GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 1591

Short Title:  Judicial Dept.  Funds.	(Public)
─────────────────────────────────────── 
Sponsors: Senator Marvin.
─────────────────────────────────────── 
Referred to:  Appropriations.
─────────────────────────────────────── 

June 6, 1990

A BILL TO BE ENTITLED
AN ACT TO APPROPRIATE FUNDS TO THE ADMINISTRATIVE OFFICE OF THE COURTS, TO EXTEND THE TERMS OF CERTAIN SPECIAL SUPERIOR COURT JUDGES, AND TO CLARIFY PROVISIONS REGARDING THE APPOINTMENT OF A GUARDIAN AD LITEM.
The General Assembly of North Carolina enacts:
Section 1.  (a) Notwithstanding G.S. 7A-45, G.S. 7A-45.1, Section 7 of Chapter 509, Session Laws of 1987, or any other provision of law, if any special superior court judge who is holding office on the effective date of this act first took office as an appointed or elected regular or special superior court judge in the calendar year 1986, the term of office of that judge is extended through December 31, 1994. 
(b) There is appropriated from the General Fund to the Judicial Department the sum of $61,260 for fiscal year 1990-91, to cover the costs of the extended term for the period of January 1, 1991, through June 30, 1991.
Sec. 2.  G.S. 7A-289.29 is amended by adding the following new subsections:
"( c)	In proceedings under this Article, the appointment of a guardian ad litem shall not be required except, as provided above, in cases in which an answer is filed denying material allegations, or as required under G.S. 7A-289.23; but the court may, in its discretion, appoint a guardian ad litem for a child, either before or after determining the existence of grounds for termination of parental rights, in order to assist the court in determining the best interests of the child.
(d)	If a guardian ad litem has previously been appointed for the child under G.S. 7A-586, and the appointment of a guardian ad litem could also be made under this section, the guardian ad litem appointed under G.S. 7A-586, and any attorney appointed to assist that guardian, shall also represent the child in all proceedings under this Article and shall have the duties and payment of a guardian ad litem appointed under this section, unless the court determines that the best interests of the child require otherwise."
Sec. 3.  Section 1 of this act shall become effective July 1, 1990.  The remainder of this act is effective upon ratification.