Conference report makes the following changes to the 8th edition.

Updates the lead in language to the changes to GS 7A-41.

Amends GS 7A-41 as follows. Keeps superior court district 3B in the second judicial division. Consolidates districts 4A and 4B into 4, now consisting of Duplin, Jones, and Onslow counties with 2 judges. Keeps districts 8A and 8B in the second division. Moves district 9 from the third division to the first. Reduces the number of judges in district 10B from two to one. Creates new districts 10E and 10F, each consisting of parts of Wake County, with one judge each. Moves districts 12A, 12B, and 12C into the third division. Moves districts 14A and 14B into the first division. Moves district 16A into the third district and removes Hoke County, which is not added to district 19D, which also has an additional judge. Moves districts 17A, 17B, 18A, 18B, 18C, 18D, and 18E into the fourth division. Removes Montgomery from district 19B and places it in district 20A, which receives an additional judge and is moved into the third division. Moves district 20B into the third division. Moves districts 26A, 26B, and 26C into the fifth division. Adds that the qualified voters of District 4 must elect all judges established for that district, but only residents of Onslow County may be candidates for one of the judgeships and only residents of Duplin, Jones, or Sampson may be candidates for the remaining judgeships. Requires the additional judge in District 19D to take office in January 1, 2019, and the additional judge in 20A to take office on January 1, 2021. Changes the effective date of the changes made to GS 7A-41 from July 1, 2018, to January 1, 2019.

Amends GS 7A-133 by making the following changes to district court districts. Moves Hoke County from district 16A to district 19D and Moore County from district 19B to 19D, which now consists of four judges. Moves Montgomery County from district 19B to 20A and makes a conforming increase in the number of judges to two. 

Requires the qualified voters of District 16A to elect all judges established for District 16A, but only residents of Anson County may be candidates for one of the judgeships, only residents of Scotland County may be candidates for one of the judgeships, and only residents of Richmond County may be candidates for the remaining judgeships.

Requires that: (1) In 2020, and every four years thereafter, the district court judgeship requiring a resident of Anson County and a district court judgeship requiring a resident of Richmond County must be  elected; (2) in 2022, and every four years thereafter, the district court judgeship requiring a resident of Scotland County must be elected, and a district court judgeship requiring a resident of Richmond County must be elected.

Requires the qualified voters of District 20A to elect all judges established for District 20A, but only residents of Montgomery County may be candidates for one of the judgeships, and only residents of Montgomery or Stanly County may be candidates for the remaining judgeships. Requires the qualified voters of District 25 to elect all judges established for District 25, but only residents of Catawba County may be candidates for five of the judgeships, and only residents in Burke or Caldwell County may be candidates for the remaining judgeships. Sets out additional requirements for transitioning District 25 from at-large to residency requirements. 

Requires the additional judge in District Court District 20A to take office on January 1, 2019. In implementing GS 7A-133(b6), the State Board of Elections and Ethics Enforcement must ensure that only residents of Montgomery County are candidates for the additional judgeship in the 2018 election, and every four years thereafter.

Makes GS 7A-133(b5) and GS 7A-133(b6), as enacted, effective January 1, 2021, with elections in 2020 to be held accordingly. GS 7A-133, as enacted, becomes effective January 1, 2019.

Amends GS 7A-60 by moving Franklin, Granville, Person, Vance, and Warren counties into prosecutorial district 11 and increases the number of full time assistant district attorneys by one. Moves Wake County into prosecutorial district 10. Moves Scotland County into prosecutorial district 21 and makes a conforming increase in the number of district attorneys. Reduces the number of assistant district attorneys in district 22 by one. Moves Hoke County into prosecutorial district 29 (was, 28) and makes a conforming increase in the number of assistant district attorneys. Moves Montgomery County into prosecutorial district 28 (was, 29) and increases the number of assistant district attorneys by one. Moves Catawba County into new prosecutorial district 44, consisting of 10 assistant district attorneys, and makes a conforming change to the number in district 36. Sets out provisions implementing these change, including transferring cases.

Adds that other than the filing period, the election for the office of judge for Superior Court District 19D and District Court District 20A must be held in accordance with Section 4 of SL 2017-214, as amended. Candidates seeking the office of judge for Superior Court District 19D or District Court District 20A must file their notice of candidacy with the State Board of Elections and Ethics Enforcement no earlier than noon on July 9, 2018, and no later than noon on July 13, 2018.

Amends SL 2018-5, Subsection 18B.6, by correcting a statutory reference.

Requires the Director of the Budget to increase the Administrative Office of the Courts' budget in an amount to cover the costs of the newly created judgeships.

Provides that if Senate Bill 757 becomes law, the assignment of judicial divisions in GS 7A-41(a), as enacted in that act, is repealed.

 

Senate committee substitute makes the following changes to the 5th edition.

Deletes the proposed changes of the previous edition. Changes the act's long and short titles, and now provides the following.

Amends GS 7A-41(a), modifying the superior court judicial divisions. Decreases the number of judicial divisions from eight to five, moving the counties to divisions as specified. Additionally, modifies the superior court judicial districts. Moves Hoke County from District 16A to District 19D (consisting of Moore County), and increases the number of resident superior court judges in District 19D from one to two. Increases the number of resident superior court judges in District 19A (consisting of Cabarrus County) from one to two. Provides that the additional judge in District 19D and the additional judge in District 19A will take office on January 1, 2021, with an election in 2020 to be held accordingly. Effective July 1, 2018.

Amends GS 7A-133, modifying the district court judicial districts. Creates new District 19D, consisting of Hoke and Moore counties and assigned five district court judges. Makes conforming changes to: (1) remove Hoke County from District 16A (now consisting of Scotland, Anson, and Richmond counties only) and reducing the number of district court judges in District 16A from six to four and (2) remove Moore County from District 19B (now consisting of Montgomery and Randolph counties only) and reducing the number of district court judges in District 19B from seven to four. Additionally, increases the number of district court judges in District 19A (Cabarrus County) from five to six, District 25 (Burke, Caldwell and Catawba counties) from nine to 10, and District 29A (McDowell and Rutherford counties) from three to four. Limits two of the judgeships in District 16A to Richmond County residents, one judgeship to Anson County residents, and one judgeship to Scotland County residents. Limits five of the judgeships in District 25 to Catawba County resident candidates with the remaining five judgeships to be limited to Burke and Caldwell county resident candidates. To that end, provides that the first three district court judgeship vacancies occurring in District 25 of a Catawba County resident holding a judgeship when the act becomes law is to be filled according to law, but the next general election for that district court judgeship is limited to Burke or Caldwell County candidates. Further provides that upon each of the first three district court judgeship vacancies occurring in District 25 of a Catawba County resident holding a judgeship on the effective date of the act, the State Board of Elections and Ethics Enforcement (SBEEE) must ensure that only Burke or Caldwell residents can file for candidacy for that district court judgeship at the next general election for that judgeship. Provides that the additional judgeships in District 25, District 29A, and  District 19A will take office on January 1, 2021, with an election in 2020 to be held accordingly. 

Amends GS 7A-60, modifying the prosecutorial districts. Adds Scotland County to District 21 (consisting of Anson and Richmond counties) and increases the number of full-time assistant district attorneys in District 21 from six to nine. Adds Hoke County to District 28 (consisting of Moore County) and increases the number of full-time assistant district attorneys in District 28 from five to nine. Makes conforming change to eliminate District 19, which consisted of Scotland and Hoke counties and was assigned seven full-time assistant district attorneys. Additionally, eliminates existing District 36 (consisting of Burke, Caldwell, and Catawba counties and assigned 19 full-time assistant district attorneys) and instead creates new District 36A, consisting of Burke and Caldwell counties and assigned 10 full-time assistant district attorneys; and new District 36B, consisting of Catawba County and assigned ten full-time assistant district attorneys. Terminates the office and term of the district attorney for District 19, eliminated as described above, upon the expiration of the current term, December 31, 2020. Reassigns District 19 as provided by the act, effective January 1, 2021, and requires all open investigations and pending cases to be transferred to either District 21 or 28. Terminates the office and term of the district attorney for District 36, eliminated as described above, upon the expiration of the current term, December 31, 2022. Reassigns District 36 as provided by the act, effective January 1, 2023, and requires all open investigations and pending cases to be transferred to either District 36A or 36B.

Amends GS 163A-1112, requiring that official ballots designate the vacancy sought if there are two or more vacancies for the office of justice or judge of the courts, but prohibits designation by the name(s) of any incumbent or other individual. Provides that the SBEEE determines the designation. Amends GS 163A-975, requiring superior court judges to designate the vacancy sought at the time of filing a notice of candidacy for any primary in which there are two or more vacancies for superior court judge (currently, not required of superior court candidates but required for associate justices of the Supreme Court, Court of Appeals, district court judge, and US Senators). Makes conforming change to reflect the new official ballot requirement set out in GS 163A-1112, as amended, prohibiting the required designation for the vacancy sought at the time of filing to be the name(s) of any incumbent or other individual and requiring the SBEEE to determine the designation. Applies to elections held on or after the date the act becomes law.

Amends GS 7A-47.3, requiring the Chief Justice to strive to allow each regular superior court judge to be assigned to the district or set of districts from which he or she was elected or appointed no less than one half of the calendar year in making rotation assignments. Makes organizational changes. 

House committee substitute makes the following changes to the 3rd edition.

Adds whereas clauses.

Amends GS 7A-40.5, judicial divisions and superior court districts as follows. Changes the make up of Districts 39A and 39B (Buncombe County). Increases the number of superior court judges for District 5 from two to three. Amends the residency requirements for persons running for judgeships in District 5. Adds that one judge in District 5 from Greene, Lenoir, or Wayne County takes office on January 1, 2021, with elections in 2020. Provides that one judge in District 5 from Greene or Lenoir County, and one judge from Wayne County take office on January 1, 2025, with elections in 2024.  Adds that the voters of District 7 must elect all judges established for the district but only persons who reside in Edgecombe County may be candidates for one of the judgeships, only persona residing in Nash County may be candidates for one of the judgeships, and only person who reside in Wilson County may be candidates for the remaining judgeship. Makes a technical correction and conforming changes.

Deletes the provision of GS 7A-45.4 (a) through (a9) and instead provides as follows. Specifies that the statute governs the appointment of special superior court judges. Subjects special superior court judges to the same oath of office and the same requirements and disabilities as for regular superior court judges except for the residency requirement. Allows the Governor to appoint a new special superior court judge upon the retirement, resignation, removal from office, death, or expiration of the term of the specified current superior court judgeships. Requires that before the Governor submits a nominee to the General Assembly for a judgeship to the business court, the Governor must consult with the Chief Justice.

Amends GS 7A-133.5, concerning the districts for district court judges, as follows. Changes the make up of Districts 39A and 39B (Buncombe County). Increases the number of district court judges in District 18C from two to three. Makes technical changes. Amends the provisions for judges in the specified districts who are to take office on January 1, 2019, with elections in 2018, as follows. Makes the provision also applicable to three (was two) judges in District 16; two (was, one) judge in District 18C; one judge in District 19; one judge from Anson or Richmond County (was, one judge) in District 24; five (was, three) judges in District 26A; four (was, six) judges in District 26B; two judges in District 30B (was, in 30A); seven (was, six) judges in District 35; three (was, two) judges in District 39A; and two (was, three) judges in District 39B. Amends the provision for judges in the specified districts, who are to take office on January 1, 2021, with elections in 2020, as follows. Makes the provision also applicable to one (was, two) judges from District 16; three (was, four) judges from District 19; one judge from Anson or Richmond counties in District 24 and five judges from Anson, Richmond, or Union counties in District 24; seven (was, nine) judges from District 26A; five (was, three) judges from District 26B); one (was, three) judges from District 30A; one (was, three) judge from District 30B; one (was, two) judge fro District 35; one (was, two) from District 39A; and one judge from District 39B. Makes technical and conforming changes.

Adds that the voters of District 24 must elect all judges established for the district, but only persons residing in Anson or Richmond counties may be candidates for two of the judgeships and only persons residing in Anson, Richmond, or Union counties may be candidates for the remaining judgeships.

Amends GS 7A-60.5 by increasing the designated number of full-time district attorneys in the following districts: 5, 6, 10, 15, 18, 25, 26, 30, and 41.

 

 

House committee substitute makes the following changes to the 2nd edition.

Changes the short title of the act.

Makes the following changes to new GS 7A-40.5. Makes organizational changes by moving the number of superior court judges for each district to a new subsection (b). Amends the judicial divisions and the number of superior court judges in those districts as follows. Increases the number of judges in District 2 from one to two. Combines Districts 4A and 4B into District 4, consisting of Duplin, Jones, Onslow, and Sampson counties (Jones County was in District 5B) and makes conforming changes. Combines Districts 5A and 5B into District 5, consisting of Green, Lenoir, and Wayne counties and makes conforming changes. Combines Districts 6A and 6B into District 6, consisting of Pitt County in its entirety and makes conforming changes. Increases the number of judges for District 7 from two to three. Moves Warren County from District 9 to District 8 and increases the number of judges in each of those districts by one. Deletes District 17 and moves Harnett and Lee counties to District 11, which was formerly only Johnston County, and increases the number of judges in District 11 from two to three. Combines Districts 13A and 13B into District 13, consisting of Bladen, Brunswick, and Columbus counties, and adds a judge to the District. Increases the number of judges in District 16 from one to two.  Amends the portions of Durham County that make up District 18A and 18B and creates new District 18C, consisting of specified portions of Durham County, and gives each of the districts one judge. Amends the portions of Guilford County that make up District 22A and 22B and creates new Districts 22C, 22D, and 22E, each consisting of specified portions of Guilford County, and gives each of the districts one judge. Renumbers District 26 (Cabarrus County) to District 25. Renumbers District 25A and 25B to District 26A and 26B and amends the portions of Mecklenburg County that make up each of those districts; gives District 26A five judges and 26B three judges. Increases the number of judges in District 28 from one to two. Amends the portions of Forsyth County that make up Districts 30A, 30B, 30C, and 30D. Increases the number of judges in District 33 from two to three. Increases the number of judges in District 34 from two to three. Combines Districts 35A and 35B into District 35 and makes conforming changes. Combines Districts 41A and 41B into District 41 and makes conforming changes.

Adds to new GS 7A-40.5 that for superior court, candidates for specified judgeships must reside in the specified counties for Districts 4, 5, 11, 13, 35, and 41.

Further amends the statute by amending the requirement that judges in the specified districts take office on January 1, 2019, with elections in 2018, as follows. Changes the number of judges included from the following districts: 7, 18A, 26B, and 35. Adds Districts 16, 25, 28, and 35, and deletes Districts 12A, 17, and 18B. Specifies which judges are impacted by specifying the county they are from for the following districts: 13, 35, and 41. Makes additional conforming changes.

Further amends the statute by amending the requirement that judges in the specified districts take office on January 1, 2021, with elections in 2020, as follows. Adds Districts 4, 9, 11, 22C, 26A, 30B, and 30D, and deletes Districts 4B, 17, 18B, 22A, 30A, and 30C. Specifies which judges are impacted by specifying the county they are from for the following districts: 4 and 11. Makes additional conforming changes.

Further amends the statute by amending the requirement that judges in the specified districts take office on January 1, 2023, with elections in 2022, as follows. Adds districts 4, 6, 22B, 30C, and 35, and deletes district 30B. Specifies which judges are impacted by specifying the county they are from for the following districts: 4, 11, 35, and 41. Makes additional conforming changes.

Further amends the statute by amending the requirement that judges in the specified districts take office on January 1, 2025, with elections in 2024, as follows. Adds Districts 12A and 30A and deletes District 30D. Specifies which judges are impacted by specifying the county they are from for District 13. Makes additional conforming changes.

Amends proposed (g)(7) by specifying that if a vacancy is created in a set of districts with an insufficient number of judges allocated to that set of districts to allow all elected judges, as of October 1, 2017, to continue to serve and fill the vacancy, the vacancy must not be filled.

Makes the following changes to new GS 7A-133.5. Makes organizational changes by moving the number of district court judges for each district to a new subsection (b). Amends the judicial divisions and the number of district court judges in those districts as follows. Moves Jones County from District 5 to District 4 and increases the number of judges in District 4 from eight to nine. Combines District 6A and 6B into District 6, consisting of Pitt County in its entirety and makes conforming changes. Increases the number of judges in District 8 from four to five. Moves Warren County from District 9 to District 8. Deletes District 17 and moves Harnett and Lee counties to District 11, which was formerly only Johnston County, and increases the number of judges in District 11 from six to 12. Increases the number of judges in District 13 from six to seven. Increases the number of judges in District 14 from six to seven. Amends the portions of Durham County that make up Districts 18A and 18B and creates new District 18C, consisting of specified portions of Durham County, and gives each of the districts two judges. Increases the number of judges in District 20 from four to five.  Amends the portions of Guilford County that make up Districts 22A, 22B, 22C, 22D, and 22E, each consisting of specified portions of Guilford County, and gives each of the districts three judges. Increases the number of judges in District 23 from five to six. Renumbers District 26 (Cabarrus County) to District 25 and increases the number of judges from five to six. Renumbers District 25A and 25B to District 26A and 26B and amends the portions of Mecklenburg County that make up each of those districts; gives District 26A 12 judges and gives District 26B nine judges. Amends the portions of Forsyth County that make up Districts 30A, 30B, 30C, and 30D. Increases the number of judges in District 30B from two to three judges. Increases the number of judges in District 32 from five to six. Increases the number of judges in District 35 from nine to 10. Increases the number of judges in District 36 from four to five. Increases the number of judges in District 38 from three to four. Increases the number of judges in District 40 from four to five.

Adds to new GS 7A-133.5 that for district court, candidates for specified judgeships must reside in the specified counties for Districts 4, 11, 13, 28, 29, 32, 35, and 36. Further amends the statute by amending the requirement that judges in the specified districts take office on January 1, 2019, with elections in 2018, as follows. Changes the number of judges included from the following districts: 4, 10AE, 10BD, 10C, 11, 12B, 13, 18A, 18B, 23, 26A, 26B, 30A, 30D, 32, 35, 36, 39A, and 39B. Adds Districts 6, 8, 18C, and 40, and deletes Districts 6A, 6B, 9, 12C, 17, 19, 30B, and 30C.

Further amends the statute by amending the requirement that judges in the specified districts take office on January 1, 2021, with elections in 2020, as follows. Changes the number of judges included from the following districts: 4, 9, 10BD, 10C, 11, 12B, 12C, 13, 14, 19, 20, 22A, 22B, 23, 26A, 26B, 30A, 30B, 30C, 30D, 32, 34, 35, and 39A. Adds Districts 6, 18C, 22C, 22D, 22E, and 38, and deletes Districts 6A, 6B, 17, 18A, 18B, and 39B. Makes additional conforming changes.

Makes the following changes to new GS 7A-60.5. Makes organizational changes by moving the number of district attorneys for each prosecutorial district to a new subsection (b). Amends the prosecutorial divisions and the number of district attorneys in those districts as follows. Moves Jones County from District 5 to District 4 and increases the number of district attorneys in District 4 from 19 to 20. Increases the number of district attorneys in District 7 from 19 to 20. Increases the number of district attorneys in District 8 from 11 to 12. Moves Warren County from District 9 to District 8.  Increases the number of district attorneys in District 9 from 13 to 15. Increases the number of district attorneys in District 10 from 42 to 44. Increases the number of district attorneys in District 13 from 14 to 15. Increases the number of district attorneys in District 17 from 11 to 13. Increases the number of district attorneys in District 22 from 34 to 36. Renames District 26 (Cabarrus County) to District 25 and increases the number of district attorneys from nine to 10. Renames District 25 (Mecklenburg County) to District 26. Increases the number of district attorneys in District 33 from 15 to 16. Increases the number of district attorneys in District 34 from 12 to 13. Increases the number of district attorneys in District 40 from nine to 10. Increases the number of district attorneys in District 41 from 12 to 13. Moves Anson and Richmond Counties from District 24 to new District 42, and gives new District 42 six district attorneys. Moves Catawba County from District 36 to new District 43, and gives new District 43 11 district attorneys. Makes additional conforming changes. Further amends the statute by deleting language concerning implementation of these prosecutorial divisions providing for the office and term of any district attorney beginning on or before January 1, 2017, to continue until the expiration of the current elected term without transfer of any assistant district attorneys assigned. Instead enacts language providing for specified terms for district attorneys and subsequent transfer of attorneys in Districts 19, 18, 20, and 26.

Amends GS 163-165.5 to require each official ballot to contain the designation of vacancy sought when there are two or more vacancies for an elected office. Requires the designation to be provided as determined by the Bipartisan State Board of Elections and Ethics Enforcement (State Board). Prohibits the designation of the vacancy by the name(s) of any incumbent or other individual.

Amends GS 163-106 to require the notice of candidacy for certain offices (Supreme Court associate justices, Court of Appeals, district court judge, and US Senate) to designate the vacancy sought in a form determined by the State Board. Prohibits the designation of the vacancy by the name(s) of any incumbent or other individual. 

Deletes language requiring that Section 18B.9 of Senate Bill 257 of the 2017 Regular Session, which eliminated Prosecutorial District 9A and divided the district between Districts 9 and 17A, be repealed if the act becomes law.

Makes technical changes.