Bill Summary for S 797 (2017-2018)

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Summary date: 

May 31 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 797 (Public) Filed Thursday, May 31, 2018
AN ACT TO ALIGN THE DISTRICT COURT AND PROSECUTORIAL DISTRICTS TO THE SUPERIOR COURT DISTRICTS IN DISTRICT 25.
Intro. by Daniel.

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Bill summary

Amends GS 7A-133 to divide district court judicial District 25, consisting of Burke, Caldwell, and Catawba counties, into new District 25A, consisting of Burke and Caldwell counties, and new District 25B, consisting of Catawba County. Increases the total number of judges for the three counties now divided in two separate districts, from 9 to 10, with 2 judges allotted to new District 25A and 8 judges allotted to new District 25B. Requires that, upon each of the first three district court judgeship vacancies occurring in new District 25B due to death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on the effective date of Section 1 to be filled according to law; however, at the next general election held for that judgeship, limits candidacy for that judgeship to only persons who reside in District 25A, as enacted, and requires any associated primary to be held accordingly. Requires that, upon each of the first three district court judgeship vacancies occurring in new District 25B due to the death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on the effective date of Section 1, the Director of the Administrative Office of the Courts must provide written notice of the vacancy to the State Board of Elections and Ethics Enforcement (SBEEE) and to the Revisor of Statutes. Further requires the SBEEE to ensure that only persons who reside in new District 25A, as enacted, can file as candidates for the judgeship at the next general election held for that judgeship. Directs the Revisor of Statutes to revise GS 7A-133(a) to reflect the changed number of judges in Districts 25A and 25B as described above, resulting in five judges each to serve in Districts 25A and 25B. Further directs the Revisor of Statutes to revise the language of the statute on January 15, 2030, to reflect that five judges each serve in Districts 25A and 25B if the provisions of Section 1 have not resulted in the modification of the statute accordingly, in order for the 2030 elections to be held according to the revised statute. Specifies that the additional judge in District 25A is to take office on January 1, 2021, with an election in 2020 to be held accordingly. 

Amends GS 7A-60, to divide prosecutorial District 36, consisting of Burke, Caldwell, and Catawba counties, into new District 36A, consisting of Burke and Caldwell counties, and new District 36B, consisting of Catawba County. Divides the allotted full-time assistant district attorneys for current District 36, providing for 10 attorneys for new District 36A and 9 attorneys for new District 36B. Effective January 1, 2023, with an election in 2022 to be held accordingly.