GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 737

Short Title:  Divide Dist. Ct./Pros. Dist. 30.	(Public)

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Sponsors: Representative Carpenter.

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Referred to:  Judiciary I.

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April 3, 1995

A BILL TO BE ENTITLED
AN ACT TO DIVIDE DISTRICT COURT DISTRICT 30 AND PROSECUTORIAL DISTRICT 30 INTO DISTRICTS 30A AND 30B.
The General Assembly of North Carolina enacts:
Section 1.  (a)	G.S. 7A-133 reads as rewritten:
"§ 7A-133.  Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties.
Each district court district shall have the numbers of judges and each county within the district shall have the numbers of magistrates and additional seats of court, as set forth in the following table:
	Additional
	Magistrates	Seats of
District	Judges	County	 Min.-Max.	Court

	1	3	Camden	1	2
Chowan	2	3
Currituck	1	2
Dare	3	8
Gates	2	3
Pasquotank	3	4
Perquimans	2	3
2	3	Martin	5	8
Beaufort	4	8
Tyrrell	1	3
Hyde	2	4
Washington	3	4
3A	3	Pitt	10	12	Farmville
Ayden
3B	4	Craven	7	10	Havelock
Pamlico	2	3
Carteret	5	8
4	6	Sampson	6	8
Duplin	9	11
Jones	2	3
Onslow	8	14
5	6	New Hanover	6 	11
Pender	4	6
6A	2	Halifax	9	14   	Roanoke
Rapids,
Scotland Neck
6B	3	Northampton	5	6
Bertie	4	5
Hertford	5	6
7	6	Nash	7	10	Rocky Mount
Edgecombe	4	6	Rocky Mount
Wilson	4	6
8	5	Wayne	5	11	Mount Olive
Greene	2	4
Lenoir	4	10	La Grange
9	4	Granville	3	7
Vance	3	5
Warren	3	4
Franklin	3	6
9A	2	Person	3	4
Caswell	2	5
10	12	Wake	12	20	Apex,
Wendell,
      	Fuquay-
Varina,
Wake Forest
11	6	Harnett	7	11	Dunn
Johnston	10	12    	Benson,
	Clayton
and Selma
Lee	4	6
12	6	Cumberland	10	17
13	4	Bladen	4	6
Brunswick	4	7
Columbus	6	8	Tabor City
14	5	Durham	8	12
15A	3	Alamance	7	10	Burlington
15B	3	Orange	4	11	Chapel Hill
Chatham	3	8	Siler City
16A	2	Scotland	3	5
Hoke	4	5
16B	5	Robeson	8	16	Fairmont,
Maxton,
Pembroke,
Red Springs,
Rowland,
St. Pauls
17A	2	Rockingham	4	9	Reidsville,
Eden,
Madison
17B	3	Stokes	2	5
Surry	5	8	Mt. Airy
18	10	Guilford	20	26	High Point
19A	3	Cabarrus	5	9	Kannapolis
19B	3	Montgomery	2	4
Randolph	5	8	Liberty
19C	3	Rowan	5	10
20	5	Stanly	5	6
Union	4	6
Anson	4	5
Richmond	5	6	Hamlet
Moore	5	8	Southern
Pines
21	7	Forsyth	3	15	Kernersville
22	7	Alexander	2	3
Davidson	7	10	Thomasville
Davie	2	3
Iredell	4	9	Mooresville
23	3	Alleghany	1	2
Ashe	3	4
Wilkes	4	6
Yadkin	3	5
24	3	Avery	3	4
Madison	4	5
Mitchell	3	4
Watauga	4	6
Yancey	2	4
25	7	Burke	4	7
Caldwell	4	7
Catawba	6	10	Hickory
26	14	Mecklenburg	15	26
27A	5	Gaston	11	20
27B	4	Cleveland	5	8
Lincoln	4	6
28	5	Buncombe	6	15
29	4	Henderson	4	6
McDowell	3	5
Polk	3	4
Rutherford	6	8
Transylvania	2	4
30A	2	Cherokee	3	4
Clay	1	2
Graham	2	3
					Macon	3	4
Swain	2	3
30B	2	Haywood	5	7	Canton
Jackson	3	4."
(b)	The district court judgeships established for District 30A by subsection (a) of this section shall be filled by the district court judges from current District 30 who reside in Cherokee and Swain Counties.  The term of the judge residing in Cherokee County expires the first Monday in December of 1996.  That judge's successor shall be elected in the 1996 general election.  The term of the judge residing in Swain County expires the Monday in December of 1998.  That judge's successor shall be elected in the 1998 general election.
(c)	The district court judgeships established for District 30B by subsection (a) of this section shall be filled by the district court judges from current District 30 who reside in Haywood County.  The term of one of the the judges residing in Haywood County expires the first Monday in December of 1996.  That judge's successor shall be elected in the 1996 general election.  The term of the other judge residing in Haywood County expires the first Monday in December of  1998.  That judge's successor shall be elected in the 1998 general election.
Sec. 2. (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,	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	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	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
30A	Cherokee, Clay, Graham,	3
Macon,
Swain
30B	Haywood, Jackson	3."
(b)	The district attorney position established for District 30B by subsection (a) of this section shall be filled by the district attorney from current District 30 who resides in Haywood County.  The district attorney position established for District 30A by subsection (a) of this section shall be filled by appointment by the Governor.  That district attorney's term expires on December 31, 1996.  A successor shall be elected in the 1996 general election.
(c)	The three assistant district attorney positions established for District 30A by subsection (a) of this section shall be filled by three assistant district attorneys currently serving Cherokee, Clay, Graham, Macon, and Swain Counties in current District 30.  The three assistant district attorney positions established for District 30B by subsection (a) of this section shall be filled by three assistant district attorneys currently serving Haywood and Jackson Counties in current District 30.
Sec. 3.  There is appropriated from the General Fund to the Judicial Department the sum of two hundred thirty-nine thousand four hundred ninety-nine dollars ($239,499) for the 1995-96 fiscal year and the sum of one hundred eighty-six thousand fifty-one dollars ($186,051) for the 1996-97 fiscal year to implement the provisions of this act.
Sec. 4.  Sections 1, 2, and 3 of this act become effective October 1, 1995, or the date upon which those sections are approved under Section 5 of the Voting Rights Act of 1965, whichever is later.  The remainder of this act becomes effective October 1, 1995.