Bill Summary for H 717 (2017-2018)

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Summary date: 

Jun 26 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 717 (Public) Filed Monday, April 10, 2017
AN ACT TO REVISE THE JUDICIAL DIVISIONS; TO MAKE CERTAIN ADJUSTMENTS TO THE ASSIGNMENT OF COUNTIES TO THE SUPERIOR COURT, DISTRICT COURT, AND PROSECUTORIAL DISTRICTS; TO CLARIFY LISTING OF JUDICIAL SEATS ON THE BALLOT; AND TO LIMIT ROTATION OF SUPERIOR COURT JUDGES TO SIX MONTHS PER YEAR.
Intro. by Burr, Stone, Destin Hall, Millis.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Deletes the previous provisions. Changes the act's long and short titles, and now provides the following. 

Section 1

Repeals GS 7A-41, which details current superior court divisions and districts, and provides for the number of judges in each district (the previous edition amended GS 7A-41).

Enacts GS 7A-40.5, setting forth new judicial divisions and superior court districts, as well as providing for the number of judges for each district as now described. Specifies that the names and boundaries of voting tabulation districts, tracts, block group, and blocks are as shown on the 2010 Census Redistricting TIGER/Line Shapefiles, and provides that the new boundaries remain as depicted by the 2010 Census in the case of changes in voting tabulation district boundaries. Directs the Legislative Services Officer to certify a true copy of the block assignment file associated with any mapping software used to generate the new divisions and districts. Directs that the certified true copy be delivered to the Principal Clerks. Provides that this certified true copy of the block assignment file controls if any areas within the State is not assigned to a specific district by the new statute. Clarifies the effect of the act upon Superior Court Judges elected on or before January 1, 2017, specifying when judges in specific districts will take office after the specified election. Specifies the number of  judges by district that take office: on January 1, 2019, with elections in 2018; on January 1, 2021, with elections to be held in 2020; on January 1, 2023, with elections in 2022; and on January 1, 2025, with elections held in 2024.

Authorizes the Chief Justice of the Supreme Court to make assignments of any Superior Court Judge from one district to another for temporary duty that can extend for the duration of an elected term beginning on or after January 1, 2017. Permits the Chief Justice to consider the districts and the number of judges per district as set out in this statute. Establishes that the principle of rotating judges among the various districts of a division is a salutary one and must be observed. Requires any election and vacancy to be filled in accordance with Section 19, Article IV, of the Constitution be conducted in accordance with the new districts as described in this statute. Adds that if a vacancy is created in a district with an insufficient number of judges allocated to that district to allow all elected judges to continue to serve and fill the vacancy, the vacancy is not to be filled.

Section 2

Repeals subsections (a) through (b4) in GS 7A-133, which detailed the number of judges for each district court district and sets forth specific provisions for split districts and certain other districts as described. Makes conforming changes to the title of the statute.

Enacts GS 7A-133.5, setting forth new district court districts, as well as providing for the number of judges for each district as now described. Sets out specific provisions concerning District 28, consisting of Montgomery County and Stanly County. Specifies that the names and boundaries of voting tabulation districts, tracts, block group, and blocks are as shown on the 2010 Census Redistricting TIGER/Line Shapefiles, and provides that the new boundaries remain as depicted by the 2010 Census in the case of changes in voting tabulation district boundaries. Directs the Legislative Services Officer to certify a true copy of the block assignment file associated with any mapping software used to generate the new divisions and districts. Directs that the certified true copy be delivered to the Principal Clerks. Provides that this certified true copy of the block assignment file controls if any areas within the State are not assigned to a specific district by the new statute. Clarifies the effect of the act upon District Court Judges elected on or before January 1, 2017, specifying when the judges in specific districts will take office after the specified election. Specifies the number of judges by district that take office on January 1, 2019, with elections in 2018, and on January 1, 2021, with elections to be held in 2020.

Authorizes the Chief Justice of the Supreme Court to make assignments of any District Court Judge from one district to another for temporary duty that can extend for the duration of an elected term beginning on or before January 1, 2017. Permits the Chief Justice to consider the districts and the number of judges per district as set out in this statute. Directs that the Governor must fill District Court Judge vacancies in accordance with the new districts and the number of judges per district as set out in this statute. Adds that if a vacancy is created in a district with an insufficient number of judges allocated to that district to allow all elected judges to continue to serve and fill the vacancy, the vacancy is not to be filled.

Section 3

Repeals GS 7A-60, which detailed the current prosecutorial districts and the number of assistant district attorneys assigned to each of those districts. 

Enacts GS 7A-60.5, which details the new prosecutorial districts and the number of full-time assistant district attorneys assigned to each of those districts as now described. Specifies that each prosecutorial district is to have one elected district attorney who is a resident of that prosecutorial district. Specifies that the names and boundaries of voting tabulation districts, tracts, block group, and blocks are as shown on the 2010 Census Redistricting TIGER/Line Shapefiles, and provides that if any county boundary is changed, that change alters the boundary of the district. Directs the Legislative Services Officer to certify a true copy of the block assignment file associated with any mapping software used to generate the new divisions and districts. Directs that the certified true copy be delivered to the Principal Clerks. Provides that this certified true copy of the block assignment file controls if any areas within the State are not assigned to a specific district by the new statute. Establishes that the office and term of any District Attorney beginning on or before January 1, 2017, must continue until the expiration of the current elected term without transfer of any assistant district attorneys assigned, and upon expiration, elections must be in accordance with the districts as set out in this statute, with any open investigations or pending cases transferred accordingly along with any assistant district attorney positions upon the newly elected district attorney taking the oath of office. Adds that a vacancy in the office of district attorney must be filled as provided in Section 19, Article IV, of the Constitution. 

Amends GS 7A-63, pertaining to assistant district attorneys, removing language qualifying that the number of full-time assistant district attorneys is to be developed by the General Assembly after consulting the workload formula established through the National Center for State Courts.

Provides that if a vacancy occurs in the office of District Attorney and the district to which the district attorney was elected no longer exists under GS 7A-60.5, as enacted, the vacancy is not to be filled in order to implement the districts as set out in the statute as enacted.

Section 4

Directs the Administrative Office of the Courts (AOC), the Courts Commission, and the Legislative Services Commission to study and determine quantifiable workload assessment by county for prosecutorial, district, and superior courts to assist the General Assembly in dividing the State into a convenient number of districts and divisions for the administration of the judicial branch. Directs the Court Commission to make a report to the 2019 Regular Session on or before December 15, 2018, with any recommendations. 

Section 5

Repeals Section 18B.9 of SB 257 (Appropriations Act of 2017) of the 2017 Regular Session only if SB 257 becomes law (Section 18B.9 amends GS 7A-41, GS 7A-133, GS 7A-60, and GS 7A-63, and repeals GS 7A-60(a2)).

Section 6

Provides that the act is effective January 1, 2019, and requires elections in 2018 and thereafter to be held accordingly.