GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 1974
Second Edition Engrossed 6/20/89

Short Title:  Divide Dist. Ct./Prosecutor Dist. 6.	(Public)
─────────────────────────────────────── 
Sponsors: Representative Watkins.
─────────────────────────────────────── 
Referred to:  Judiciary.
─────────────────────────────────────── 

May 11, 1989

A BILL TO BE ENTITLED
AN ACT TO DIVIDE DISTRICT COURT DISTRICT 6 AND PROSECUTORIAL DISTRICT 6 THE SAME WAY AS SUPERIOR COURT DISTRICT 6 HAS BEEN DIVIDED, ADD A NEW JUDGE IN DISTRICT COURT DISTRICT 6B, AND ADD A NEW DISTRICT ATTORNEY IN PROSECUTORIAL DISTRICT 6A.
The General Assembly of North Carolina enacts:
Section 1.  Effective September 1, 1989, G.S. 7A-133 reads as rewritten:
"§ 7A-133. Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.
Each district court district shall have the numbers of judges and each county within the district shall have the numbers of magistrates and additional seats of court, as set forth in the following table:
Additional
Magistrates	Seats of
District	Judges	County	 Min.-Max.	Court

1	3	Camden	1	2
Chowan	2	3
Currituck	1	2
Dare	3	5
Gates	2	3
Pasquotank	3	4
Perquimans	2	3
2	3	Martin	5	8
Beaufort	4	5
Tyrrell	1	3
Hyde	2	4
Washington	3	4
3	7	Craven	7	10	Havelock
Pitt	10	12	Farmville,
Ayden
Pamlico	2	3
Carteret	5	8
4	5	Sampson	6	8
Duplin	9	11
Jones	2	3
Onslow	8	11
5	5	New Hanover	6	10
Pender	4	6
													6A	2	Halifax	9	14	Roanoke
						Rapids,
						Scotland Neck
	6B	2	Northampton	5	6
			Bertie	4	5
			Hertford	5	6
7	5	Nash	7	10	Rocky Mount
Edgecombe	4	6	Rocky Mount
Wilson	4	6
8	5	Wayne	5	8	Mount Olive
Greene	2	4
Lenoir	4	7	La Grange
9	4	Person	3	4
Granville	3	7
Vance	3	5
Warren	3	4
Franklin	3	6
10	10	Wake	12	17	Apex,
Wendell,
Fuquay-Varina,
Wake Forest
11	5	Harnett	7	11	Dunn
Johnston	10	12	Benson and
Selma
Lee	4	6
12	5	Cumberland	10	17
13	4	Bladen	4	6
Brunswick	4	7
Columbus	6	8	Tabor City
14	5	Durham	8	12
15A	3	Alamance	7	9	Burlington
15B	3	Orange	4	8	Chapel Hill
Chatham	3	6	Siler City
16A	2	Scotland	3	5
Hoke	4	5
16B	5	Robeson	8	16	Fairmont,
Maxton,
Pembroke,
Red Springs,
Rowland,
St. Pauls
17A	3	Caswell	2	5
Rockingham	4	9	Reidsville,
Eden,
Madison
17B	2	Stokes	2	5
Surry	5	8	Mt. Airy
18	9	Guilford	20	26	High Point
19A	4	Cabarrus	5	9	Kannapolis
Rowan	5	10
19B	3	Montgomery	2	4
Randolph	5	8	Liberty
20	5	Stanly	5	6
Union	4	6
Anson	4	5
Richmond	5	6	Hamlet
Moore	5	8	Southern
Pines
21	7	Forsyth	3	15	Kernersville
22	5	Alexander	2	3
Davidson	7	10	Thomasville
Davie	2	3
Iredell	4	8	Mooresville
23	3	Alleghany	1	2
Ashe	3	4
Wilkes	4	6
Yadkin	3	5
24	3	Avery	3	4
Madison	4	5
Mitchell	3	4
Watauga	4	6
Yancey	2	4
25	6	Burke	4	7
Caldwell	4	7
Catawba	6	9	Hickory
26	12	Mecklenburg	15	26
27A	5	Gaston	11	20
27B	3	Cleveland	5	8
Lincoln	4	6
28	4	Buncombe	6	15
29	4	Henderson	4	6
McDowell	3	4
Polk	3	4
Rutherford	6	8
Transylvania	2	4
30	3	Cherokee	3	4
Clay	1	2
Graham	2	3
Haywood	5	7	Canton
Jackson	3	4
Macon	3	4
Swain	2	3."
Sec. 2.  Effective September 1, 1989, G.S. 7A-60 reads as rewritten:  
"§ 7A-60. District attorneys and prosecutorial districts.
(a)	The State shall be divided into prosecutorial districts, as shown in subsection (a1) of this section.  There shall be a district attorney for each prosecutorial district, as provided by law, who shall be a resident of the prosecutorial district for which elected.  A vacancy in the office of district attorney shall be filled as provided in Article IV, Sec. 19 of the Constitution.
(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
		6A	Halifax	2
6B	Bertie, Hertford, Northampton	2
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	19
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.
(b)	Except as provided in subsection (c) of this section, each district attorney for a prosecutorial district as defined in subsection (a1) of this section, other than District 19B, who is in office on December 31, 1988, shall continue in office for that prosecutorial district, for a term expiring December 31, 1990.  In the general election of 1990, and every four years thereafter, a district attorney shall be elected for a four-year term for each prosecutorial district other than Districts 16A and 19B, and shall take office on the January 1 following such election.  The district attorney for Prosecutorial District 19B, who is elected in the general election of 1988 for a four-year term beginning January 1, 1989, shall serve that term for Prosecutorial District 19B.  In the general election of 1992, and every four years thereafter, a district attorney shall be elected for a four-year term for Prosecutorial Districts 16A and 19B and shall take office on the January 1 following such election.
(c)	The office and term of the district attorney for Prosecutorial District 12 formerly consisting of Cumberland and Hoke Counties are allocated to Prosecutorial District 12 as defined by subsection (a1) of this section.  The office and the term of the district attorney for former Prosecutorial District 16 consisting of Robeson and Scotland Counties are allocated to Prosecutorial District 16B as defined by subsection (a1) of this section.  The initial district attorney for Prosecutorial District 16A as defined in subsection (a1) of this section shall be elected in the general election of November 1988, from nominations made in accordance with G.S. 163-114 as if a vacancy had occurred in nomination, and shall serve an initial term expiring December 31, 1992.  In all other respects, subsection (b) of this section shall apply to the district attorneys for Prosecutorial Districts 12, 16A, and 16B to the same extent as all other district attorneys."
Sec. 3.  (a) Effective September 1, 1989, Nicholas Long and Harold P. McCoy, or their successors, shall be district court judges for District Court District 6A.  Effective September 1, 1989, Robert E. Williford, or his successors, shall be district court judge for District Court District 6B.
(b) The additional district court judge authorized for District Court District 6B by Section 1 of this act shall be appointed by the Governor for a term to expire on the first Monday in December of 1990.
Sec. 4.  The district attorney authorized for Prosecutorial District 6A by Section 2 of this act shall be appointed by the Governor for a term to expire December 31, 1990.
Sec. 5.  There is appropriated from the General Fund to the Administrative Office of the Courts the sum of $357,051 for the 1990-91 fiscal year and the sum of $389,414  for the 1990-91 fiscal year to implement the provisions of this act.
Sec. 6. Section 5 of this act shall become effective July 1, 1989.  The remaining sections shall become effective September 1, 1989.