House committee substitute to the 1st edition makes the following changes. Removes provisions in GS 163-10 outlining the length of appointments for vacancies in the office of district attorney (DA’s Office).
Instead provides for the following term lengths: (1) if the unexpired term of office ends on the first day of January following the next election for members of the General Assembly, then the Governor will appoint to fill the vacancy for the unexpired term of office, and the election will be for a four-year term or (2) if the unexpired term of office ends on the first day of January two years following the next election for members of the General Assembly, then the Governor will appoint to fill the vacancy until the election is certified, and the election will be for the unexpired term of office. Requires the nominees to be selected by a vote of only those executive committee members who reside in the prosecutorial district of the vacating district attorney. Removes provisions requiring any recommended nominees to be qualified persons recommended by a majority of the members of the NCGA representing any portion of the prosecutorial district of the vacating district attorney if the vacated position is one that was not elected as a nominee of a political party. Instead, specifies that, in those cases, as well as in instances where the political party of the vacating district attorney is unable to make a recommendation or does not make a recommendation within 30 days of the occurrence of the vacancy, then requires the Governor to appoint a qualified individual. Removes definition of qualified person. Makes conforming, clarifying, and conforming changes. Now specifies that if a vacancy requiring recommendations occurred prior to the date the act becomes effective and is vacant on the date this act becomes effective, the entity making recommendations as provided in GS 163-10 has the full amount of time authorized under GS 163-10(c) (was, 30 days from the date this act becomes effective) to make recommendations to the Governor.
MODIFY APPOINTMENT PROCESS FOR DA VACANCIES.
Printer-friendly: Click to view
View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MODIFY THE APPOINTMENT PROCESS TO FILL DISTRICT ATTORNEY VACANCIES.Intro. by Balkcom, Stevens, K. Hall, Biggs.
Bill History:
-
Thu, 20 Mar 2025 House: Filed(link is external)
-
Mon, 24 Mar 2025 House: Passed 1st Reading(link is external)
-
Tue, 1 Apr 2025 House: Reptd Fav(link is external)
-
Tue, 1 Apr 2025 House: Re-ref Com On Election Law(link is external)
-
Tue, 13 May 2025 House: Reptd Fav Com Substitute(link is external)
-
Tue, 13 May 2025 House: Re-ref Com On State and Local Government(link is external)
Bill Summaries:
-
Bill H 478 (2025-2026)Summary date: May 13 2025 - View Summary
-
Bill H 478 (2025-2026)Summary date: Mar 20 2025 - View Summary
Amends GS 163-10, which currently requires vacancies in the office of district attorney to be filled by appointment of the Governor. Now requires those vacancies to be appointed by the Governor from a list of up to three qualified people (defined as those duly authorized to practice law in NC) recommended by the district executive committee of the political party in which the vacancy occurs; requires each recommended person to be members of the party with which the vacating district attorney was affiliated when elected or appointed (if they were not affiliated with a party, requires the recommended persons to be qualified persons recommended by a majority of the members of the NCGA representing any portion of the prosecutorial district of the vacating district attorney). Allows the Governor to make the appointment if recommendations are not made within 30 days of the occurrence of the vacancy. Makes conforming changes.
Specifies that if a vacancy requiring recommendations occurred prior to the date this act becomes effective and is vacant on the date this act becomes effective, the entity making recommendations as provided in GS 163-10 has 30 days from the date this act becomes effective to make recommendations to the Governor.