Bill Summary for H 236 (2017-2018)

Summary date: 

Apr 19 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 236 (Public) Filed Wednesday, March 1, 2017
AN ACT TO PROVIDE FOR THE CLERK TO APPOINT AN INTERIM GUARDIAN AD LITEM ON THE CLERK'S OWN MOTION; TO PROVIDE FOR THE CLERK TO EXTEND THE TIME FOR FILING INVENTORY IN THE PROPERTY OF THE DECEASED; TO PROVIDE FOR ISSUANCE OF AN ORDER FOR AN ARREST WHEN A PERSON FAILS TO APPEAR AFTER BEING SERVED WITH A SHOW CAUSE IN A CIVIL PROCEEDING; TO AMEND HOW COSTS IN ADMINISTRATION OF ESTATES ARE ASSESSED; TO ALLOW FOR TEMPORARY ASSISTANCE FOR DISTRICT ATTORNEYS WHEN THERE IS A CONFLICT OF INTEREST; TO AMEND OTHER STATUTES GOVERNING THE GENERAL COURT OF JUSTICE, AS RECOMMENDED BY THE NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS; TO PROVIDE FOR THE ESTABLISHMENT OF AN ARBITRATION AND MEDIATION PROGRAM FOR THE NORTH CAROLINA BUSINESS COURT; TO AMEND STATUTES GOVERNING MEDIATION IN THE GENERAL COURT OF JUSTICE; AND TO AMEND THE LAW GOVERNING THE REGULATION OF MEDIATORS.
Intro. by R. Turner.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends the proposed addition to GS 1A-1 (Rule 5 of the Rules of Civil Procedure), establishing that failure to affix a date stamp or file stamp to any order or judgement (was, any pleading or other papers) filed in a civil action, estate proceeding (previously not included), or special proceeding do not affect the sufficiency, validity, or enforceability of the order or judgement so long as the clerk or the court, after giving the parties adequate notice and opportunity to be heard, enters the order or judgment nunc pro tunc to the date of filing (meaning enters the order or judgment now for the then date of the filing; previously, this qualification was not included). 

Makes clarifying change to GS 5A-23(b) to provide that proceedings for civil contempt are before a district court judge, unless a court superior to district court has issued the order, in which case the proceedings are before that court, except when the clerk of superior court has original subject matter jurisdiction and issued the order or when the General Statutes specifically provide for the exercise of contempt power by the clerk of superior court. 

Further amends GS 7A-64 (Temporary assistance for district attorneys), listing facts required to be shown by the requesting district attorney (was, also can by shown by the NC Innocence Inquiry Commission) before the Director of the Administrative Office of the Courts may provide assistance for district attorneys. Eliminates from the list the fact that there is an allegation or evidence of prosecutorial misconduct in the case that is the subject of the hearing under GS 15A-1469. 

Deletes the proposed changes to GS 7A-343 (Duties of Director). 

Further amends and modifies the proposed changes to GS 84-2 (Persons disqualified). Clarifies that full-time public defenders and assistant public defenders are prohibited from engaging in the private practice of law. Clarifies that the specified government officials prohibited from the private practice of law permitted to perform unpaid pro bono legal services does not include a justice or judge of the general court of justice.

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