Bill Summary for H 717 (2017-2018)

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Summary date: 

Jun 4 2018

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

Senate committee substitute makes the following changes to the 5th edition.

Deletes the proposed changes of the previous edition. Changes the act's long and short titles, and now provides the following.

Amends GS 7A-41(a), modifying the superior court judicial divisions. Decreases the number of judicial divisions from eight to five, moving the counties to divisions as specified. Additionally, modifies the superior court judicial districts. Moves Hoke County from District 16A to District 19D (consisting of Moore County), and increases the number of resident superior court judges in District 19D from one to two. Increases the number of resident superior court judges in District 19A (consisting of Cabarrus County) from one to two. Provides that the additional judge in District 19D and the additional judge in District 19A will take office on January 1, 2021, with an election in 2020 to be held accordingly. Effective July 1, 2018.

Amends GS 7A-133, modifying the district court judicial districts. Creates new District 19D, consisting of Hoke and Moore counties and assigned five district court judges. Makes conforming changes to: (1) remove Hoke County from District 16A (now consisting of Scotland, Anson, and Richmond counties only) and reducing the number of district court judges in District 16A from six to four and (2) remove Moore County from District 19B (now consisting of Montgomery and Randolph counties only) and reducing the number of district court judges in District 19B from seven to four. Additionally, increases the number of district court judges in District 19A (Cabarrus County) from five to six, District 25 (Burke, Caldwell and Catawba counties) from nine to 10, and District 29A (McDowell and Rutherford counties) from three to four. Limits two of the judgeships in District 16A to Richmond County residents, one judgeship to Anson County residents, and one judgeship to Scotland County residents. Limits five of the judgeships in District 25 to Catawba County resident candidates with the remaining five judgeships to be limited to Burke and Caldwell county resident candidates. To that end, provides that the first three district court judgeship vacancies occurring in District 25 of a Catawba County resident holding a judgeship when the act becomes law is to be filled according to law, but the next general election for that district court judgeship is limited to Burke or Caldwell County candidates. Further provides that upon each of the first three district court judgeship vacancies occurring in District 25 of a Catawba County resident holding a judgeship on the effective date of the act, the State Board of Elections and Ethics Enforcement (SBEEE) must ensure that only Burke or Caldwell residents can file for candidacy for that district court judgeship at the next general election for that judgeship. Provides that the additional judgeships in District 25, District 29A, and  District 19A will take office on January 1, 2021, with an election in 2020 to be held accordingly. 

Amends GS 7A-60, modifying the prosecutorial districts. Adds Scotland County to District 21 (consisting of Anson and Richmond counties) and increases the number of full-time assistant district attorneys in District 21 from six to nine. Adds Hoke County to District 28 (consisting of Moore County) and increases the number of full-time assistant district attorneys in District 28 from five to nine. Makes conforming change to eliminate District 19, which consisted of Scotland and Hoke counties and was assigned seven full-time assistant district attorneys. Additionally, eliminates existing District 36 (consisting of Burke, Caldwell, and Catawba counties and assigned 19 full-time assistant district attorneys) and instead creates new District 36A, consisting of Burke and Caldwell counties and assigned 10 full-time assistant district attorneys; and new District 36B, consisting of Catawba County and assigned ten full-time assistant district attorneys. Terminates the office and term of the district attorney for District 19, eliminated as described above, upon the expiration of the current term, December 31, 2020. Reassigns District 19 as provided by the act, effective January 1, 2021, and requires all open investigations and pending cases to be transferred to either District 21 or 28. Terminates the office and term of the district attorney for District 36, eliminated as described above, upon the expiration of the current term, December 31, 2022. Reassigns District 36 as provided by the act, effective January 1, 2023, and requires all open investigations and pending cases to be transferred to either District 36A or 36B.

Amends GS 163A-1112, requiring that official ballots designate the vacancy sought if there are two or more vacancies for the office of justice or judge of the courts, but prohibits designation by the name(s) of any incumbent or other individual. Provides that the SBEEE determines the designation. Amends GS 163A-975, requiring superior court judges to designate the vacancy sought at the time of filing a notice of candidacy for any primary in which there are two or more vacancies for superior court judge (currently, not required of superior court candidates but required for associate justices of the Supreme Court, Court of Appeals, district court judge, and US Senators). Makes conforming change to reflect the new official ballot requirement set out in GS 163A-1112, as amended, prohibiting the required designation for the vacancy sought at the time of filing to be the name(s) of any incumbent or other individual and requiring the SBEEE to determine the designation. Applies to elections held on or after the date the act becomes law.

Amends GS 7A-47.3, requiring the Chief Justice to strive to allow each regular superior court judge to be assigned to the district or set of districts from which he or she was elected or appointed no less than one half of the calendar year in making rotation assignments. Makes organizational changes.