Bill Summary for H 717 (2017-2018)

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Summary date: 

Jun 15 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

Conference report makes the following changes to the 8th edition.

Updates the lead in language to the changes to GS 7A-41.

Amends GS 7A-41 as follows. Keeps superior court district 3B in the second judicial division. Consolidates districts 4A and 4B into 4, now consisting of Duplin, Jones, and Onslow counties with 2 judges. Keeps districts 8A and 8B in the second division. Moves district 9 from the third division to the first. Reduces the number of judges in district 10B from two to one. Creates new districts 10E and 10F, each consisting of parts of Wake County, with one judge each. Moves districts 12A, 12B, and 12C into the third division. Moves districts 14A and 14B into the first division. Moves district 16A into the third district and removes Hoke County, which is not added to district 19D, which also has an additional judge. Moves districts 17A, 17B, 18A, 18B, 18C, 18D, and 18E into the fourth division. Removes Montgomery from district 19B and places it in district 20A, which receives an additional judge and is moved into the third division. Moves district 20B into the third division. Moves districts 26A, 26B, and 26C into the fifth division. Adds that the qualified voters of District 4 must elect all judges established for that district, but only residents of Onslow County may be candidates for one of the judgeships and only residents of Duplin, Jones, or Sampson may be candidates for the remaining judgeships. Requires the additional judge in District 19D to take office in January 1, 2019, and the additional judge in 20A to take office on January 1, 2021. Changes the effective date of the changes made to GS 7A-41 from July 1, 2018, to January 1, 2019.

Amends GS 7A-133 by making the following changes to district court districts. Moves Hoke County from district 16A to district 19D and Moore County from district 19B to 19D, which now consists of four judges. Moves Montgomery County from district 19B to 20A and makes a conforming increase in the number of judges to two. 

Requires the qualified voters of District 16A to elect all judges established for District 16A, but only residents of Anson County may be candidates for one of the judgeships, only residents of Scotland County may be candidates for one of the judgeships, and only residents of Richmond County may be candidates for the remaining judgeships.

Requires that: (1) In 2020, and every four years thereafter, the district court judgeship requiring a resident of Anson County and a district court judgeship requiring a resident of Richmond County must be  elected; (2) in 2022, and every four years thereafter, the district court judgeship requiring a resident of Scotland County must be elected, and a district court judgeship requiring a resident of Richmond County must be elected.

Requires the qualified voters of District 20A to elect all judges established for District 20A, but only residents of Montgomery County may be candidates for one of the judgeships, and only residents of Montgomery or Stanly County may be candidates for the remaining judgeships. Requires the qualified voters of District 25 to elect all judges established for District 25, but only residents of Catawba County may be candidates for five of the judgeships, and only residents in Burke or Caldwell County may be candidates for the remaining judgeships. Sets out additional requirements for transitioning District 25 from at-large to residency requirements. 

Requires the additional judge in District Court District 20A to take office on January 1, 2019. In implementing GS 7A-133(b6), the State Board of Elections and Ethics Enforcement must ensure that only residents of Montgomery County are candidates for the additional judgeship in the 2018 election, and every four years thereafter.

Makes GS 7A-133(b5) and GS 7A-133(b6), as enacted, effective January 1, 2021, with elections in 2020 to be held accordingly. GS 7A-133, as enacted, becomes effective January 1, 2019.

Amends GS 7A-60 by moving Franklin, Granville, Person, Vance, and Warren counties into prosecutorial district 11 and increases the number of full time assistant district attorneys by one. Moves Wake County into prosecutorial district 10. Moves Scotland County into prosecutorial district 21 and makes a conforming increase in the number of district attorneys. Reduces the number of assistant district attorneys in district 22 by one. Moves Hoke County into prosecutorial district 29 (was, 28) and makes a conforming increase in the number of assistant district attorneys. Moves Montgomery County into prosecutorial district 28 (was, 29) and increases the number of assistant district attorneys by one. Moves Catawba County into new prosecutorial district 44, consisting of 10 assistant district attorneys, and makes a conforming change to the number in district 36. Sets out provisions implementing these change, including transferring cases.

Adds that other than the filing period, the election for the office of judge for Superior Court District 19D and District Court District 20A must be held in accordance with Section 4 of SL 2017-214, as amended. Candidates seeking the office of judge for Superior Court District 19D or District Court District 20A must file their notice of candidacy with the State Board of Elections and Ethics Enforcement no earlier than noon on July 9, 2018, and no later than noon on July 13, 2018.

Amends SL 2018-5, Subsection 18B.6, by correcting a statutory reference.

Requires the Director of the Budget to increase the Administrative Office of the Courts' budget in an amount to cover the costs of the newly created judgeships.

Provides that if Senate Bill 757 becomes law, the assignment of judicial divisions in GS 7A-41(a), as enacted in that act, is repealed.