GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1966

Short Title:  District Attorney Funds.	(Public)
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Sponsors: Representatives McLaughlin; Grimmer, Balmer, Diggs, Easterling, Barnhill, Cunningham, and Foster.
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Referred to:  Judiciary.
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May 11, 1989

A BILL TO BE ENTITLED
AN ACT TO ALLOW THE ADMINISTRATIVE OFFICE OF THE COURTS TO APPOINT ADDITIONAL FULL-TIME ASSISTANT DISTRICT ATTORNEYS IN ADDITION TO THOSE AUTHORIZED BY THE GENERAL ASSEMBLY WHEN SUFFICIENT NON-STATE FUNDS ARE AVAILABLE TO PAY THE COMPENSATION AND EXPENSES OF SUCH ASSISTANT, TO ALLOW CERTAIN COUNTIES TO MAKE SUCH APPROPRIATIONS, AND TO MAKE APPROPRIATIONS FOR OPERATIONS OF THE DISTRICT ATTORNEY'S OFFICE OF THE TWENTY-SIXTH PROSECUTORIAL DISTRICT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-64 reads as rewritten:
"§ 7A-64.  Temporary assistance when dockets over-crowded; full-time assistants when non-State funds available.
(a)	When criminal cases accumulate on the dockets of the superior or district courts of a district beyond the capacity of the district attorney and his full-time assistants to keep the dockets reasonably current, the Administrative Officer of the Courts may, on request of the district attorney, supported by facts indicating the need for assistance:
(1)	Temporarily assign an assistant district attorney from another district, after consultation with the district attorney thereof, to assist in the prosecution of cases in the requesting district; or
(2)	Authorize the temporary appointment, by the requesting district attorney, of a qualified attorney to assist the requesting district attorney.
The length of service and compensation of such temporary appointee shall be fixed by the Administrative Officer of the Courts in each case.
(b)	Notwithstanding G.S. 7A-60, the Administrative Office of the Courts may, on request of a district attorney, authorize the appointment of additional full-time district attorneys to assist the requesting district attorney when adequate non-State funds are available to pay the compensation and expenses of such additional assistant district attorneys.  The Administrative Officer of the Courts shall fix the compensation of each such additional assistant district attorney.  The appointment of such additional full-time assistant district attorneys shall only be effective as long as adequate non-State funds are available to pay compensation and expenses."
Sec. 2.  Part 1 of Article 10 of Chapter 153A of the General Statutes is amended by adding anew section to read:
"§ 153A-213.  Authority to provide funds for district attorney.
In any county with a population in excess of 400,000 according to the most recent decennial federal census, that county may appropriate funds for the staffing and operation of the district attorney's office in that county."
Sec. 3.  G.S. 7A-60(a1) reads as rewritten:
"(a1)	The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:
No. of Full-Time
Judicial	 Asst. District
District	Counties	Attorneys
1	Camden, Chowan, Currituck,	5
Dare, Gates, Pasquotank,
Perquimans
2	Beaufort, Hyde, Martin,	4
Tyrrell, Washington
3A	Pitt	5
3B	Carteret, Craven, Pamlico	4
4	Duplin, Jones, Onslow,	8
Sampson
5	New Hanover, Pender	7
6	Bertie, Halifax, Hertford,	4
Northampton
7	Edgecombe, Nash, Wilson	7
8	Greene, Lenoir, Wayne	8
9	Franklin, Granville, 	6
Person, Vance, Warren
10	Wake	15
11	Harnett, Johnston, Lee	6
12	Cumberland	11
13	Bladen, Brunswick, Columbus	5
14	Durham	8
15A	Alamance	3
15B	Orange, Chatham	3
16A	Scotland, Hoke	none
16B	Robeson	7
17A	Caswell,	4
Rockingham
17B	Stokes, Surry	3
18	Guilford	14
19A	Cabarrus, Rowan	6
19B	Montgomery, Randolph	4
20	Anson, Moore, Richmond,	8
Stanly, Union
21	Forsyth	10
22	Alexander, Davidson, Davie,	7
Iredell
23	Alleghany, Ashe, Wilkes,	3
Yadkin
24	Avery, Madison, Mitchell,	3
Watauga, Yancey
25	Burke, Caldwell, Catawba	8
26	Mecklenburg	26
27A	Gaston	6
27B	Cleveland,	4
Lincoln
28	Buncombe	5
29	Henderson, McDowell, Polk,	6
Rutherford, Transylvania
30	Cherokee, Clay, Graham,	5
Haywood, Jackson, Macon,
Swain."
Sec. 4.  There is appropriated from the General Fund to the Administrative Office of the Court $367,185 for the 1989-90 fiscal year and $366,058 for the 1990-91 fiscal year, to implement Section 3 of this act.
Sec. 5.  There is appropriated from the General Fund to the Administrative Office of the Courts $230,955 for the 1989-90 fiscal year and $222,468 for the 1990-91 fiscal year to provide for the 26th Prosecutorial District:
(1)	One legal assistant;
(2)	One file clerk;
(3)	One assistant supervisor;
(4)	One calendar clerk;
(5)	Three victim/witness assistants for misdemeanors;
(6)	Two misdemeanor screening legal assistants;
(7)	Two DCI terminals; and
(8)	Specialized training for assistant district attorneys and support staff.
Sec. 6.  This act shall become effective July 1, 1989.