Senate committee substitute makes the following changes to 2nd edition.
Makes the amendments to GS 7A-173 (concerning removal or suspension of magistrate from duties) effective January 1, 2013 (was, January 1, 2012), and applicable to charges filed on or after that date. Makes additional technical and clarifying changes.
Amends GS 7A-49.4(c) to clarify that the senior resident superior court judge may provide notice and schedule a trial conference if a case has not been tried within nine months after the defendant was indicted or bound over to superior court (previously allowed a district attorney to object upon a showing of good cause). Changes the effective date for the amendment to January 1, 2013 (was, January 1, 2012). Sets the reporting date for the Administrative Office of the Courts at March 1, 2013.
Bill Summaries: H517 MAGISTRATES/CALENDARING (NEW).
Printer-friendly: Click to view
-
Bill H 517 (2011-2012)Summary date: May 24 2012 - View Summary
-
Bill H 517 (2011-2012)Summary date: May 25 2011 - View Summary
House committee substitute makes the following changes to 1st edition. Removes provisions relating to (1) the supervision of magistrates by the clerk, (2) Judicial Standards Commission investigation and discipline of magistrates, and (3) the use of six-person juries in misdemeanor cases. Adds new provisions to (1) provide for the appointment of chief magistrates, (2) create additional types of discipline of magistrates, and (3) require a study of the method of appointing magistrates. Changes title accordingly. Effective when the act becomes law, amends GS 7A-146 to include within the powers and duties of the chief district judge, the authority to appoint a chief magistrate and creates a new subsection (12), setting out the role and status of a chief magistrate. Amends GS 7A-173 to provide for the suspension without compensation of magistrates in lieu of permanent removal. Suspension is terminated upon a finding that no grounds for disciplinary action exist. Also provides for public reprimand of magistrates where conduct does not warrant suspension or removal. Effective when the act becomes law, requires the Administrative Office of the Courts (AOC), in consultation with the Conference of Superior Court Judges, the Conference of District Court Judges, the Conference of Clerks of Superior Court, and the North Carolina Magistrates Association, to study the issue of whether the requirement that senior resident superior court judges appoint magistrates from nominations by the Clerk of Superior Court should continue, or whether a constitutional amendment to provide for a different method would be more practical and lead to better efficiencies in the administration of justice. Requires the AOC to report to the 2012 Regular Session of the General Assembly.
-
Bill H 517 (2011-2012)Summary date: Mar 29 2011 - View Summary
Enacts new subdivision (1a) to GS 7A-103, authorizing the clerk of superior court to prescribe times and places at which magistrates must be available to perform their duties, consistent with the salaries set by the Administrative Officer of the Courts. Amends GS 7A-146(4), removing that duty from the purview of the chief district judge; the chief district judge retains the duty to assign matters to magistrates.
Amends GS 7A-374.2(5) to clarify that the term judge includes magistrates for purposes of the Judicial Standards Commission only.
Amends GS 15A-1201, which concerns the right to trial by jury, adding that the defendant has the right to be tried by a six-member jury whose verdict must be unanimous in misdemeanor cases. Clarifies that the right to a jury of 12 applies to all felony cases.
Amends GS 7A-49.4(c), which concerns superior court criminal case docketing, to provide that when a case has not been tried within nine months after the defendant was indicted or bound over to superior court, the senior resident superior court judge may give notice and schedule a trial conference, unless the district attorney provides good cause that the case is not ready for trial.
Effective January 1, 2012.