GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 531

Short Title:  District Judge's Term.	(Public)
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Sponsors:  Senator Hyde.
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Referred to:  Constitution and Election Laws.
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March 23, 1993

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO MAKE THE TERMS OF OFFICE FOR DISTRICT COURT JUDGES CONSISTENT WITH THE TERMS FOR ALL OTHER JUDGES OF THE GENERAL COURT OF JUSTICE.
The General Assembly of North Carolina enacts:
Section 1.  Section 10 of Article IV of the Constitution of North Carolina reads as rewritten:
"Sec. 10.  District Courts.  The General Assembly shall, from time to time, divide the State into a convenient number of local court districts and shall prescribe where the District Courts shall sit, but a District Court must sit in at least one place in each county. District judges shall be elected for each district for a term of eight years, in a manner prescribed by law. When more than one District Judge is authorized and elected for a district, the Chief Justice of the Supreme Court shall designate one of the judges as Chief District Judge.  Every District Judge shall reside in the district for which he is elected. For each county, the senior regular resident Judge of the Superior Court serving the county shall appoint for a term of two years, from nominations submitted by the Clerk of Superior Court of the county, one or more Magistrates who shall be officers of the District Court.  The number of District Judges and Magistrates shall, from time to time, be determined by the General Assembly.  Vacancies in the office of District Judge shall be filled for the unexpired term in a manner prescribed by law.  Vacancies in the office of Magistrate shall be filled for the unexpired term in the manner provided for original appointments to the office."
Sec. 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the general election to be held on November 8, 1994.  The election shall be held and conducted under the laws then governing general elections in this State.  At that election each qualified voter who desires to vote shall be provided a ballot on which shall be printed the following:
"[ ]	FOR constitutional amendment providing that district judges' terms of office shall be the same as terms of office for all other judges of the General Court of Justice.
[ ]	AGAINST constitutional amendment providing that district judges' terms of office shall be the same as terms of office for all other judges of the General Court of Justice."
Those qualified voters favoring the amendments shall vote by marking an "X"or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to the amendments shall vote by marking an "X"or a check mark in the square beside the statement beginning "AGAINST".
Notwithstanding the foregoing provisions of this section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.
Sec. 3.  If a majority of the votes cast thereon are in favor of the constitutional amendments, the State Board of Elections shall certify the amendments to the Secretary of State, who shall enroll the amendments so certified among the permanent records of his office.  The constitutional amendment shall become effective December 5, 1994, and shall apply to all terms of  district judges commencing on that date and thereafter so that those terms will be eight years.
Sec. 3.1.  G.S. 163-1(c) reads as rewritten:
"(c)	On Tuesday next after the first Monday in November in the year 1968, and every four years thereafter, or on such days as the Congress of the United States shall direct, an election shall be held in all of the election precincts of the State for the election of electors of President and Vice-President of the United States. The number of electors to be chosen shall be equal to the number of Senators and Representatives in Congress to which this State may be entitled. Presidential electors shall not be nominated by primary election; instead, they shall be nominated in a State convention of each political party as defined in G.S. 163-96 unless otherwise provided by the plan of organization of the political party; provided, that in the case of a candidate for President of the United States who has qualified to have his name printed on the general election ballot as an unaffiliated candidate under G.S. 163-122, that candidate shall nominate presidential electors. One presidential elector shall be nominated from each congressional district and two from the state-at-large.  OFFICE        JURISDICTION     DATE OF ELECTION    TERM OF OFFICE

Governor 	State 	Tuesday next after	Four years, from
  the first Monday 	  first day of
  in November 1968	  January next
	  and every four	  after election
  years thereafter
Lieutenant  	State 	Tuesday next after 	Four years, from
  Governor	  the first Monday	  first day of
  in November 1968	  January next
  and every four   	  after election
  years thereafter
Secretary of 	State 	Tuesday next after	Four years, from
  State	  the first Monday	  first day of
  in November 1968	  January next 
	  and every four	  after election
  years thereafter
Auditor 	State 	Tuesday next after	Four years, from
  	  the first Monday	  first day of
  in November 1968	  January next 
	  and every four	  after election
  years thereafter
Treasurer 	State 	Tuesday next after	Four years, from
  	  the first Monday	  first day of
  in November 1968	  January next 
	  and every four	  after election
  years thereafter
Superinten- 	State 	Tuesday next after	Four years, from
  dent of 	  the first Monday	  first day of
  Public	  in November 1968	  January next 
	  Instruction	  and every four	  after election
  years thereafter
Attorney 	State 	Tuesday next after	Four years, from
  General	  the first Monday	  first day of
  in November 1968	  January next 
	  and every four	  after election
  years thereafter
Commissioner 	State 	Tuesday next after	Four years, from
  of 	  the first Monday	  first day of
  Agriculture	  in November 1968	  January next 
	  and every four	  after election
  years thereafter
Commissioner 	State 	Tuesday next after	Four years, from
  of Labor	  the first Monday	  first day of
  in November 1968	  January next 
	  and every four	  after election
  years thereafter
Commissioner 	State 	Tuesday next after	Four years, from
  of 	  the first Monday	  first day of
  Insurance	  in November 1968	  January next 
	  and every four	  after election
  years thereafter
All other  	State 	Tuesday next after	Four years, from
  State 	  the first Monday	  first day of
  officers	  in November 1968	  January next 
	  whose terms	  and every four	  after election
  last for	  years thereafter
  four years
All other  	State 	Tuesday next after	Two years, from
  State  	  the first Monday	  first day of
  officers	  in November 1968	  January next 
	  whose terms	  and every two	  after election
  are not	  years thereafter
  specified
  by law
State Senator	Senatorial  	Tuesday next after	Two years
     	  district	  the first Monday
  	  in November 1968
	  	  and every two
  	  years thereafter
Member of 	Representative  	Tuesday next after	Two years
  State House	  district	  the first Monday
  of Repre- 	  in November 1968
	  sentatives	  and every two
  	  years thereafter
Justices and 	State 	At the regular 	Eight years,
  Judges of the 	  election for	  from first day
  Appellate	  members of the 	  of January next
  Division 	  General Assembly	  after election
  immediately preceding
	 	  the termination of
  each regular term
Judges of the	State 	At the regular 	Eight years,
  superior	  election for 	  from first day
  courts	  members of the	  of January next
   	  General Assembly	  after election
  immediately preceding
  the termination of
  each regular term
Judges of the	District court 	At the regular 	Eight years,
  district	  district	  election for 	  from the first
  courts	  members of the 	  Monday in
   	  General Assembly	  December next
  immediately preceding	  after election
  the termination 
  of each regular
  term
District	District  	At the regular 	Four years, from
  Attorney	  Attorney	  election for	  first day of
  	  district	  members of the 	  January next
   	  General Assembly	  after election
  immediately preceding
  the termination 
  of each regular
  term
Members of  	Congressional  	Tuesday next after 	Two years
  House of	  district,	  the first Monday 
  Representa-	  except as 	  in November 1968
  tives of	  modified by	  and every two 
  the 	  G.S. 163-104	  years thereafter
  Congress of
  the United
  States
United States	State  	At the regular 	Six years
  Senators	  	  election immed-
     	  iately preceding
  	  the termination
  of each regular
  term
County	County  	At the regular 	Two years, from
commissioners	  	  election for	  the first
     	  members of the	  Monday in 
  	  General Assembly	  December next
  immediately preceding	  after election
  the termination of
  each regular term
Clerk of	County  	At the regular  	Four years, from
  superior	  	  election for 	  the first
  court	     	  members of the 	  Monday in
  	  General Assembly	  December next
  immediately preceding	  after election
  the termination 
  of each regular term
Register of	County  	At the regular 	Four years, from
  deeds	  	  election for	  the first 
  	     	  members of the	  Monday in
  	  General Assembly	  December next
  immediately 	  after election
  preceding the 
  termination of
  each regular term
Sheriff	County  	At the regular 	Four years, from
  	  	  election for	  the first 
  	  members of the 	  Monday in 
  	  General Assembly	  December next
  immediately	  after election
  preceding the
  termination of
  each regular term
Coroner	County  	At the regular 	Four years, from
	  	  election for	  the first
  	     	  members of the	  Monday in
  	  General Assembly	  December next
  immediately 	  after election
  preceding the 
  termination of
  a regular term
County 	County  	Tuesday next after 	Two years, from
  treasurer 	  	  the first Monday	  the first
  (in	     	  in November 1968	  Monday in
  counties in	  	  and every two	  December next
  which	  years thereafter	  after election
  elected)
All other 	County  	Tuesday next after 	Two years, from
  county  	  	  the first Monday	  the first 
  officers to	     	  in November 1968	  Monday in 
  be elected	  	  and every two	  December next
  by the 	  years thereafter	  after election
  people".Sec. 4.  G.S. 7A-140 reads as rewritten:
"§ 7A-140.  Number; election; term; qualification; oath.
There shall be at least one district judge for each district. Each district judge shall be elected by the qualified voters of the district court district in which he is to serve at the time of the election for members of the General Assembly.  The number of judges for each district shall be determined by the General Assembly.  Each judge shall be a resident of the district for which elected, and shall serve a term of eight years, beginning on the first Monday in December  following his election.
Each district judge shall devote his full time to the duties of his office.  He shall not practice law during his term, nor shall he during such term be the partner or associate of any person engaged in the practice of law.
Before entering upon his duties, each district judge, in addition to other oaths prescribed by law, shall take the oath of office prescribed for a judge of the General Court of Justice."
Sec. 5.  Sections 3.1 and 4 of this act shall take effect only upon approval of the voters of the constitutional amendment set forth in Section 1 of this act.  If the constitutional amendment proposed in that section is approved by the voters, then Sections 3.1 and 4 of this act become effective at the same time as the constitutional amendment.
Sec. 6.  This act is effective upon ratification.