GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 32*

Short Title:  Transfer Criminal Calendar.	(Public)

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Sponsors: Representatives Michaux; and Adams.

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Referred to:  Judiciary II.

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January 26, 1995

A BILL TO BE ENTITLED
AN ACT TO TRANSFER THE CALENDARING AUTHORITY FOR CRIMINAL CASES IN SUPERIOR COURT TO THE SENIOR RESIDENT SUPERIOR COURT JUDGE AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON CRIMINAL LAW.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-49.3 reads as rewritten:
"§ 7A-49.3.  Calendar for criminal trial sessions.
		(a2)	For purposes of this section, 'to calendar or calendaring' means to select the criminal cases to be tried or otherwise brought before the court for a particular session of court and to publish those cases in a particular order on a trial calendar for that session.
The authority to calendar criminal cases in superior court is vested in the senior resident superior court judge as defined in G.S. 7A-41.1.  The senior resident superior court judge is responsible for the calendaring of all superior court criminal cases, motions, or other proceedings for trial or hearing.  The senior resident superior court judge retains the authority to amend the court calendar prepared under his or her direction until court convenes for the calendared session of court.
Cases on the criminal court calendar shall be called in the order they appear on the calendar; provided, however, that nothing in this section shall be construed to affect the authority of the court in the call of cases.  Any motion to amend the court calendar once a session of court is convened shall be heard by the presiding superior court judge.
The responsibilities for the calendaring of criminal cases in superior court may be delegated by the senior resident superior court judge to a trial court administrator or other person designated by the judge as deemed appropriate by the judge.  However, the responsibilities for the calendaring of criminal cases in superior court may not be delegated to the district attorney, to an assistant district attorney, or to any member of the district attorney's staff.  Calendars shall be published in sufficient time for all parties to a case to have adequate notice.
If the district attorney or the defense attorney disagrees with a calendaring decision made by a trial court administrator or other person designated by the senior resident superior court judge to be responsible for the calendering process regarding a criminal case then the district attorney or the defense attorney may request the senior resident superior court judge to review the calendaring decision and to revise the calendar as appropriate.
The criteria used to determine which cases are to be placed on the calendar for a particular session of criminal court and the order in which those cases are to be called shall ensure that the district attorney and the defense attorney responsible for the case have equal access to the calendaring process.  The criteria used to determine which cases are to be placed on the calendar for a particular session of criminal court and the order in which those cases are to be called shall also ensure that the interests of the State and the defendant are treated equitably and justly with regard to the calendaring process.
(b)	All witnesses shall be subpoenaed to appear on the date listed for the trial of the case in which they are witnesses. 
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Sec. 2.  G.S. 6-53 reads as rewritten:
"§ 6-53.  Witness to prove attendance; action for fees.
(a)	Every person summoned, who shall attend as a witness in any suit, shall, before the clerk of the court, or before the referee or officer taking the testimony, ascertain by his own oath or affirmation the sum due for traveling to and from court, attendance and ferriage, which shall be certified by the clerk; and on failure of the party, at whose instance such witness was summoned (witnesses for the State and municipal corporations excepted), to pay the same previous to the departure of the witness from court, such witness may at any time sue for and recover the same from the party summoning him; and the certificate of the clerk shall be sufficient evidence of the debt.
(b)	All witnesses shall be subpoenaed to appear on the date listed for the trial of the case in which they are witnesses. Witnesses shall not be entitled to prove their attendance for any day or days prior to the day on which the case in which they are witnesses is set for trial, unless otherwise ordered by the presiding judge."
Sec. 3.  G.S. 7A-61 reads as rewritten:
"§ 7A-61.  Duties of district attorney.
Subject to the provisions of G.S. 7A-49.3, the district attorney or the district attorney's designee shall prepare the trial dockets in district court.   The district attorney shall prosecute in the name of the State all criminal actions and infractions requiring prosecution in the superior and district courts of his prosecutorial district, advise the officers of justice in his district, and perform such duties related to appeals to the Appellate Division from his district as the Attorney General may require. Effective January 1, 1971, the district attorney shall also represent the State in juvenile cases in which the juvenile is represented by an attorney. Each district attorney shall devote his full time to the duties of his office and shall not engage in the private practice of law."
Sec. 4.  G.S. 15A-943 reads as rewritten:
"§ 15A-943.  Arraignment in superior court – Required calendaring.
(a)	In counties in which there are regularly scheduled 20 or more weeks of trial sessions of superior court at which criminal cases are heard, and in other counties the Chief Justice designates, arraignments must be calendared in the superior court on at least the first day of every other week in which criminal cases are heard. No cases in which the presence of a jury is required may be calendared for the day or portion of a day during which arraignments are calendared.
(b)	When a defendant pleads not guilty at an arraignment required by subsection (a), he may not be tried without his consent in the week in which he is arraigned.
(c)	Notwithstanding the provisions of subsection (a) of this section, in any county where as many as three simultaneous sessions of superior court, whether criminal, civil, or mixed, are regularly scheduled, arraignments may be calendared in any of the criminal or mixed sessions, at least every other week, upon any day or days of a session, and jury cases may be calendared for trial in any other court at which criminal cases may be heard, upon such days."
Sec. 5.  The North Carolina Supreme Court is requested, pursuant to its rule-making authority, to adopt rules to implement the procedures set out in this act.  The rules shall include the criteria to be used to determine when a case is ready to be tried.  The Administrative Office of the Courts shall work with the North Carolina Supreme Court in implementing the procedures set out in this act and shall report to the General Assembly by January 1, 1996, on any statutory changes needed to implement and conform with the procedures set out in this act and on the additional personnel and funding that is needed to implement those procedures. 
Sec. 6.  The General Assembly is encouraged to make every feasible effort to provide the funding requested by the North Carolina Supreme Court and the Administrative Office of the Courts to implement the procedures set out in this act.  No positions existing in the district attorneys' offices shall be eliminated for the purpose of implementing the procedures set out in this act.
Sec. 7.  The Administrative Office of the Courts shall determine the qualifications of the court personnel, other than the judges, district attorneys, and assistant district attorneys needed to implement the procedures set out by this act.
Sec. 8.  Sections 1, 2, 3, and 4 of this act become effective July 1, 1996; the remainder of this act is effective upon ratification.