Bill Summary for H 717 (2017-2018)

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Summary date: 

Oct 5 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 3rd edition.

Adds whereas clauses.

Amends GS 7A-40.5, judicial divisions and superior court districts as follows. Changes the make up of Districts 39A and 39B (Buncombe County). Increases the number of superior court judges for District 5 from two to three. Amends the residency requirements for persons running for judgeships in District 5. Adds that one judge in District 5 from Greene, Lenoir, or Wayne County takes office on January 1, 2021, with elections in 2020. Provides that one judge in District 5 from Greene or Lenoir County, and one judge from Wayne County take office on January 1, 2025, with elections in 2024.  Adds that the voters of District 7 must elect all judges established for the district but only persons who reside in Edgecombe County may be candidates for one of the judgeships, only persona residing in Nash County may be candidates for one of the judgeships, and only person who reside in Wilson County may be candidates for the remaining judgeship. Makes a technical correction and conforming changes.

Deletes the provision of GS 7A-45.4 (a) through (a9) and instead provides as follows. Specifies that the statute governs the appointment of special superior court judges. Subjects special superior court judges to the same oath of office and the same requirements and disabilities as for regular superior court judges except for the residency requirement. Allows the Governor to appoint a new special superior court judge upon the retirement, resignation, removal from office, death, or expiration of the term of the specified current superior court judgeships. Requires that before the Governor submits a nominee to the General Assembly for a judgeship to the business court, the Governor must consult with the Chief Justice.

Amends GS 7A-133.5, concerning the districts for district court judges, as follows. Changes the make up of Districts 39A and 39B (Buncombe County). Increases the number of district court judges in District 18C from two to three. Makes technical changes. Amends the provisions for judges in the specified districts who are to take office on January 1, 2019, with elections in 2018, as follows. Makes the provision also applicable to three (was two) judges in District 16; two (was, one) judge in District 18C; one judge in District 19; one judge from Anson or Richmond County (was, one judge) in District 24; five (was, three) judges in District 26A; four (was, six) judges in District 26B; two judges in District 30B (was, in 30A); seven (was, six) judges in District 35; three (was, two) judges in District 39A; and two (was, three) judges in District 39B. Amends the provision for judges in the specified districts, who are to take office on January 1, 2021, with elections in 2020, as follows. Makes the provision also applicable to one (was, two) judges from District 16; three (was, four) judges from District 19; one judge from Anson or Richmond counties in District 24 and five judges from Anson, Richmond, or Union counties in District 24; seven (was, nine) judges from District 26A; five (was, three) judges from District 26B); one (was, three) judges from District 30A; one (was, three) judge from District 30B; one (was, two) judge fro District 35; one (was, two) from District 39A; and one judge from District 39B. Makes technical and conforming changes.

Adds that the voters of District 24 must elect all judges established for the district, but only persons residing in Anson or Richmond counties may be candidates for two of the judgeships and only persons residing in Anson, Richmond, or Union counties may be candidates for the remaining judgeships.

Amends GS 7A-60.5 by increasing the designated number of full-time district attorneys in the following districts: 5, 6, 10, 15, 18, 25, 26, 30, and 41.