GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 HOUSE BILL 1037 PROPOSED COMMITTEE SUBSTITUTE H1037-PCS30488-BK-40

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1 H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 HOUSE BILL PROPOSED COMMITTEE SUBSTITUTE H-PCS0-BK-0 D Short Title: Various Judicial Districts Changes. (Public) Sponsors: Referred to: May 1, A BILL TO BE ENTITLED AN ACT TO REVISE CERTAIN JUDICIAL DISTRICTS. The General Assembly of North Carolina enacts: SECTION 1.(a) G.S. A-1 reads as rewritten: " A-1. Superior court divisions and districts; judges. (a) The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section: Superior Judicial Court No. of Resident Division District Counties Judges - First 1 Camden, Chowan, Currituck, Dare, Gates, Pasquotank, Perquimans First Beaufort, Hyde, 1 Martin, Tyrrell, Washington First A Pitt Second B Carteret, Craven, Pamlico Second A Duplin, Jones, Onslow, 1 Sampson Second B Onslow 1 Second A (part of New Hanover, 1 part of Pender B (part of New Hanover, 1 part of Pender C (part of New Hanover, 1 First A Halifax 1 *H-PCS0-BK-0*

2 General Assembly Of North Carolina Session 0 First B Bertie, Hertford, 1 Northampton First A Nash 1 First B (part of Wilson, 1 part of Edgecombe, First C (part of Wilson, 1 part of Edgecombe, Second A Lenoir and Greene 1 Second B Wayne 1 Third Franklin, Granville, Person, Vance, Warren Third A (part of Wake, 1 Third B (part of Wake, Third C (part of Wake, 1 Third D (part of Wake, 1 Fourth A Harnett, 1 Lee Fourth B Johnston 1 Fourth 1A (part of Cumberland, 1 Fourth 1B (part of Cumberland, 1 Fourth 1C (part of Cumberland, Fourth 1A Bladen, Columbus 1 Fourth 1B Brunswick 1 Third 1A (part of Durham, 1 Third 1B (part of Durham, Third 1A Alamance Third 1B Orange, Chatham Fourth 1A Anson, Richmond, Scotland, HokeScotland Fourth 1B Robeson Fifth A Caswell, Rockingham Fifth B Stokes, Surry Fifth A (part of Guilford, 1 Fifth B (part of Guilford, 1 Fifth C (part of Guilford, 1 Fifth D (part of Guilford, 1 Page House Bill H-PCS0-BK-0

3 General Assembly Of North Carolina Session 0 Fifth E (part of Guilford, 1 Sixth A Cabarrus 1 Fifth B Montgomery, Randolph 1 Sixth C Rowan 1 Fourth D Hoke, Moore 1 Sixth 0A Montgomery, Stanly 1 Sixth 0B Union Fifth 1A (part of Forsyth, 1 Fifth 1B (part of Forsyth, 1 Fifth 1C (part of Forsyth, 1 Fifth 1D (part of Forsyth, 1 Sixth A Alexander, Iredell Sixth B Davidson, Davie Fifth Alleghany, Ashe, 1 Wilkes, Yadkin Eighth Avery, Madison, Mitchell, Watauga, Yancey Seventh A Burke, Caldwell Seventh B Catawba Seventh A (part of Mecklenburg, Seventh B (part of Mecklenburg, Seventh C (part of Mecklenburg, Seventh A Gaston Seventh B Cleveland, Lincoln Eighth Buncombe Eighth A McDowell, 1 Rutherford Eighth B Henderson, Polk, 1 Transylvania Eighth 0A Cherokee, Clay, 1 Graham, Macon, Swain Eighth 0B Haywood, Jackson 1. (b1) The qualified voters of District shall elect all judges established for District in subsection (a) of this section, but only persons who reside in Onslow County may be candidates for one of the judgeships and only persons who reside in Duplin, Jones, or Sampson County may be candidates for the remaining judgeship.." H-PCS0-BK-0 House Bill Page

4 General Assembly Of North Carolina Session 0 SECTION 1.(b) The additional judges in Districts B, D, and 0A, as established by this section, shall take office on January 1, 0, with an election in 0 to be held accordingly. SECTION 1.(c) Except as provided in this section, this section becomes effective January 1, 0, and elections in 0 and thereafter shall be held accordingly. SECTION.(a) G.S. A-1 reads as rewritten: " A-1. Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties. (a) Each district court district shall have the numbers of judges as set forth in the following table: District Judges County 1 Camden Chowan Currituck Dare Gates Pasquotank Perquimans Martin Beaufort Tyrrell Hyde Washington A Pitt B Craven Pamlico Carteret Sampson Duplin Jones Onslow New Hanover Pender Northampton Bertie Hertford Halifax Nash Edgecombe Wilson Wayne Greene Lenoir Granville (part of Vance Franklin Person B Warren (part of Vance Page House Bill H-PCS0-BK-0

5 General Assembly Of North Carolina Session 0 Wake Harnett Johnston Lee 1 Cumberland 1 Bladen Brunswick Columbus 1 Durham 1A Alamance 1B Orange Chatham 1A Scotland Hoke Anson Richmond 1B Robeson A Caswell Rockingham B Stokes Surry 1 Guilford A Cabarrus B Montgomery Moore Randolph C Rowan D Hoke, Moore 0A StanlyMontgomery, Stanly 0B 1 (part of Union 0C (part of Union 0D 1 Union 1 Forsyth A Alexander Iredell B Davidson Davie Alleghany Ashe Wilkes Yadkin Avery Madison Mitchell Watauga Yancey Burke Caldwell H-PCS0-BK-0 House Bill Page

6 General Assembly Of North Carolina Session 0 Catawba 1 Mecklenburg A Gaston B Cleveland Lincoln Buncombe A McDowell Rutherford B Henderson Polk Transylvania 0 Cherokee Clay Graham Haywood Jackson Macon Swain. (b) For district court districts of less than a whole county, or with part or all of one county with part of another, the composition of the district is as follows: (b) The qualified voters of District D shall elect all judges established for District D in subsection (a) of this section, but only persons who reside in Hoke County may be candidates for one of the judgeships and only persons who reside in Hoke or Moore County may be candidates for the remaining judgeships.." SECTION.(b) The additional judge in District 0A, as established by this section, shall take office on January 1, 0, with an election in 0 to be held accordingly. SECTION.(a) G.S. A-0 reads as rewritten: " A-0. District attorneys and prosecutorial districts. (a) The State shall be divided into prosecutorial districts, as shown in subsection (a1) of this section. There shall be a district attorney for each prosecutorial district, as provided in subsections (b) and (c) of this section who shall be a resident of the prosecutorial district for which elected. A vacancy in the office of district attorney shall be filled as provided in Article IV, Sec. of the Constitution. (a1) (Effective January 1, 0) 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, Dare, Gates, Pasquotank, Perquimans Beaufort, Hyde, Martin, Tyrrell, Washington Pitt 1 Carteret, Craven, Pamlico 1 Duplin, Jones, Onslow, Sampson New Hanover, Pender Page House Bill H-PCS0-BK-0

7 General Assembly Of North Carolina Session 0 Bertie, Halifax, Hertford, Northampton Edgecombe, Nash, Wilson Greene, Lenoir, Wayne 1 Franklin, Granville, Person 1 Vance, Warren Wake 1 Harnett, Lee 1 Johnston 1 Cumberland 1 Bladen, Brunswick, Columbus 1 1 Durham Alamance 1 Orange, Chatham Scotland, Hoke 0 Robeson 1 1 Anson, RichmondRichmond, Scotland Caswell, Rockingham Stokes, Surry Guilford Cabarrus Montgomery, Randolph Rowan Hoke, Moore Montgomery, Stanly 0 Union 1 Forsyth Alexander, Iredell 1 Davidson, Davie 1 Alleghany, Ashe, Wilkes, Yadkin Avery, Madison, Mitchell, Watauga, Yancey Burke, Caldwell, Catawba Mecklenburg Gaston 1 Cleveland, Lincoln 1 0 Buncombe 1 1 McDowell, Rutherford Henderson, Polk, Transylvania Cherokee, Clay, Graham, 1 Haywood, Jackson, Macon, Swain.." SECTION.(b) The office and term of the district attorney for Prosecutorial District formerly consisting of Hoke and Scotland Counties is terminated upon the expiration of the current term, December 1, 00. Effective January 1, 01, District formerly consisting of Hoke and Scotland Counties is reassigned as provided in this section. All open investigations and pending cases for Prosecutorial District formerly consisting of Hoke and Scotland Counties shall be transferred to either District 1 or District, as enacted by this section. Hoke County is added to District, as enacted by this section, and the total number of ADAs in that district is nine. Scotland County is added to District 1, and the total number of ADAs in that district is seven. H-PCS0-BK-0 House Bill Page

8 General Assembly Of North Carolina Session 0 SECTION. If Senate Bill, 0 Regular Session, becomes law, The Director of the Budget shall increase the budget of the Administrative Office of the Courts from the unserved fund balance in an amount sufficient to cover the costs of the judgeships created by this bill. These funds are hereby appropriated. SECTION. This act is effective when it becomes law, and elections in 0 and thereafter shall be held accordingly. Page House Bill H-PCS0-BK-0