GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 127

Short Title:  Criminal Case Disposition Study.	(Public)
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Sponsors: Representatives Michaux; Redwine and Stamey.
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Referred to:  Rules, Calendar and Operation of the House.
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February 11, 1993

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE CRIMINAL CASE DISPOSITION STUDY COMMISSION.
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 that have delayed the disposition of criminal cases; and
Whereas, disparities have arisen between judicial districts in the amount of time required to dispose of criminal cases; and
Whereas, it is projected that the number of criminal cases filed in North Carolina will continue to increase; and 
Whereas, the State's current system of criminal case management is overloaded and may need additional resources; and
Whereas, there should be careful consideration and detailed study to determine the best use of the State's resources with regard to criminal case management and whether improvements can be made to the system to ensure the equitable and efficient disposition of criminal cases; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  The Criminal Case Disposition Study Commission is created.  The Commission shall study the following issues:
(1)	Possible improvements in the calendaring and 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 accurate preparation.
(2)	The existence of and reasons for significant backlogs on the criminal docket of the State.
(3)	Proposals to address inefficiencies in the disposition of criminal cases, both short and long term, which would provide for a uniform and consistent system for the disposition of criminal cases in all judicial districts of the State.
(4)	Any other related issues.
Sec. 2.  The Commission shall consist of 26 members to be appointed as follows:
(1)	The President Pro Tempore of the Senate shall appoint 12 members, one of whom shall be designated as cochair.  Of those 12 members, five shall be members of the Senate, one shall be a superior court judge, one shall be a district court judge, one shall be a clerk of court, two shall be district attorneys, and two shall be members of the criminal defense bar.  
(2)	The Speaker of the House of Representatives shall appoint 12 members, one of whom shall be designated cochair.  Of those 12 members, nine shall be members of the House of Representatives, one shall be a superior court judge, one shall be a clerk of court, and one shall be a public defender.
(3)	The Chief Justice of the Supreme Court of North Carolina or his designee, and the Director of the Administrative Office of the Courts.
Members appointed to the Commission shall serve until the Commission makes its final report.  Vacancies on the Commission shall be filled in the same manner as the original appointments were made. 
Sec. 3.  The Commission shall meet upon the call of the cochairs.
Sec. 4.  Upon request of the Commission or its staff, all State departments and agencies shall furnish to the Commission or its staff any information in their possession or available to them.
Sec. 5.  The Commission may submit an interim report of its findings and recommendations on or before the first day of the 1994 Regular Session of the 1993 General Assembly.  The Commission shall submit the final report of its findings and recommendations to the General Assembly on or before January 15, 1995.  All reports shall be submitted by filing the report with the Speaker of the House of Representatives and the President Pro Tempore of the Senate.  The Commission shall terminate upon filing its final report. 
Sec. 6.  The Commission may contract for clerical or professional staff or for any other services it may require in the course of its ongoing study as provided in G.S. 120-32.02.  At the request of the Commission, the Legislative Services Commission may supply members of the staff of the Legislative Services Office and clerical assistance to the Commission as the Legislative Services Commission deems appropriate.  The Commission may, with the approval of the Legislative Services Commission, meet in the State Legislative Building or the Legislative Office Building.
Sec. 7.  Members of the Commission shall be paid per diem, subsistence, and travel allowances as follows:
(1)	Commission members who are also members of the General Assembly, at the rate established in G.S. 120-3.1.
(2) 	Commission members who are officials or employees of the State or local government agencies, at the rate established in G.S. 138-6.
(3)	All other Commission members, at the rate established in G.S. 138-5.
Sec. 8.  There is appropriated from the General Fund to the General Assembly the sum of twenty thousand dollars ($20,000) for the 1993-94 fiscal year and the sum of twenty thousand dollars ($20,000) for the 1994-95 fiscal year for the work of the Criminal Case Disposition Study Commission.
Sec. 9.  This act becomes effective July 1, 1993.