Bill Summary for H 1037 (2017-2018)

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Summary date: 

Jun 1 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 1037 (Public) Filed Wednesday, May 30, 2018
AN ACT TO REVISE CERTAIN JUDICIAL DISTRICTS.
Intro. by Dixon, Cleveland, Shepard.

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Bill summary

House committee substitute makes the following changes to the 1st edition. Changes title to "AN ACT TO REVISE CERTAIN JUDICIAL DISTRICTS." Amends GS 7A-41 with clarifying change to make clear that new Superior Court District 4 will have two judges. Moves Hoke County from District 16A to District 19D and moves Montgomery County from District 19B to District 20A. Increases the number of judges in Districts 19B, 19D, and 20A from one to two. These three new additional judges are to take office on January 1, 2019, with an election in 2018. Effective January 1, 2019 with elections in 2018 and thereafter to be held accordingly. 

Amends GS 7A-133, reducing the number of district court judges in District 16A from six to four, reducing the number of judges in District 19B from seven to five, and increasing the number of judges in District 20A from two to three. 

Creates new District 19D, consisting of 4 judges and covering Hoke and Moore Counties. Removes Hoke County from District 16A and removes Moore County from District 19B. Moves Montgomery County from District 19B to District 20A. 

Adds subsection (b5), establishing that only persons who reside in Hoke County can be candidates for one of the judgeships in District 19D, and only persons who reside in Hoke or Moore Counties may be candidates for the remaining judgeships in District 19D. 

Directs that the additional judge in District 20A will take office on January 1, 2019, with an election in 2018 to be held accordingly. 

Amends GS 7A-60, removing Prosecutorial District 19. Moves Scotland County from District 19 to District 21. Moves Hoke County from District 19 to District 28. Moves Montgomery County from District 26 to District 29. Changes the number of full-time assistant district attorneys (ADAs) in District 21 from six to seven. Changes the number of ADAs in District 28 from five to nine.  Changes the number of ADAs in District 29 from five to six.

Terminates the office and term of the district attorney of District 19 upon the expiration of its current term, December 31, 2020. Reassigns District 19 effective January 1, 2021. Directs the transfer of all open investigations and pending cases for District 19 to District 21 or 28. 

If Senate Bill 99 (Appropriations act of 2018), 2017 Regular Session, becomes law, directs the Director of the Budget to increase the budget of the Administrative Office of the Courts from the unserved fund balance in an amount sufficient to cover the costs for the judgships created by this bill. Appropriates these funds as necessary.