GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 174

Short Title:  Judicial Divisions/Compensation.	(Public)
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Sponsors: Senator Winner of Buncombe.
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Referred to:  Courts.
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February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO DIVIDE EACH JUDICIAL DIVISION SO AS TO REDUCE TRAVEL TIME AND COSTS, TO ESTABLISH A NEW JUDICIAL PAY SCALE, AND TO TIE PER DIEM REIMBURSEMENT TO SUPERIOR COURT JUDGES TO TRAVEL OUTSIDE THE COUNTY OF RESIDENCE.
The General Assembly of North Carolina enacts:
Section 1.  Effective July 1, 1994, G.S. 7A-41(a), as amended by Sections 200.4(a) and 200.5(a) of Chapter 321 of the 1993 Session Laws, reads as rewritten:
"(a)	The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:
	Superior
Judicial	Court 	No. of Resident
Division	District	Counties		Judges

1A	1	Camden, Chowan,	2
Currituck,
Dare, Gates,
Pasquotank, 
Perquimans
1A	2	Beaufort, Hyde,	1
Martin,
Tyrrell, Washington
1A	3A	Pitt	2
1B	3B	Carteret, Craven,	2
Pamlico
1B	4A	Duplin, Jones, 	1
Sampson
1B	4B	Onslow	1
1B	5	New Hanover, 	3
Pender
1A	6A	Halifax	1
1A	6B	Bertie, Hertford,	1
Northampton
1A	7A	Nash	1
1A	7B	(part of Wilson,	1
part of Edgecombe,
see subsection (b))
1A	7C	(part of Wilson,	1
part of Edgecombe,
see subsection (b))
1B	8A	Lenoir and Greene	1
1B	8B	Wayne	1
2A	9	Franklin, Granville, 	2
Vance, Warren
2A	9A	Person, Caswell	1
2A	10A	(part of Wake,	1
see subsection (b))
2A	10B	(part of Wake,	2
see subsection (b))
2A	10C	(part of Wake,	1
see subsection (b))
2A	10D	(part of Wake,	1
see subsection (b))
2B	11	Harnett, Johnston, 	2
Lee
2B	12A	(part of Cumberland, 	1
see subsection (b))
2B	12B	(part of Cumberland,	1
see subsection (b))
2B	12C	(part of Cumberland,	2
see subsection (b))
2B	13	Bladen, Brunswick,	2
Columbus
2A	14A	(part of Durham,	1
see subsection (b))
2A	14B	(part of Durham,	3
see subsection (b))
2A	15A	Alamance	2
2A	15B	Orange, Chatham	1
2B	16A	Scotland, Hoke	1
2B	16B	Robeson	2
3A	17A	Rockingham	2
3A	17B	Stokes, Surry	2
3B	18A	(part of Guilford,	1
see subsection (b))
3B	18B	(part of Guilford,	1
see subsection (b))
3B	18C	(part of Guilford,	1
see subsection (b))
3B	18D	(part of Guilford,	1
see subsection (b))
3B	18E	(part of Guilford,	1
see subsection (b))
3B	19A	Cabarrus	1
3B	19B	Montgomery, 	1
Randolph
3B	19C	Rowan	1
3B	20A	Anson, Moore, 	2
Richmond
3B	20B	Stanly, Union	2
3A	21A	(part of Forsyth,	1
see subsection (b))
3A	21B	(part of Forsyth,	1
see subsection (b))
3A	21C	(part of Forsyth,	1
see subsection (b))
3A	21D	(part of Forsyth,	1
see subsection (b))
3A	22	Alexander, Davidson,	2
Davie, Iredell
3A	23	Alleghany, Ashe, 	1
Wilkes, Yadkin
4A	24	Avery, Madison,	1
Mitchell, 
Watauga, Yancey
4A	25A	Burke, Caldwell 	2
4A	25B	Catawba	2
4B	26A	(part of Mecklenburg,	2
	see subsection (b))
4B	26B	(part of Mecklenburg,	2
see subsection (b))
4B	26C	(part of Mecklenburg,	2
see subsection (b))
4B	27A	Gaston	2
4B	27B	Cleveland, Lincoln	1
4A	28	Buncombe	2
4A	29	Henderson,	2
McDowell, Polk,
Rutherford,
Transylvania
4A	30A	Cherokee, Clay,	1
Graham, Macon,
Swain
4A	30B	Haywood, Jackson	1."
Sec. 2. Subchapter I of Chapter 7A of the General Statutes is amended by adding a new Article to read:
"ARTICLE 1C.
"Pay Scale for Certain Judicial Officers.
"§ 7A-4.30.  Pay scale.
(a)	Unless an election is made under subsection (c) of this section to have the old judicial pay scale apply, effective July 1, 1994, the following are the annual salaries, payable monthly, of the officers listed below:
Chief Justice, Supreme Court	$97,600
Associate Justice, Supreme Court	 96,000
Chief Judge, Court of Appeals	 93,600
Judge, Court of Appeals	 92,000
Judge, Senior Regular Resident
Superior Court	 89,600
Judge, Superior Court	 88,000
Chief Judge, District Court	 81,600
Judge, District Court	 80,000
District Attorney	 85,000
Public Defender	 85,000
Clerk of Court:
Population less than 100,000	52,000
Population 100,000 to 149,999	59,000
Population 150,000 to 249,999	69,000
Population 250,000 and above	69,000.
If an acting senior regular resident superior court judge is appointed under the provisions of G.S. 7A-41, he shall receive the salary for Judge, Senior Regular Resident, Superior Court, until his temporary appointment is vacated, and the judge he replaces shall receive the salary indicated for Judge, Superior Court.
(b)	Each officer whose salary is set by subsection (a) of this section may elect to instead:
(1)	Be paid at the salary level set by Section 56(a) of Chapter 321 of the 1993 Session Laws; and
(2)	Annually receive the payment set by Section 69 of Chapter 321 of the 1993 Session Laws if such payment was received by that officer during the 1993-94 fiscal year.
Such election shall be made on a form provided by the Administrative Officer of the Courts and filed with the Administrative Officer of the Courts on or before May 1, 1994.  Any election applies to both subdivisions of this subsection.  It is the intent of the General Assembly that if any across-the-board cost-of-living salary increases are granted for the 1994-95 fiscal year, those increases shall be applied to the salary schedule provided by subsection (a)	of this section, but not to the salary schedule provided by Section 56 of Chapter 321 of the 1993 Session Laws, except for persons not covered by subsection (a) of this section (Assistant District Attorneys, Assistant Public Defenders, Administrative Officer of the Courts, and Assistant Administrative Officer of the Courts).  It is the intent of the General Assembly that if any across-the-board cost-of-living salary increases are granted for the 1995-96 or later fiscal years, those increases shall be applied to the salary schedule provided by Section 56 of Chapter 321 of the 1993 Session Laws.
(c)	The election made under subsection (c) of this section applies only if the officer continues in the same office, provided that a change of:
(1)	Justice of the Supreme Court to Chief Justice of the Supreme Court;
(2)	Judge of the Court of Appeals to Chief Judge of that Court;
(3)	Superior Court Judge to Senior Resident Superior Court Judge; and
(4)	District Court Judge to Chief District Court Judge
is considered to be continuance in the same office for the purpose of the election, and shall entitle the person to the higher salary for that office under Section 56 of Chapter 321 of the 1993 Session Laws."
Sec. 3.  G.S. 7A-10(b) reads as rewritten:
"(b)	The Chief Justice and each of the associate justices shall receive the annual salary provided in G.S. 7A-4.30. Each justice is entitled to reimbursement for travel and subsistence expenses at the rate allowed State employees generally."
Sec. 4.  G.S. 7A-18(a) reads as rewritten:
"(a)	The Chief Judge and each associate judge of the Court of Appeals shall receive the annual salary provided in G.S. 7A-4.30. Each judge is entitled to reimbursement for travel and subsistence expenses at the rate allowed State employees generally."
Sec. 5.  G.S. 7A-44(a) reads as rewritten:
"(a)	A judge of the superior court, regular or special, shall receive the annual salary set forth in G.S. 7A-4.30. In addition, a judge of the superior court shall receive:
(1)	Travel reimbursement for actual expenses for meals and lodging out of the county of residence, but not to exceed the daily rate members of the General Assembly receive under G.S. 120-3.1(a)(3); and
(2)	Mileage for travel from place of residence to the place of holding court at the business standard mileage rate set by the Internal Revenue Service per mile of travel, which is the same rate as is provided for State employees
for any day that judge is assigned to hold court in a location other than the judge's county of residence, and in lieu of other professional expenses incurred in the discharge of his official duties. The Administrative Officer of the Courts may also reimburse superior court judges, in addition to the above funds for travel and subsistence, for travel and subsistence expenses incurred for professional education.
Any judge of the superior court who has elected under G.S. 7A-4.30 to continue under the old pay schedule may, on the same form, elect to receive, in lieu of the reimbursement and mileage set out in subdivisions (1)	and (2) of this subsection, seven thousand dollars ($7,000) per year, payable monthly, in lieu of necessary subsistence expenses while attending court or transacting official business at a place other than in the county of his residence and in addition shall be paid the same travel allowance as State employees generally by G.S. 138-6(a)(1) and (2), provided that no travel allowance be paid for travel within his county of residence."
Sec. 6. G.S. 7A-65(a) reads as rewritten:
"(a)	The annual salary of district attorneys shall be as provided by G.S. 7A-4.30.  The annual salary of full-time assistant district attorneys shall be as provided in the Current Operations Appropriations Act. When traveling on official business, each district attorney and assistant district attorney is entitled to reimbursement for his subsistence and travel expenses to the same extent as State employees generally."
Sec. 7.  G.S. 7A-101(a) reads as rewritten:
"(a)	The clerk of superior court is a full-time employee of the State and shall receive an annual salary, payable in equal monthly installments, based on the population of the county as determined in subsection (a1) of this section, according to the schedule set out in G.S. 7A-4.30.
					When a county changes from one population group to another, the salary of the clerk shall be changed, on July 1 of the fiscal year for which the change is reported, to the salary appropriate for the new population group, except that the salary of an incumbent clerk shall not be decreased by any change in population group during his continuance in office."
Sec. 8.  G.S. 7A-144(a) reads as rewritten:
"(a)	Each judge shall receive the annual salary provided in G.S. 7A-4.30, and reimbursement on the same basis as State employees generally, for his necessary travel and subsistence expenses."
Sec. 9.  G.S. 7A-465(b) reads as rewritten:
"(b)	The public defender shall be an attorney licensed to practice law in North Carolina, and shall devote his full time to the duties of his office.  A public defender shall receive the salary provided by G.S. 7A-4.30.
In lieu of merit and other increment raises paid to regular State employees, a public defender shall receive as longevity pay an amount equal to four and eight-tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, nine and six-tenths percent (9.6%) after 10 years of service, fourteen and four-tenths percent (14.4%) after 15 years of service, and nineteen and two-tenths percent (19.2%) after 20 years of service. 'Service' means service as a public defender."
Sec. 10.  This act becomes effective July 1, 1994.