IN-SERVICE TRAINING/MAGISTRATES.

View NCGA Bill Details2021
House Bill 27 (Public) Filed Thursday, January 28, 2021
AN ACT TO ENSURE THAT ALL MAGISTRATES RECEIVE THE EDUCATION NECESSARY TO PERFORM THE DUTY OF A MAGISTRATE.
Intro. by Clampitt.

Status: Ch. SL 2021-146 (Sep 10 2021)

SOG comments (2):

Long title change

Senate committee substitute to the 3rd edition changed the long title. Original title was AN ACT TO ENSURE THAT ALL MAGISTRATES RECEIVE THE EDUCATION NECESSARY TO PERFORM THEIR JOBS.

Long title change

Senate amendment to the 4th edition changed the long title. Previous long title was AN ACT TO ENSURE THAT ALL MAGISTRATES RECEIVE THE EDUCATION NECESSARY TO PERFORM THEIR JOBS AND TO REINSTATE THE DISCRETION OF A JUDICIAL OFFICIAL IN SETTING APPROPRIATE CONDITIONS OF PRETRIAL RELEASE FOR A DEFENDANT THAT HAS PREVIOUSLY FAILED TO APPEAR IN COURT FOR THE CHARGES TO WHICH THE CONDITIONS APPLY, AS RECOMMENDED BY THE COURTS COMMISSION.

Bill History:

H 27/S.L. 2021-146

Bill Summaries:

  • Summary date: Sep 13 2021 - More information

    AN ACT TO ENSURE THAT ALL MAGISTRATES RECEIVE THE EDUCATION NECESSARY TO PERFORM THE DUTY OF A MAGISTRATE. SL 2021-146. Enacted Sept. 10, 2021. Effective Jan. 1, 2022.


  • Summary date: Aug 26 2021 - More information

    Senate amendment makes the following changes to the 4th edition. Deletes the proposed changes to GS 15A-534 that would have removed the mandates that (1) judicial officials require a defendant to execute a secured appearance bond when imposing house arrest with electronic monitoring as a condition of pretrial release and (2) a judicial official require a defendant who has failed to appear on one or more prior occasions to answer the charge(s) to which pretrial conditions apply to execute a secured appearance bond in an amount at least double the amount of the most recent previous secured or unsecured bond, or $1,000 if no bond has been required of the charges, instead requiring that the judicial official impose conditions of pretrial release provided by the statute, which includes imposing restrictions on travel, associations, conduct, or place of abode of the defendant. Makes conforming changes to the act's long title. 


  • Summary date: Aug 24 2021 - More information

    Senate committee substitute adds the following content to the 3rd edition.

    Amends GS 15A-534 to no longer mandate judicial officials to require a defendant to execute a secured appearance bond when imposing house arrest with electronic monitoring as a condition of pretrial release. Additionally, no longer mandates a judicial official to require a defendant who has failed to appear on one or more prior occasions to answer the charge(s) to which pretrial conditions apply to execute a secured appearance bond in an amount at least double the amount of the most recent previous secured or unsecured bond, or $1,000 if no bond has been required of the charges. Instead, requires the judicial official to impose conditions of pretrial release provided by the statute, which includes imposing restrictions on travel, associations, conduct, or place of abode of the defendant. Effective December 1, 2021, and applies to conditions of pretrial release imposed on or after that date. Makes clarifying changes to the act's effective date provisions. Makes conforming changes to the act's long title. 


  • Summary date: Mar 3 2021 - More information

    House committee substitute amends the 2nd edition as follows.

    Deletes the appropriation to the Administrative Office of the Courts for a Court Process Analyst and the provisions related to the position's duties.


  • Summary date: Feb 24 2021 - More information

    House committee substitute amends the 1st edition as follows.

    Amends the proposed continuing education and training requirements for serving magistrates in GS 7A-177(b1) to require the inclusion of orders of protection in the mandated subjects to be covered.

    Appropriates $125,387 in recurring funds and $2,906 in nonrecurring funds from the General Fund to the Administrative Office of the Courts (AOC) for 2021-22 to establish a position for Court Process Analyst. Charges the Court Process Analyst with coordinating in-service education for all serving magistrates, with specified duties, including (1) developing or contracting curriculum criteria based on current statutes, (2) maintaining a database of serving magistrates' completed mandated training hours and notifying delinquent magistrates, (3) producing all annual reports of hours and participants to AOC for magistrates to maintain standing, and (4) conducting in-person regional training opportunities statewide and coordinating with the State Board of Community Colleges to disseminate in-service training opportunities. Effective July 1, 2021. 


  • Summary date: Jan 28 2021 - More information

    Amends GS 7A-171.2 to require an individual to now also have completed an annual in-service training in addition to the already required basic training course in order to be eligible for re-nomination as a magistrate.

    Amends GS 7A-177 by removing requirements related to continuing education courses and instead requires magistrate to annually complete a course of in-service training (except for the calendar year in which the magistrate completes the course of basic training). The course must be satisfactorily completed and consists of at least 12 hours in a magistrate's civil and criminal duties, including, but not limited to, five specified topics. The Administrative Office of the Courts (AOC) is authorized to conduct the training or may contract with the UNC School of Government or any other qualified educational organization to do so. Requires AOC to adopt policies to implement these requirements.

    Effective January 1, 2022.


Printer-friendly: Click to view