GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 160*

Short Title:  Magistrates' Qual./Pay Plan.	(Public)
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Sponsors: Senator Daniel.
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Referred to:  Courts.
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February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO RAISE THE EDUCATIONAL QUALIFICATIONS FOR THE OFFICE OF MAGISTRATE AND TO MODIFY THE MAGISTRATE'S PAY PLAN ACCORDINGLY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-171.2 reads as rewritten:
"§ 7A-171.2.  Qualifications for nomination or renomination.
(a)	In order to be eligible for nomination or for renomination as a magistrate an individual shall be a resident of the county for which he is appointed.
(b)	To be eligible for nomination as a magistrate, an individual shall have a four-year degree from an accredited senior institution of higher education or shall have a two-year associate degree and four years of work experience in a related field, including teaching, social services, law enforcement, arbitration or mediation, the court system, or counseling.  The Administrative Officer of the Courts may determine whether the work experience is sufficiently related to the duties of the office of magistrate for the purposes of this subsection.  In determining whether an individual's work experience is in a related field, the Administrative Officer of the Courts shall consider the requisite knowledge, skills, and abilities for the office of magistrate.
The eligibility requirements prescribed by this subsection do not apply to individuals holding the office of magistrate on June 30, 1994, and do not apply to individuals who have been nominated by June 30, 1994, but who have not been appointed or taken the oath of office by that date.
(c)	In order to be eligible for renomination as a magistrate an individual shall have successfully completed the course of basic training for magistrates prescribed by G.S. 7A-177.
(d)	Notwithstanding any other provision of this subsection, an individual who holds the office of magistrate on July 1, 1977, shall not be required to have successfully completed the course of basic training for magistrates prescribed by G.S. 7A-177 in order to be eligible for renomination as a magistrate."
Sec. 2.  G.S. 7A-171.1 reads as rewritten:
"§ 7A-171.1.  Duty hours, salary, and travel expenses within county.
	(a)	The Administrative Officer of the Courts, after consultation with the chief district judge and pursuant to the following provisions, shall set an annual salary for each magistrate.
(1)	A full-time magistrate shall be paid the annual salary indicated in the table set out in this subdivision.  A full-time magistrate is a magistrate who is assigned to work an average of not less than 40 hours a week during the term of office.  The Administrative Officer of the Courts shall designate whether a magistrate is full-time.  Initial appointment shall be at the entry rate.  A magistrate's salary shall increase to the next step every two years on the anniversary of the date the magistrate was originally appointed.

Table of Salaries of Full-Time Magistrates
									Annual Salary
1994-95
Entry Rate	$21,642
Step 1	 23,814
Step 2	 26,178
Step 3	 28,758
Step 4	 31,582
Step 5	 34,688
Step 6	 38,104.
		(2)	A part-time magistrate is a magistrate who is assigned to work an average of less than 40 hours of work a week during the term, except that no magistrate shall be assigned an average of less than 10 hours of work a week during the term.  A part-time magistrate is included, in accordance with G.S. 7A-170, under the provisions of G.S. 135-1(10) and G.S. 135-40.2(a).  The Administrative Officer of the Courts designates whether a magistrate is a part-time magistrate.  A part-time magistrate shall receive an annual salary based on the following formula: The average number of hours a week that a part-time magistrate is assigned work during the term shall be multiplied by the annual salary payable to a full-time magistrate who has the same number of years of service prior to the beginning of that term as does the part-time magistrate and the product of that multiplication shall be divided by the number 40. The quotient shall be the annual salary payable to that part-time magistrate.
			(3)	
	Notwithstanding any other provision of this subsection, an individual who, when initially appointed as a full-time magistrate, is licensed to practice law in North Carolina, shall receive the annual salary provided in the Table in subdivision (1) of this subsection for Step 4.  This magistrate's salary shall increase to the next step every two years on the anniversary of the date the magistrate was originally appointed.  An individual who, when initially appointed as a part-time magistrate, is licensed to practice law in North Carolina, shall be paid an annual salary based on that for Step 4 and determined according to the formula in subdivision (2) of this subsection.  This magistrate's salary shall increase to the next step every two years on the anniversary of the date the magistrate was originally appointed.  The salary of a full-time magistrate who acquires a license to practice law in North Carolina while holding the office of magistrate and who at the time of acquiring the license is receiving a salary at a level lower than Step 4 shall be adjusted to Step 4 and, thereafter, shall advance in accordance with the Table's schedule.  The salary of a part-time magistrate who acquires a license to practice law in North Carolina while holding the office of magistrate and who at the time of acquiring the license is receiving an annual salary as determined by subdivision (2) of this subsection based on a salary level lower than Step 4 shall be adjusted to a salary based on Step 4 in the Table and, thereafter, shall advance in accordance with the provision in subdivision (2) of this subsection.
	(a1)	Notwithstanding subsection (a), the following salary provisions apply to individuals who were serving as magistrates on June 30, 1994:
(1)	The salaries of magistrates who on June 30, 1994, were paid at a salary level of less than five years of service under the table in effect that date shall be as follows:
Less than 1 year of service	$17,058
1 or more but less than 3 years of service	 17,934
3 or more but less than 5 years of service	 19,698.
	Upon completion of four years of service, those magistrates shall receive the salary set as the Entry Rate in the table in subsection (a).
(2)	The salaries of magistrates who on June 30, 1994, were paid at a salary level of five or more years of service shall be based on the rates set out in subsection (a) as follows:
Salary Level on
Salary Level on June 30, 1994	July 1, 1994
5 or more but less than 7 years
  of service	Entry Rate
7 or more but less than 9 years
  of service	 Step 1
9 or more but less than 11 years
  of service	 Step 2
11 or more years of service	 Step 3.
		Thereafter, their salaries shall be set in accordance with the provisions in subsection (a).
(3)	The salaries of magistrates who are licensed to practice law in North Carolina shall be adjusted to the annual salary provided in the table in subsection (a) as Step 4, and, thereafter, their salaries shall be set in accordance with the provisions in subsection (a).
(4)	The salaries of 'part-time magistrates' shall be set under the formula set out in subdivision (2) of subsection (a) but according to the rates set out in this subsection.
	(b)	The Administrative Officer of the Courts shall provide magistrates with longevity pay at the same rates as are provided by the State to its employees subject to the State Personnel Act.
	(c)	Notwithstanding G.S. 138-6, a magistrate may not be reimbursed by the State for travel expenses incurred on official business within the county in which the magistrate resides."
Sec. 3.  This act becomes effective July 1, 1994.  Subsection (a1) of G.S. 7A-171.1, as added by Section 2 of this act, expires June 30, 1997.