GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	3 

HOUSE BILL 233
Second Edition Engrossed 3/16/95
Senate Appropriations Committee Substitute Adopted 6/18/96

Short Title:  Moore County to District. 19B.	(Public)

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Sponsors:

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Referred to: 

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February 21, 1995

A BILL TO BE ENTITLED
AN ACT TO TRANSFER MOORE COUNTY TO JUDICIAL AND PROSECUTORIAL DISTRICTS 19B.
The General Assembly of North Carolina enacts:
Section 1.  (a)	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))
11A	Harnett, 	1
Lee
11B	Johnston	1
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, Moore,	2
Randolph
19C	Rowan	1
20A	Anson,	1
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,	2
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"
(b)	The superior court judgeship held on June 12, 1996, in Superior Court District 20A by a resident of Moore County (James M. Webb) is allocated to Superior Court District 19B.  The term of that judge expires December 31, 2000.  The judge's successor shall be elected in the 2000 general election.
(b1)  The superior court judgeship held on June 12, 1996, in Superior Court District 20A by a resident of Anson County (Donald R. Huffman) is allocated to Superior Court District 20A.  The term of that judge expires December 31, 2000.  The judge's successor shall be elected in the 2000 general election.
(c)	G.S. 7A-41(d)(39) reads as rewritten:
"(39)	In the nineteenth-B superior court district, Russell G. Walker, Jr., serves a term expiring December 31, 1990.  No election shall be held in 1998 for the full term of the seat now occupied by Russell G. Walker, Jr., and the holder of that seat shall serve until a successor is elected in 2000 and qualifies.  The succeeding term shall begin January 1, 2001."
Sec. 2.  (a)	G.S. 7A-133(a) reads as rewritten:
"(a)	Each district court district shall have the numbers of judges  as set forth in the following table:

District	Judges	County 

	1	4	Camden
	Chowan
Currituck
Dare
Gates
Pasquotank
Perquimans
2	3	Martin
Beaufort
Tyrrell 
Hyde
Washington
3A	4	Pitt
3B	4	Craven
Pamlico
Carteret
4	6	Sampson
Duplin
Jones
Onslow
5	6	New Hanover
Pender
6A	2	Halifax
6B	3	Northampton
Bertie
Hertford
7	6 	Nash
	Edgecombe
Wilson
8	6	Wayne
Greene
Lenoir
9	4	Granville
(part of Vance
see subsection (b))
Franklin
9A	2	Person
Caswell
9B	1	Warren
(part of Vance
see subsection (b))
10	12 	Wake
11	6	Harnett
Johnston
Lee
12	7	Cumberland
13	4	Bladen
Brunswick
Columbus
	14	5	Durham
15A	3	Alamance
15B	3	Orange
Chatham
16A	2	Scotland
Hoke
16B	5	Robeson
17A	2	Rockingham
17B	3	Stokes
Surry
18	11	Guilford
19A	3	Cabarrus
19B	5	Montgomery
Moore
Randolph
19C	3	Rowan
20	5	Stanly
Union
Anson
Richmond
21	7	Forsyth
22	7	Alexander
Davidson
Davie
Iredell
23	3	Alleghany
Ashe
Wilkes
Yadkin
24	3	Avery
Madison
Mitchell
Watauga
Yancey
25	7	Burke
Caldwell
Catawba
26	14 	Mecklenburg
27A	5	Gaston
27B	4	Cleveland
Lincoln
28	5	Buncombe
29	5	Henderson
McDowell
Polk
Rutherford
Transylvania
30	4	Cherokee
Clay
Graham
Haywood
Jackson
Macon
Swain."
(b)	Each district court judgeship held on June 12, 1996, in District Court District 20 by a resident of Moore County (Michael Earle Beale and Jayrene Russell Maness) is allocated to District Court District 19B.  The term of each of these judges expires December 7, 1998.  A successor to each judge shall be elected in the 1998 general election.
(c)	Each district court judgeship held on June 12, 1996, in District Court District 20 by a resident of Anson, Richmond, Stanly, or Union County (Ronald W. Burris, Tanya Wallace, Christopher W. Bragg, Susan C. Taylor, and Joseph J. Williams) is allocated to District Court District 20.  The terms of Judges Burris, Wallace, Bragg, and Williams expire December 2, 1996.  A successor to each judge shall be elected in the 1996 general election.  The term of Judge Taylor expires December 7, 1998.  A successor shall be elected in the 1998 general election.
Sec. 3.  (a) 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,	8
Dare, Gates, Pasquotank,
Perquimans
2	Beaufort, Hyde, Martin,	4
Tyrrell, Washington
3A	Pitt	7
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,	8
Vance, Warren
9A	Person, Caswell	2
	10	Wake	20
11	Harnett, Johnston, Lee	10
12	Cumberland	12
13	Bladen, Brunswick, Columbus	6
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	18
19A	Cabarrus	 	4
19B	Montgomery, Moore, Randolph	9
19C	Rowan	4
20	Anson, Richmond,	12
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	24
	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."
(b)	This section adds four additional assistant district attorneys in prosecutorial District 19B which shall be filled by the district attorney of that district.  The General Assembly shall evaluate prior to July 1, 1998, whether the authorized number of assistant district attorneys for District 20 should remain based on case load at 11 or some lower number not less than 9.
Sec. 4. Notwithstanding G.S. 7A-44.1, if any judge who on June 12, 1996, was a senior resident superior court judge ceases to be the senior resident superior court judge for a superior court district as a result of the transfer of a county from one superior court district to another, that judge may nevertheless appoint a judicial secretary to serve that judge's clerical and secretarial needs during that judge's continuation in office, at that judge's pleasure and under that judge's direction.
Sec. 5.  (a)	Sections 1, 3, and 4 of this act become effective January 4, 1997, or the date upon which those sections are approved under section 5 of the Voting Rights Act of 1965, whichever is later.  Section 2 of this act becomes effective January 1, 1997, or the date upon which those sections are approved under section 5 of the Voting Rights Act of 1965, whichever is later.  This section is effective upon ratification.
(b)	The Superior Court election in Superior Court District 20A in the November 1996 general election for the seat of the superior court judge now residing in Anson County is not affected by this act and is conducted as previously provided by law.
(c)	Effective on the occurrence of the first vacant assistant district attorney position in Prosecutorial District 20 after January 1, 1997, the number of assistant district attorneys in that district in G.S. 7A-60(a1) is amended by deleting "12" and substituting "11".
(d)	Effective on the occurrence of the first vacant assistant district attorney position in Prosecutorial District 19B after January 1, 1997, the number of assistant district attorneys in that district in G.S. 7A-60(a1) is amended by deleting "9"and substituting "8".  The Administrative Office of the Courts shall notify the Revisor of Statutes as those vacancies occur.