Bill Summary for H 717 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Oct 4 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.

View: All Summaries for BillTracking:

Bill summary

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.