before the general
election be filled for the Remainder of the unexpired term, which is long After
the main part of the judicial ballot has been Printed, and while absentee
voting is already going On. In the past, when an unexpired term has
Occurred soon before the election, a supplemental Ballot has been issued for
use along with the Regular judicial ballot. If the State were Required to
conduct elections for last-minute Unexpired terms without designation as to
vacancy With the already scheduled full terms, it would Require scrapping
ballots already printed and would Greatly disrupt the election process.
(b) When there is an
election in a judicial district for one or more offices of superior court judge
for full terms, and there is also to be an election for one or more unexpired
terms in the same district at that same election in accordance with Article IV,
Section 19 of the North Carolina Constitution, the nomination and election
shall be determined by the following special rules in addition to any other
provisions of law:
(1) If the
unexpired term occurs prior to the tenth day Before the filing period ends
under G.S. 163-106(c), nominations shall be made by primary Election as
provided by Article 10 of this Chapter, With designation as to the vacancy for
the Unexpired term as against any full term, but Without designation as to
vacancy between unexpired Terms if there is more than one unexpired term;
(2) If the
unexpired term occurs beginning on the tenth Day before the filing period ends
under G.S. 163-106(c), and ending on the sixtieth day before the General
election, a nomination shall be made by the Appropriate district executive
committee of each Political party and the names of the nominees shall Be
printed on the general election ballots, with Designation as to the vacancy for
the unexpired Term as against any full term, but without Designation as to
vacancy between unexpired terms If there is more than one unexpired term;
(4) The general
election ballot shall contain, without Designation as to vacancy between full
terms, Spaces for the election of all full terms. The General election
ballot shall contain, without Designation as to vacancy between unexpired
terms, Spaces for the election of all unexpired terms Where nominations were
made under subdivisions (1) Or (2) of this subsection;
(5) In the
general election, the persons receiving the Highest numbers of votes equal to
the number of Full terms to be elected shall be elected to those Full terms;
(6) In the
general election, the persons receiving the Highest numbers of votes shall be
elected to the Unexpired term or terms, in order of length of the Unexpired terms
(longest first), until all those Terms have been filled. If unexpired
terms of Different lengths are to be filled, and two or more Persons receive an
equal number of votes, and all Are to be elected, then the provisions of the
last Sentence of G.S. 163-191 shall not apply, and the State Board of Elections
by lot shall determine Which term each candidate elected is to receive;
(c) When there is no election in a judicial district for any offices of superior court judge for full terms, and there is to be an election for one or more unexpired terms in that district at that same election in accordance with Article VI, Section 19 of the North Carolina Constitution, the nomination and election shall be determined by the following special rules in addition to any other provisions of law:
(1) If the unexpired term occurs prior to the tenth day Before the filing period ends under G.S. 163-106(c), nominations shall be made by primary election as provided by Article 10 of this Chapter, without designation as to the vacancy;
(2) If the unexpired term occurs beginning on the tenth day before the filing period ends under G.S. 163-106(c), and ending on the sixtieth day before the general election, a nomination shall be made by the appropriate district executive committee of each political party and the names of the nominees shall Be printed on the general election ballots, without designation as to the vacancy;
(4) The general election
ballot shall contain, without Designation as to vacancy, spaces for the
election Of all unexpired terms where nominations were made under subdivisions
(1) or (2) of this subsection. The persons receiving the highest numbers of
votes equal to the unexpired term or terms, shall be elected to the unexpired
term or terms, in order of length of the unexpired terms (longest first),
until all those terms have been filled. If unexpired terms of different
lengths are to be filled, and two or more persons receive an equal number of
votes, and all are to be elected, then the provisions of the last sentence of
G.S. 163-191 shall not apply, and if the terms are of unequal length, the State
Board of Elections by lot shall determine which term each candidate elected is
to receive; ."
Sec. 126. G.S. 163-192 reads as rewritten:
"§ 163-192. State Board of Elections to prepare abstracts and declare results of primaries and elections.
(a) After Primary. - At the conclusion of its canvass of the primary election, the State Board of Elections shall prepare separate abstracts of the votes cast:
(1) For Governor and all State officers, justices of the Supreme Court, judges of the Court of Appeals, judges of the superior court, and United States Senators.
(2) For members of the United States House of Representatives for the several congressional districts in the State.
(3) For district court
judges for the several judicial district court districts in the
State.
(4) For district attorney in the several prosecutorial districts in the State.
(5) For State Senators in the several senatorial districts in the State composed of more than one county.
(6) For members of the State House of Representatives in the several representative districts in the State composed of more than one county.
Abstracts prepared by the State Board of Elections under this subsection shall state the total number of votes cast for each candidate of each political party for each of the various offices canvassed by the State Board of Elections. They shall also state the name or names of the person or persons whom the State Board of Elections shall ascertain and judicially determine by the count to be nominated for each office.
Abstracts prepared under this subsection shall be signed by the members of the State Board of Elections in their official capacity and shall have the great seal of the State affixed thereto.
(b) After General Election. - At the conclusion of its canvass of the general election, the State Board of Elections shall prepare abstracts of the votes cast:
(1) For President and Vice-President of the United States, when an election is held for those offices.
(2) For Governor and all State officers, justices of the Supreme Court, judges of the Court of Appeals, judges of the superior court, and United States Senators.
(3) For members of the United States House of Representatives for the several congressional districts in the State.
(4) For district court
judges for the several judicial districts district court
district as defined in G.S. 7A-133 in the State.
(5) For district attorney in the several prosecutorial districts in the State.
(6) For State Senators in the several senatorial districts in the State composed of more than one county.
(7) For members of the State House of Representatives in the several representative districts in the State composed of more than one county.
(8) For and against any constitutional amendments or propositions submitted to the people.
Abstracts prepared by the State Board of Elections under this subsection shall state the names of all persons voted for, the office for which each received votes, and the number of legal ballots cast for each candidate for each office canvassed by the State Board of Elections. They shall also state the name or names of the person or persons whom the State Board of Elections shall ascertain and judicially determine by the count to be elected to each office.
Abstracts prepared under this subsection shall be signed by the members of the State Board of Elections in their official capacity and shall have the great seal of the State affixed thereto.
(c) Disposition of Abstracts of Returns. - The State Board of Elections shall file with the Secretary of State the original abstracts of returns prepared by it under the provisions of subsections (a) and (b) of this section, and also the duplicate county abstracts transmitted to the State Board of Elections under the provisions of G.S. 163-177."
Sec. 126.1. Effective upon ratification, G.S. 163-114 is amended by deleting "judicial district" each time those words appear, and substituting "superior court district".
Sec. 127. This act shall become effective January 1, 1989.
In the General Assembly read three times and ratified this the 5th day of July, 1988.