GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1633*

Short Title:  Criminal Case Disposition Study.	(Public)
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Sponsors: Representatives Michaux; and Luebke.
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Referred to:  Rules, Appointment and Calendar.
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June 8, 1992

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A COMMISSION TO STUDY THE DISPOSITION OF CASES BY THE CRIMINAL JUSTICE SYSTEM AND TO SUGGEST CHANGES TO IMPROVE ITS EFFICIENCY IN DISPOSING OF CASES.
Whereas, there has been a steady increase in the number and complexity of criminal cases in North Carolina; and 
Whereas, the increase has resulted in delays and docket backlogs which have delayed the disposition of cases; and 
Whereas, disparities have arisen between districts in the amount of time required to dispose of criminal cases; and 
Whereas, a comprehensive study of the system is dictated to ascertain the causes for delay and backlogs and make improvements to the system; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  The North Carolina Criminal Case Disposition Advisory Commission is created. This Commission shall study and make suggestions for improvements in the calendering and the efficient disposing of criminal cases, with the goal of obtaining the swift and equitable disposition of criminal charges in conformity with the dictates of law and the need for adequate preparation.  The Commission shall determine if significant backlogs exist on the criminal docket of the State and, if they are determined to exist, shall ascertain the causes of the backlogs and make findings regarding these causes.  The Commission shall make specific proposals to address inefficiencies in the disposition of criminal cases, both short and long term.  These proposals shall provide for a uniform and consistent system for the disposition of criminal cases in all districts of the State.  The Commission shall make specific recommendations for the modification of laws and rules to further the swift disposition of criminal charges.
Sec. 2.  The Commission shall consist of the following members:
(1)	The Chief Justice of the North Carolina Supreme Court shall appoint a sitting or former Justice or judge of the General Court of Justice, who shall serve as Chairman of the Commission;
(2)	The Chief Judge of the North Carolina Court of Appeals, or another judge of the Court of Appeals selected by the Chief Court of Appeals Judge;
(3)	The President of the Conference of Superior Court Judges shall appoint one member;
(4)	The President of the District Court Judges Association shall appoint one member;
(5)	The President of the Conference of District Attorneys shall appoint one member;
(6)	The President of the North Carolina Clerks of Superior Court Association shall appoint two members; one who shall be a Clerk of Superior Court, and one who shall be a Clerk of Superior Court with expertise in criminal cases;
(7)	One member of the public at large appointed by the Lieutenant Governor;
(8)	The Speaker of the House shall appoint one member of the House of Representatives;
(9)	The President Pro Tempore of the Senate shall appoint one member of the Senate;
(10)	The Attorney General shall appoint one member;
(11)	The President of the North Carolina Bar Association shall appoint one member;
(12)	The President of the North Carolina Academy of Trial Lawyers shall appoint one member.
Sec. 3.  The Commission shall have its initial meeting no later than September 1, 1992, at the call of the Chairman.  The Commission shall meet a minimum of four regular meetings.  The Commission may hold special meetings at the call of the Chairman, or by the call of a majority of the Commission members, upon giving notice of not less than five days of the meeting in accordance with rules fixed by the Commission.  A majority of the members to which the Commission is entitled shall constitute a quorum.
Sec. 4.  Commission members shall serve until the Commission expires or until their successors are appointed and qualified.  Vacancies occurring before the expiration of a term shall be filled in the same manner provided for initial appointments.  A member may be removed only for disability, neglect of duty, incompetence, or malfeasance in office.  Commission members shall receive no salary for the service on the Commission, however, they shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6.
Sec. 5.  The Commission shall be administered under the direction and supervision of the Director of the Administrative Office of the Courts.  The Commission shall exercise its discretionary functions independently of all supervision, however, staffing and administrative functions shall be in cooperation with and subject to the supervision of the Director of the Administrative Office of the Courts.
Sec. 6.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1993 Session of the General Assembly by filing the report with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.
Sec. 7.  There is appropriated from the General Fund to the General Assembly the sum of twenty thousand dollars ($20,000) for the 1992-93 fiscal year for the cost of this study.
Sec. 8.  This act becomes effective July 1, 1992.