GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
H 1
HOUSE BILL 405
Short Title: Reorganize Judicial Districts 30/30A/30B. |
(Public) |
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Sponsors: |
Representative Clampitt. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Judiciary 2, if favorable, Redistricting, if favorable, Rules, Calendar, and Operations of the House |
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March 29, 2021
A BILL TO BE ENTITLED
AN ACT to divide district court judicial district 30 into districtS 30A and 30B, to realign superior court judicial districts 30A and 30B, and to appropriate funds.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 7A‑41(a) reads as rewritten:
"(a) The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:
Superior
Judicial Court No. of Resident
Division District Counties Judges
__________________________________________________________________________
First 1 Camden, Chowan, 2
Currituck,
Dare, Gates,
Pasquotank,
Perquimans
First 2 Beaufort, Hyde, 1
Martin,
Tyrrell, Washington
First 3A Pitt 2
Second 3B Carteret, Craven, 3
Pamlico
Second 4 Duplin, Jones, 2
Onslow, Sampson
Second 5A (part of New Hanover, 1
Pender
see subsection (b)) 5
5B (part of New Hanover, 1
see subsection (b))
5C (part of New Hanover, 1
see subsection (b))
First 6A Halifax 1
First 6B Bertie, Hertford, 1
Northampton
First 7A Nash 1
First 7B (part of Wilson, 1
part of Edgecombe,
see subsection (b))
First 7C (part of Wilson, 1
part of Edgecombe,
see subsection (b))
Second 8A Lenoir and Greene 1
Second 8B Wayne 1
First 9 Franklin, Granville, 2
Person, Vance, Warren
Third 10A (part of Wake, 1
see subsection (b))
Third 10B (part of Wake, 1
see subsection (b))
Third 10C (part of Wake, 1
see subsection (b))
Third 10D (part of Wake, 1
see subsection (b))
Third 10E (part of Wake, 1
see subsection (b))
Third 10F (part of Wake, 1
see subsection (b))
Third 11A Harnett, 1
Lee
Third 11B Johnston 1
Third 12A (part of Cumberland, 1
see subsection (b))
Third 12B (part of Cumberland, 1
see subsection (b))
Third 12C (part of Cumberland, 2
see subsection (b))
Second 13A Bladen, Columbus 1
Second 13B Brunswick 1
First 14A (part of Durham, 1
see subsection (b))
First 14B (part of Durham, 3
see subsection (b))
Third 15A Alamance 2
Fourth 15B Orange, Chatham 2
Third 16A Anson, Richmond, 2
Scotland
Second 16B Robeson 2
Fourth 17A Caswell, Rockingham 2
Fourth 17B Stokes, Surry 1
Fourth 18A (part of Guilford, 1
see subsection (b))
Fourth 18B (part of Guilford, 1
see subsection (b))
Fourth 18C (part of Guilford, 1
see subsection (b))
Fourth 18D (part of Guilford, 1
see subsection (b))
Fourth 18E (part of Guilford, 1
see subsection (b))
Fourth 19A Cabarrus 1
Third 19B Randolph 2
Fourth 19C Rowan 1
Third 19D Hoke, Moore 2
Third 20A Montgomery, Stanly 2
Third 20B Union 2
Fourth 21A (part of Forsyth, 1
see subsection (b))
Fourth 21B (part of Forsyth, 1
see subsection (b))
Fourth 21C (part of Forsyth, 1
see subsection (b))
Fourth 21D (part of Forsyth, 1
see subsection (b))
Fourth 22A Alexander, Iredell 2
Fourth 22B Davidson, Davie 2
Fourth 23 Alleghany, Ashe, 1
Wilkes, Yadkin
Fifth 24 Avery, Madison, 2
Mitchell,
Watauga, Yancey
Fifth 25A Burke, Caldwell 2
Fifth 25B Catawba 2
Fifth 26A (part of Mecklenburg, 1
see subsection (b))
Fifth 26B (part of Mecklenburg, 1
see subsection (b))
Fifth 26C (part of Mecklenburg, 1
see subsection (b))
26D (part of Mecklenburg, 1
see subsection (b))
26E (part of Mecklenburg, 1
see subsection (b))
26F (part of Mecklenburg, 1
see subsection (b))
26G (part of Mecklenburg, 1
see subsection (b))
26H (part of Mecklenburg, 1
see subsection (b))
Fifth 27A Gaston 2
Fifth 27B Cleveland, Lincoln 2
Fifth 28 Buncombe 2
Fifth 29A McDowell, 1
Rutherford
Fifth 29B Henderson, Polk, 1
Transylvania
Fifth 30A Cherokee, Clay, 1
Graham, Macon,Macon
Swain
Fifth 30B Haywood,
JacksonJackson, 1.1
Swain."
SECTION 1.(b) Upon realignment of Superior Court Districts 30A and 30B, the existing superior court judicial assistants serving at the pleasure of the senior resident superior court judge shall be reclassified as trial court administrators.
SECTION 2.(a) G.S. 7A‑133(a) reads as rewritten:
"(a) Each district court district shall have the numbers of judges as set forth in the following table:
District Judges County
1 5 Camden
Chowan
Currituck
Dare
Gates
Pasquotank
Perquimans
2 4 Martin
Beaufort
Tyrrell
Hyde
Washington
3A 6 Pitt
3B 6 Craven
Pamlico
Carteret
4 9 Sampson
Duplin
Jones
Onslow
5 9 New Hanover
Pender
6 4 Northampton
Bertie
Hertford
Halifax
7 7 Nash
Edgecombe
Wilson
8 6 Wayne
Greene
Lenoir
9 5 Granville
(part of Vance
see subsection
(b))
Franklin
Person
9B 2 Warren
(part of Vance
see subsection (b))
10A 3 (part of Wake
see subsection (b))
10B 3 (part of Wake
see subsection (b))
10C 3 (part of Wake
see subsection (b))
10D 5 (part of Wake
see subsection (b))
10E 3 (part of Wake
see subsection (b))
10F 3 (part of Wake
see subsection (b))
11 11 Harnett
Johnston
Lee
12 10 Cumberland
13 6 Bladen
Brunswick
Columbus
14 7 Durham
15A 4 Alamance
15B 5 Orange
Chatham
16A 4 Scotland
Anson
Richmond
16B 6 Robeson
17A 4 Caswell
Rockingham
17B 4 Stokes
Surry
18 14 Guilford
19A 6 Cabarrus
19B 5 Randolph
19C 5 Rowan
20A 3 Montgomery
Stanly
(part of Union
see subsection (b))
20B 1 (part of Union
see subsection
(b))
20C 2 (part of Union
see subsection
(b))
20D 2 Union
21 11 Forsyth
22A 6 Alexander
Iredell
22B 6 Davidson
Davie
23 4 Alleghany
Ashe
Wilkes
Yadkin
24 4 Avery
Madison
Mitchell
Watauga
Yancey
25 10 Burke
Caldwell
Catawba
26 21 Mecklenburg
27A 7 Gaston
27B 6 Cleveland
Lincoln
28 7 Buncombe
29A 4 McDowell
Rutherford
29B 4 Henderson
Polk
Transylvania
30 6 Cherokee
Clay
Graham
Haywood
Jackson
Macon
Swain.
30A 3 Cherokee
Clay
Graham
Macon
30B 5 Haywood
Jackson
Swain."
SECTION 2.(b) The three district court judgeships established for District 30A by subsection (a) of this section shall be filled by a district court judge from current District 30 who resides in Cherokee, Clay, Graham, or Macon Counties. The term of the one judge living in Clay County elected in the general election in 2020 expires December 31, 2024. The two newly established judges for District 30A are to be appointed by the Governor pursuant to subsection (d) of this section.
SECTION 2.(c) The five district court judgeships established for District 30B by subsection (a) of this section shall be filled by the district court judges from current District 30 who reside in Haywood, Jackson, or Swain Counties. The terms of the two judges living in Haywood County elected in the general election in 2020 expire December 31, 2024. The terms of the three judges living in Haywood County elected in the general election in 2019 expire December 31, 2022.
SECTION 2.(d) The Governor shall appoint pursuant to G.S. 7A‑142 two additional district court judges for District 30A authorized by subsection (b) of this section. The terms of the judges appointed under this subsection expire December 31, 2022, and successors to the appointed judges shall be elected during the general election in 2022 to begin four‑year terms on January 1, 2023.
SECTION 2.(e) Upon division of the District Court District 30 into District Court Districts 30A and 30B, the Administrative Office of the Courts shall do the following:
(1) Assign the two existing district court judicial assistants in Haywood County to serve at the pleasure of the chief district court judge in District Court District 30B.
(2) Hire one new district court judicial assistant to serve at the pleasure of the chief district court judge in District Court District 30A using the funds appropriated in Section 4 of this act.
SECTION 2.(f) Using available funds, the Administrative Office of the Courts shall ensure that District Court District 30A and District Court District 30B shall each have a custody mediator, unless the Administrative Office of the Courts authorizes all or part of a program in one judicial district to be operated in conjunction with that of another district or districts.
SECTION 3. G.S. 7A‑60(a1) reads as rewritten:
"(a1) (Effective January 1, 2021 through December 31, 2022) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full‑time assistant district attorneys set forth in the following table:
No. of Full‑Time
Prosecutorial Asst. District
District Counties Attorneys
1 Camden, Chowan, Currituck, 12
Dare, Gates, Pasquotank,
Perquimans
2 Beaufort, Hyde, Martin, 8
Tyrrell, Washington
3 Pitt 12
4 Carteret, Craven, Pamlico 13
5 Duplin, Jones, Onslow, 20
Sampson
6 New Hanover, Pender 20
7 Bertie, Halifax, Hertford, 11
Northampton
8 Edgecombe, Nash, Wilson 19
9 Greene, Lenoir, Wayne 15
10 Wake 42
11 Franklin, Granville, Person 15
Vance, Warren
12 Harnett, Lee 12
13 Johnston 11
14 Cumberland 25
15 Bladen, Brunswick, Columbus 15
16 Durham 18
17 Alamance 12
18 Orange, Chatham 10
20 Robeson 13
21 Anson, Richmond, Scotland 9
22 Caswell, Rockingham 9
23 Stokes, Surry 8
24 Guilford 35
25 Cabarrus 10
26 Mecklenburg 58
27 Rowan 9
29 Hoke, Moore 9
28 Montgomery, Stanly 6
30 Union 11
31 Forsyth 27
32 Alexander, Iredell 13
33 Davidson, Davie 12
34 Alleghany, Ashe, Wilkes, 9
Yadkin
35 Avery, Madison, Mitchell, 8
Watauga, Yancey
36 Burke, Caldwell, Catawba 20
37 Randolph 10
38 Gaston 16
39 Cleveland, 13
Lincoln
40 Buncombe 14
41 McDowell, Rutherford 8
42 Henderson, Polk, Transylvania 9
43 Cherokee,
Clay, Graham, 1315
Haywood, Jackson, Macon,
Swain.
(a1) (Effective January 1, 2023) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full‑time assistant district attorneys set forth in the following table:
No. of Full‑Time
Prosecutorial Asst. District
District Counties Attorneys
1 Camden, Chowan, Currituck, 12
Dare, Gates, Pasquotank,
Perquimans
2 Beaufort, Hyde, Martin, 8
Tyrrell, Washington
3 Pitt 12
4 Carteret, Craven, Pamlico 13
5 Duplin, Jones, Onslow, 20
Sampson
6 New Hanover, Pender 20
7 Bertie, Halifax, Hertford, 11
Northampton
8 Edgecombe, Nash, Wilson 19
9 Greene, Lenoir, Wayne 15
10 Wake 42
11 Franklin, Granville, Person 15
Vance, Warren
12 Harnett, Lee 12
13 Johnston 11
14 Cumberland 25
15 Bladen, Brunswick, Columbus 15
16 Durham 18
17 Alamance 12
18 Orange, Chatham 10
20 Robeson 13
21 Anson, Richmond, Scotland 9
22 Caswell, Rockingham 9
23 Stokes, Surry 8
24 Guilford 35
25 Cabarrus 10
26 Mecklenburg 58
27 Rowan 9
29 Hoke, Moore 9
28 Montgomery, Stanly 6
30 Union 11
31 Forsyth 27
32 Alexander, Iredell 13
33 Davidson, Davie 12
34 Alleghany, Ashe, Wilkes, 9
Yadkin
35 Avery, Madison, Mitchell, 8
Watauga, Yancey
36 Burke, Caldwell 10
37 Randolph 10
38 Gaston 16
39 Cleveland, 13
Lincoln
40 Buncombe 14
41 McDowell, Rutherford 8
42 Henderson, Polk, Transylvania 9
43 Cherokee,
Clay, Graham, 1315
Haywood, Jackson, Macon,
Swain.
44 Catawba 10"
SECTION 4.(a) There is appropriated to the Administrative Office of the Courts the sum of five hundred fifty‑three thousand nine hundred forty‑six dollars ($553,946) in recurring funds for the 2021‑2022 fiscal year and seven hundred fifty‑nine thousand thirty‑eight dollars ($759,038) in recurring funds for the 2022‑2023 fiscal year to be allocated as follows:
(1) $247,515 in fiscal year 2021‑2022 and $424,310 in fiscal year 2022‑2023 for two district court judge positions.
(2) $39,617 in fiscal year 2021‑2022 and $67,914 in fiscal year 2022‑2023 for one district court judicial assistant position.
(3) $266,814 in each fiscal year of the 2021‑2023 fiscal biennium for two assistant district attorney positions.
SECTION 4.(b) There is appropriated to the Administrative Office of the Courts the sum of thirty thousand nine hundred seventy dollars ($30,970) in nonrecurring funds for the 2021‑2022 fiscal year to be allocated as follows:
(1) $20,030 for the two district court judge positions funded in subsection (a) of this section.
(2) $3,436 for the one district court judicial assistant position funded in subsection (a) of this section.
(3) $7,504 for the two assistant district attorney positions funded in subsection (a) of this section.
SECTION 5. Sections 1 and 2 of this act become effective December 1, 2021, and apply to actions, proceedings, and hearings occurring on or after that date. Sections 3 and 4 of this act become effective July 1, 2021. The remainder of this act is effective when it becomes law.