GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	2 

SENATE BILL 35*
Select Committee on Courts Committee Substitute Adopted 2/24/94

Short Title:  Mecklenburg Drug Court Funds.	(Public)
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Sponsors:
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Referred to:  Appropriations.
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February 9, 1994

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH ONE ADDITIONAL SUPERIOR COURT JUDGESHIP, ONE SPECIAL SUPERIOR COURT JUDGESHIP, AND FIVE ADDITIONAL ASSISTANT DISTRICT ATTORNEY POSITIONS; TO ESTABLISH A PILOT DRUG COURT PROGRAM IN THE THIRTEENTH JUDICIAL DISTRICT; TO APPROPRIATE FUNDS FOR THE MECKLENBURG COUNTY DRUG COURT PROGRAM AND THE PILOT DRUG COURT PROGRAM; AND TO REQUIRE THE IMPOSITION OF SANCTIONS FOR AN UNFOUNDED AFFIDAVIT CHARGING A DISTRICT ATTORNEY WITH GROUNDS FOR REMOVAL.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-41(a) 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

First	1	Camden, Chowan,	2
Currituck,
Dare, Gates,
Pasquotank, 
Perquimans
2	Beaufort, Hyde,	1
Martin,
Tyrrell, Washington
3A	Pitt	2
3B	Carteret, Craven,	2
Pamlico
4A	Duplin, Jones, 	1
Sampson
	4B	Onslow	1
5	New Hanover, 	3
Pender
6A	Halifax	1
6B	Bertie, Hertford,	1
Northampton
	7A	Nash	1
	7B	(part of Wilson,	1
part of Edgecombe,
see subsection (b))
7C	(part of Wilson,	1
part of Edgecombe,
see subsection (b))
8A	Lenoir and Greene	1
8B	Wayne	1
Second	9	Franklin, Granville, 	2
  	Vance, Warren
9A	Person, Caswell	1
10A	(part of Wake,	2
see subsection (b))
10B	(part of Wake,	2
see subsection (b))
10C	(part of Wake,	1
see subsection (b))
10D	(part of Wake,	1
see subsection (b))
11	Harnett, Johnston, 	2
Lee
12A	(part of Cumberland, 	1
see subsection (b))
12B	(part of Cumberland,	1
see subsection (b))
12C	(part of Cumberland,	2
see subsection (b))
13	Bladen, Brunswick,	2
Columbus
14A	(part of Durham,	1
see subsection (b))
14B	(part of Durham,	3
see subsection (b))
15A	Alamance	2
15B	Orange, Chatham	1
	16A	Scotland, Hoke	1
16B	Robeson	2
Third	17A	Rockingham	2
17B	Stokes, Surry	2
18A	(part of Guilford,	1
see subsection (b))
18B	(part of Guilford,	1
see subsection (b))
18C	(part of Guilford,	1
see subsection (b))
18D	(part of Guilford,	1
see subsection (b))
18E	(part of Guilford,	1
see subsection (b))
19A	Cabarrus	1
19B	Montgomery, 	1
Randolph
19C	Rowan	1
20A	Anson, Moore, 	2
Richmond
	20B	Stanly, Union	2
	21A	(part of Forsyth,	1
see subsection (b))
21B	(part of Forsyth,	1
see subsection (b))
21C	(part of Forsyth,	1
see subsection (b))
21D	(part of Forsyth,	1
see subsection (b))
22	Alexander, Davidson,	2
Davie, Iredell
23	Alleghany, Ashe, 	1
Wilkes, Yadkin
Fourth	24	Avery, Madison,	1
Mitchell, 
Watauga, Yancey
25A	Burke, Caldwell 	2
	25B	Catawba	2
26A	(part of Mecklenburg,	3
see subsection (b))
26B	(part of Mecklenburg,	2
see subsection (b))
26C	(part of Mecklenburg,	2
see subsection (b))
27A	Gaston	2
27B	Cleveland, Lincoln	2
28	Buncombe	2
29	Henderson,	2
McDowell, Polk,
Rutherford,
Transylvania
	30A	Cherokee, Clay,	1
Graham, Macon,
Swain
30B	Haywood, Jackson	1."
Sec. 2.  Effective April 1, 1995, the Governor shall appoint the superior court judge for District 26A authorized by Section 1 of this act, whose term shall expire December 31, 1996.  This judge's successor shall be chosen in the 1996 general election.
Sec. 3.  G.S. 7A-45.1(a) reads as rewritten:
"(a)	Effective November 1, 1993, the Governor may appoint a special superior court judge to serve a term expiring December 31, 1998.  Effective October 1, 1994, the Governor may appoint a special superior court judge to serve a term expiring December 31, 1996.  Successors to the special superior court judges appointed pursuant to this subsection shall be appointed to four-year terms.  A special judge takes the same oath of office and is subject to the same requirements and disabilities as are or may be prescribed by law for regular judges of the superior court, save the requirement of residence in a particular district."
Sec. 4.  G.S. 7A-60(a1) reads as rewritten:
"(a1)	The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:
No. of Full-Time
Prosecutorial	Asst. District
District	Counties	Attorneys
1	Camden, Chowan, Currituck,	7
Dare, Gates, Pasquotank,
Perquimans
2	Beaufort, Hyde, Martin,	4
Tyrrell, Washington
3A	Pitt	6
3B	Carteret, Craven, Pamlico	6
4	Duplin, Jones, Onslow,	10
Sampson
5	New Hanover, Pender	9
6A	Halifax	3
6B	Bertie, Hertford,	3
	Northampton
	7	Edgecombe, Nash, Wilson	10
8	Greene, Lenoir, Wayne	8
9	Franklin, Granville,	7
Vance, Warren
9A	Person, Caswell	2
	10	Wake	19
11	Harnett, Johnston, Lee	9
12	Cumberland	12
13	Bladen, Brunswick, Columbus	7
14	Durham	9
15A	Alamance	6
15B	Orange, Chatham	5
16A	Scotland, Hoke	3
16B	Robeson	7
17A	Rockingham	4
17B	Stokes, Surry	4
18	Guilford	17
19A	Cabarrus	 	4
19B	Montgomery, Randolph	5
19C	Rowan	4
20	Anson, Moore, Richmond,	11
Stanly, Union
21	Forsyth	12
22	Alexander, Davidson, Davie,	11
Iredell
23	Alleghany, Ashe, Wilkes,	4
Yadkin
24	Avery, Madison, Mitchell,	3
Watauga, Yancey
25	Burke, Caldwell, Catawba	11
26	Mecklenburg	23
27A	Gaston	8
27B	Cleveland,	5
Lincoln
28	Buncombe	8
29	Henderson, McDowell, Polk,	8
Rutherford, Transylvania
30	Cherokee, Clay, Graham,	6
Haywood, Jackson, Macon,
Swain."
Sec. 5.  G.S. 7A-60(a1) reads as rewritten:
"(a1)	The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:
No. of Full-Time
Prosecutorial	Asst. District
District	Counties	Attorneys
1	Camden, Chowan, Currituck,	7
Dare, Gates, Pasquotank,
Perquimans
2	Beaufort, Hyde, Martin,	4
Tyrrell, Washington
3A	Pitt	6
3B	Carteret, Craven, Pamlico	6
4	Duplin, Jones, Onslow,	10
Sampson
5	New Hanover, Pender	9
6A	Halifax	3
6B	Bertie, Hertford,	3
	Northampton
	7	Edgecombe, Nash, Wilson	10
8	Greene, Lenoir, Wayne	8
9	Franklin, Granville,	7
Vance, Warren
9A	Person, Caswell	2
	10	Wake	19
11	Harnett, Johnston, Lee	9
12	Cumberland	12
13	Bladen, Brunswick, Columbus	7
14	Durham	9
15A	Alamance	6
15B	Orange, Chatham	5
16A	Scotland, Hoke	3
16B	Robeson	7
17A	Rockingham	4
17B	Stokes, Surry	4
18	Guilford	17
19A	Cabarrus	 	4
19B	Montgomery, Randolph	5
19C	Rowan	4
20	Anson, Moore, Richmond,	11
Stanly, Union
21	Forsyth	12
22	Alexander, Davidson, Davie,	11
Iredell
23	Alleghany, Ashe, Wilkes,	4
Yadkin
24	Avery, Madison, Mitchell,	3
Watauga, Yancey
25	Burke, Caldwell, Catawba	11
26	Mecklenburg	27
27A	Gaston	8
27B	Cleveland,	5
Lincoln
28	Buncombe	8
29	Henderson, McDowell, Polk,	8
Rutherford, Transylvania
30	Cherokee, Clay, Graham,	6
Haywood, Jackson, Macon,
Swain."
Sec. 6.  G.S. 7A-66 is rewritten to read:
"§ 7A-66.  Removal of district attorneys.
The following are grounds for suspension of a district attorney or for his removal from office:
(1)	Mental or physical incapacity interfering with the performance of his duties which is, or is likely to become, permanent;
(2)	Willful misconduct in office;
(3)	Willful and persistent failure to perform his duties;
(4)	Habitual intemperance;
(5)	Conviction of a crime involving moral turpitude;
(6)	Conduct prejudicial to the administration of justice which brings the office into disrepute; or
(7)	Knowingly authorizing or permitting an assistant district attorney to commit any act constituting grounds for removal, as defined in subdivisions (1) through (6) hereof.
A proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal. The clerk shall immediately bring the matter to the attention of the senior regular resident superior court judge for the district or set of districts as defined in G.S. 7A-41.1(a)	in which the county is located who shall within 30 days either review and act on the charges or refer them for review and action within 30 days to another superior court judge residing in or regularly holding the courts of that district or set of districts. If the superior court judge upon review finds that the charges if true constitute grounds for suspension, and finds probable cause for believing that the charges are true, he may enter an order suspending the district attorney from performing the duties of his office until a final determination of the charges on the merits. During the suspension the salary of the district attorney continues. If the superior court judge finds that the charges if true do not constitute grounds for suspension or finds that no probable cause exists for believing that the charges are true, he shall dismiss the proceeding.
If a hearing, with or without suspension, is ordered, the district attorney should receive immediate written notice of the proceedings and a true copy of the charges, and the matter shall be set for hearing not less than 10 days nor more than 30 days thereafter. The matter shall be set for hearing before the judge who originally examined the charges or before another regular superior court judge resident in or regularly holding the courts of that district or set of districts. The hearing shall be open to the public.  All testimony shall be recorded. At the hearing the superior court judge shall hear evidence and make findings of fact and conclusions of law and if he finds that grounds for removal exist, he shall enter an order permanently removing the district attorney from office, and terminating his salary.  If he finds that no grounds exist, he shall terminate the suspension, if any.
The district attorney may appeal from an order of removal to the Court of Appeals on the basis of error of law by the superior court judge.  Pending decision of the case on appeal, the district attorney shall not perform any of the duties of his office. If, upon final determination, he is ordered reinstated either by the appellate division or by the superior court upon remand his salary shall be restored from the date of the original order of removal.
If the court finds that any affidavit upon which a proceeding under this section is brought is not grounded in fact, or is unwarranted by existing law or a good faith argument for the extension, modification or reversal of existing law, or is filed for an improper purpose such as harassment, the court, upon motion or upon its own initiative, shall impose sanctions against the person making or filing the affidavit.  The sanctions may include an order to pay the district attorney the amount of the reasonable expenses incurred, including reasonable attorneys' fees."
Sec. 7.  There is established a pilot drug court program in the Thirteenth Judicial District, to be administered by the Administrative Office of the Courts.  The purpose of the pilot program is to determine whether the establishment of drug courts statewide is feasible and cost-effective.  The Administrative Office of the Courts shall evaluate the pilot and file a report on the pilot with the General Assembly on or before the convening of the 1997 Regular Session of the 1996 General Assembly.  The pilot shall terminate on April 1, 1996.  The pilot program shall be conducted within existing funds of the Administrative Office of the Courts, except for any appropriations in this act.
Sec. 8.  There is appropriated from the General Fund to the Judicial Department the sum of two hundred thirty-one thousand three hundred thirty-four dollars ($231,334) for the 1994-95 fiscal year to continue funding the Mecklenburg County Drug Court program during the fourth quarter of the 1994-95 fiscal year.  The Governor's Crime Commission grant supporting this program expires March 31, 1995.
Sec. 9.  There is appropriated from the General Fund to the Judicial Department the sum of fifty-nine thousand nine hundred twenty-seven dollars ($59,927) for the 1994-95 fiscal year to fund the assistant district attorney position established in Section 4 of this act.
Sec. 10.  There is appropriated from the General Fund to the Judicial Department the sum of one hundred fifteen thousand four hundred seven dollars ($115,407) for the 1994-95 fiscal year to fund the special superior court judgeship established in Section 3 of this act.
Sec. 11.  There is appropriated from the General Fund to the Department of Correction the sum of eight thousand seven hundred fifty dollars ($8,750) for the 1994-95 fiscal year to establish one probation officer position to work with the Mecklenburg County Drug Court Program.
Sec. 12.  Sections 4, 7, and 9 of this act become effective July 1, 1994.  Sections 3 and 10 of this act become effective November 1, 1994.  Sections 1, 2, 5, 8, and 11 of this act become effective April 1, 1995.  The remainder of this act is effective upon ratification.