MODIFY APPOINTMENT PROCESS FOR DA VACANCIES.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 478 (Public) Filed Thursday, March 20, 2025
AN ACT TO MODIFY THE APPOINTMENT PROCESS TO FILL DISTRICT ATTORNEY VACANCIES.
Intro. by Balkcom, Stevens, K. Hall, Biggs.

Status: Ref to the Com on Judiciary 2, if favorable, Election Law, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 24 2025)
H 478

Bill Summaries:

  • Summary date: Mar 20 2025 - View Summary

    Amends GS 163-10, which currently requires vacancies in the office of district attorney to be filled by appointment of the Governor. Now requires those vacancies to be appointed by the Governor from a list of up to three qualified people (defined as those duly authorized to practice law in NC) recommended by the district executive committee of the political party in which the vacancy occurs; requires each recommended person to be members of the party with which the vacating district attorney was affiliated when elected or appointed (if they were not affiliated with a party, requires the recommended persons to be qualified persons recommended by a majority of the members of the NCGA representing any portion of the prosecutorial district of the vacating district attorney). Allows the Governor to make the appointment if recommendations are not made within 30 days of the occurrence of the vacancy. Makes conforming changes.

    Specifies that if a vacancy requiring recommendations occurred prior to the date this act becomes effective and is vacant on the date this act becomes effective, the entity making recommendations as provided in GS 163-10 has 30 days from the date this act becomes effective to make recommendations to the Governor.