GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 944*

Short Title:  Omnibus Courts Bill.	(Public)
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Sponsors: Senator Marvin.
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Referred to:  Appropriations.
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May 14, 1991

A BILL TO BE ENTITLED
AN ACT TO APPROPRIATE FUNDS TO THE ADMINISTRATIVE OFFICE OF THE COURTS AND TO INCREASE THE MAXIMUM NUMBER OF MAGISTRATES AUTHORIZED FOR CERTAIN COUNTIES.
The General Assembly of North Carolina enacts:
INDIGENT PERSONS' ATTORNEY FEE FUND
Section 1.  There is appropriated from the General Fund to the Judicial Department the sum of $3,742,808 for the 1991-92 fiscal year and the sum of $3,865,760 for the 1992-93 fiscal year for the Indigent Persons' Attorney Fee Fund.
SPECIAL CAPITAL CASE REHEARING FUND
Sec. 2.  (a)	There is continued in the Judicial Department the nonreverting special fund known as "The Special Capital Case Rehearing Fund.” The funds shall be used to provide for related expenses in connection with resentencing hearings, related appeals, and post-conviction hearings required by the decisions of the United States Supreme Court in McKoy v. North Carolina, March 5, 1990, and of the Supreme Court of North Carolina upon the remand of that case, including the payment of attorneys' fees and related expenses for representation of indigent persons.  The Special Capital Case Rehearing Fund shall terminate, and all funds remaining in it shall revert to the General Fund, when the Director of the Administrative Office of the Courts certifies to the State Controller that all reasonably foreseeable resentencing hearings, related appeals, and post-conviction hearings have been substantially completed.
(b)	There is appropriated from the General Fund to the Judicial Department the sum of $1,030,503 for the 1991-92 fiscal year and $1,381,670 for the 1992-93 fiscal year for the purposes indicated in this section.
SUPREME COURT PERSONNEL
Sec. 3.  There is appropriated from the General Fund to the Judicial Department the sum of $81,993 for the 1991-92 fiscal year and the sum of $78,623 for the 1992-93 fiscal year for one research assistant for the Supreme Court and one assistant librarian.
NEW SUPERIOR COURT PERSONNEL
Sec. 4.  There is appropriated from the General Fund to the Judicial Department the sum of $125,900 for the 1991-92 fiscal year to be used for five secretaries to superior court judges.  There is appropriated from the General Fund to the Judicial Department the sum of $901,635 for the 1992-93 fiscal year to be allocated for the following purposes:
(1)	To continue the five positions funded in the 1991-92 fiscal year - $119,440;
(2)	To establish eight resident superior court judgeships, effective January 1, 1993 - $556,216;
(3)	To establish eight official court reporter positions, effective January 1, 1993 - $149,992;
(4)	To establish three additional secretaries to superior court judges - $75,987.
NEW DISTRICT COURT PERSONNEL
Sec. 5.  (a)	There is appropriated from the General Fund to the Judicial Department the sum of $307,511 for the 1991-92 fiscal year to be allocated for the following purposes:
(1)	Three official court reports - $103,587;
(2)	Five magistrates - $116,180;
(3)	Two administrative assistants to trial court administrators - $62,478;
(4)	One secretary for a district court judge - $25,266.
(b)	There is appropriated from the General Fund to the Judicial Department the sum of $1,370,266 for the 1992-93 fiscal year to be allocated for the following purposes:
(1)	To continue the positions established in the 1991-92 fiscal year - $290,377;
(2)	To establish 14 new district court judgeships, effective December 7, 1992 - $831,684;
(3)	To establish five new magistrate positions - $116,605;
(4)	To establish three official court reporter positions - $104,331;
(5)	To establish one case developer for the Buncombe County Community Penalties Program - $27,269.
NEW JUVENILE SERVICES PERSONNEL
Sec. 6.  There is appropriated from the General Fund to the Judicial Department the sum of $1,286,191 for the 1991-92 fiscal year and the sum of $2,135,974 for the 1992-93 fiscal year for new personnel in the Juvenile Services Division of the Administrative Office of the Courts.
NEW DEPUTY CLERKS OF SUPERIOR COURT
Sec. 7.  There is appropriated from the General Fund to the Judicial Department the sum of $2,302,548 for the 1991-92 fiscal year and the sum of $2,972,724 for the 1992-93 fiscal year for 134 new deputy clerks of superior court.
NEW PUBLIC DEFENDER PERSONNEL
Sec. 8.  (a)	There is appropriated from the General Fund to the Judicial Department the sum of $550,492 for the 1991-92 fiscal year for seven assistant public defenders and five support personnel in public defender offices.
(b)	There is appropriated from the General Fund to the Judicial Department the sum of $1,083,905 for the 1992-93 fiscal year for continuation of the 12 positions established for the 1991-92 fiscal year and for seven additional assistant public defenders and four additional support personnel in public defender offices.
NEW DISTRICT ATTORNEY PERSONNEL
Sec. 9.  (a)	There is appropriated from the General Fund to the Judicial Department the sum of $1,855,983 for the fiscal year 1991-92 to be allocated for the following purposes:
(1)	To establish 21 new assistant district attorneys - $1,223,880;
(2)	To establish 17 district attorneys' secretaries - $398,259;
(3)	To establish five new victim/witness assistants - $144,430;
(4)	To establish two misdemeanor screener positions - $53,426;
(5)	To establish one district attorney's investigatorial assistant - $35,988.
(b)	There is appropriated from the General Fund to the Judicial Department the sum of $3,381,444 for the fiscal year 1992-93 to be allocated for the following purposes:
(1)	To continue the positions established in the fiscal year 1991-92 - $1,823,183;
(2)	To establish 21 new assistant district attorney positions - $1,224,678;
(3)	To establish five new victim/witness assistants - $144,935;
(4)	To establish eight new district attorneys' secretaries - $188,648.
NEW INDIGENCY SCREENING PERSONNEL
Sec. 10.  There is appropriated from the General Fund to the Judicial Department the sum of $47,604 for the 1991-92 fiscal year and the sum of $93,544 for the 1992-93 fiscal year for the purpose of establishing four new indigency screener positions.
EXPANSION OF GUARDIAN AD LITEM PROGRAM
Sec. 11.  (a)	There is appropriated from the General Fund to the Judicial Department the sum of $999,882 for the 1991-92 fiscal year for transfer to the Indigent Persons' Attorney Fee Fund, Guardian Ad Litem Program for the following purposes:
(1)	To establish 16 new program supervisor positions - $458,314;
(2)	To establish 10 new program assistants - $221,864;
(3)	To provide for additional contractual guardian ad litem fees - $171,852;
(4)	To provide for additional volunteer guardian ad litem expenses - $114,402;
(5)	To provide for computer equipment and related expenses - $33,450.
(b)	There is appropriated from the General Fund to the Judicial Department the sum of $1,999,991 for the 1992-93 fiscal year for transfer to the Indigent Persons' Attorney Fee Fund, Guardian Ad Litem Program for the following purposes:
(1)	To continue the 26 positions established in the 1991-92 fiscal year - $853,872;
(2)	To establish 29 new program supervisors - $505,405;
(3)	To establish five new program assistants - $111,960;
(4)	To continue and to provide for additional contractual guardian ad litem fees - $367,555;
(5)	To continue and to provide for additional volunteer guardian ad litem expenses - $152,524;
(6)	To provide for supplies and maintenance of computer equipment - $8,675.
NEW ADMINISTRATIVE OFFICE OF THE COURTS GENERAL ADMINISTRATION POSITIONS
Sec. 12.  (a)	There is appropriated from the General Fund to the Judicial Department the sum of $641,026 for the 1991-92 fiscal year to establish a total of 15 staff positions within the general administration section of the Administrative Office of the Courts.
(b)	There is appropriated from the General Fund to the Judicial Department the sum of $627,753 for the 1992-93 fiscal year to provide for the continuation of the 15 positions established in the Administrative Office of the Courts in the 1991-92 fiscal year and to provide for the establishment of three new staff positions effective July 1, 1992.
NEW ADMINISTRATIVE OFFICE OF THE COURTS WAREHOUSE AND PRINTING SERVICE PERSONNEL
Sec. 13.  There is appropriated from the General Fund to the Judicial Department the sum of $22,118 for the 1991-92 fiscal year and the sum of $22,118 for the 1992-93 fiscal year to establish one new position within the warehouse and print shop of the Administrative Office of the Courts.
COURT INFORMATION SYSTEM EXPANSION
Sec. 14.  (a)	There is appropriated from the General Fund to the Judicial Department the sum of $2,864,269 for the 1991-92 fiscal year to upgrade the central mainframe computer maintained by the Information Services Division of the Administrative Office of the Courts and to expand and enhance the court information system.
(b)	There is appropriated from the General Fund to the Judicial Department the sum of $2,840,897 for the 1992-93 fiscal year to establish six additional positions in the Information Services Division of the Administrative Office of the Courts, and to continue the further expansion of the court information system.
NONBINDING ARBITRATION PROGRAM
Sec. 15.  There is appropriated from the General Fund to the Judicial Department the sum of $308,173 for the 1991-92 fiscal year and the sum of $612,917 for the 1992-93 fiscal year to provide for the continued development of a nonbinding statewide arbitration program.
STATEWIDE CUSTODY AND VISITATION MEDIATION PROGRAMS
Sec. 16.  There is appropriated from the General Fund to the Judicial Department the sum of $182,250 for the 1991-92 fiscal year and the sum of $364,500 for the 1992-93 fiscal year to continue further expansion of the custody and visitation mediation programs established by statute in 1989 under Article 39A of Chapter 7A of the General Statutes.
JUVENILE SERVICES TRANSPORTATION PROGRAM
Sec. 17.  There is appropriated from the General Fund to the Judicial Department the sum of $880,600 for the 1991-92 fiscal year and the sum of $850,816 for the 1992-93 to provide for a total of 34 full time equivalent transportation/detention officers within the Juvenile Services Division of the Administrative Office of the Courts.
INCREASED JUDICIAL DEPARTMENT EQUIPMENT REQUIREMENTS
Sec. 18.  There is appropriated from the General Fund to the Judicial Department the sum of $1,086,829 for the 1991-92 fiscal year and the sum of $289,353 for the 1992-93 fiscal year to provide for the ongoing equipment needs of the Judicial Department.
INCREASED OPERATING EXPENSE REQUIREMENTS OF THE JUDICIAL DEPARTMENT
Sec. 19.  There is appropriated from the General Fund to the Judicial Department the sum of $509,772 for the 1991-92 fiscal year and the sum of $598,126 for the 1992-93 fiscal year to provide for the increased operating expenses in the areas of supplies, postage, appellate division reports, upkeep and maintenance of Supreme Court Library collection, and other ongoing operating needs.
INCREASED COMPENSATION FOR APPELLATE DIVISION LAW CLERKS
Sec. 20.  There is appropriated from the General Fund to the Judicial Department the sum of $205,461 for the 1991-92 fiscal year and the sum of $205,461 for the 1992-93 fiscal year for the purpose of providing for increases in the current salary rates and related fringe benefits of appellate division law clerks.
INCREASE MAXIMUM NUMBER OF MAGISTRATES AUTHORIZED FOR CERTAIN COUNTIES
Sec. 21.  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	8
Gates	2	3
Pasquotank	3	4
Perquimans	2	3
2	3	Martin	5	8
Beaufort	4	8
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	6	Sampson	6	8
Duplin	9	11
Jones	2	3
Onslow	8	14
5	6	New Hanover	6 	11
Pender	4	6
6A	2	Halifax	9	14	Roanoke Rapids,
Scotland Neck
6B	2	Northampton	5	6
Bertie	4	5
Hertford	5	6
7	6	Nash	7	10	Rocky Mount
Edgecombe	4	6	Rocky Mount
Wilson	4	6
8	5	Wayne	5	11	Mount Olive
Greene	2	4
Lenoir	4	10	La Grange
9	5	Person	3	4
Granville	3	7
Vance	3	5
Warren	3	4
Franklin	3	6
10	11	Wake	12	17	Apex,
Wendell,
Fuquay-Varina,
Wake Forest
11	6	Harnett	7	11	Dunn
Johnston	10	12	Benson, Clayton
and Selma
Lee	4	6
12	6	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	10	Burlington
15B	3	Orange	4	9	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	3	Stokes	2	5
Surry	5	8	Mt. Airy
18	10	Guilford	20	26	High Point
19A	2	Cabarrus	5	9	Kannapolis
19B	3	Montgomery	2	4
Randolph	5	8	Liberty
19C	2	Rowan	5	10
20	6	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	6	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	7	Burke	4	7
Caldwell	4	7
Catawba	6	9	Hickory
26	13	Mecklenburg	15	26
27A	5	Gaston	11	20
27B	4	Cleveland	5	8
Lincoln	4	6
28	5	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."
EFFECTIVE DATE
Sec. 22.  Except where otherwise provided, this act becomes effective July 1, 1991.