A BILL TO BE ENTITLED
AN ACT to establish the position of chief magistrate and to revise the process for submission of nominees for magistrate positions by the clerk of superior court.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7A‑132 reads as rewritten:
"§ 7A‑132.  Judges, district attorneys, full‑time assistant district attorneys and magistrates for district court districts.
Each district court district shall have one or more judges and one district attorney. Each county within each district shall have at least one magistrate. The chief district court judge may designate a full‑time magistrate in a county as chief magistrate to carry out such administrative duties with respect to other magistrates in that county as the chief district court judge may delegate.
For each district the General Assembly shall prescribe the numbers of district judges, and the numbers of full‑time assistant district attorneys. For each county within each district the General Assembly shall prescribe a minimum number of magistrates."
SECTION 2.  G.S. 7A‑171 reads as rewritten:
"§ 7A‑171.  Numbers; appointment and terms; vacancies.
(a)	The General Assembly shall establish a minimum quota of magistrates for each county. In no county shall the minimum quota be less than one. The number of magistrates in a county,  above the minimum quota set by the General Assembly, is determined by the Administrative Office of the Courts after consultation with the chief district court judge for the district in which the county is located.
(a1)	The initial term of appointment for a magistrate is two years and subsequent terms shall be for a period of four years. The term of office begins on the first day of January of the odd‑numbered year after appointment. The service of an individual as a magistrate filling a vacancy as provided in subsection (d) of this section does not constitute an initial term. For purposes of this section, any term of office for a magistrate who has served a two‑year term is for four years even if the two‑year term of appointment was before the effective date of this section, the term is after a break in service, or the term is for appointment in a different county from the county where the two‑year term of office was served.
(b)	Not earlier than the Tuesday after the first Monday nor later than the third Monday in December of each even‑numbered year, the clerk of the superior court shall submit to the senior regular resident superior court judge of the district or set of districts as defined in G.S. 7A‑41.1(a) in which the clerk's county is located the names of  three or more nominees for each magisterial office for the county for which the term of office of the magistrate holding that position shall expire on December 31 of that year. Not later than the fourth Monday in December, the senior regular resident superior court judge shall, from the nominations submitted by the clerk of the superior court, appoint magistrates to fill the positions for each county of the judge's district or set of districts.
(c)	If an additional magisterial office for a county is approved to commence on January 1 of an odd‑numbered year, the new position shall be filled as provided in subsection (b) of this section. If the additional position takes effect at any other time, it is to be filled as provided in subsection (d) of this section.
(d)	Within 30 days after a vacancy in the office of magistrate occurs the clerk of superior court shall submit to the senior regular resident superior court judge the names of  three or more nominees for the office vacated. Within 15 days after receipt of the nominations the senior regular resident superior court judge shall appoint from the nominations received a magistrate who shall take office immediately and shall serve until December 31 of the even‑numbered year, and thereafter the position shall be filled as provided in subsection (b) of this section."
SECTION 3.  G.S. 7A‑146 reads as rewritten:
"§ 7A‑146.  Administrative authority and duties of chief district judge.
The chief district judge, subject to the general supervision of the Chief Justice of the Supreme Court, has administrative supervision and authority over the operation of the district courts and magistrates in his district. These powers and duties include, but are not limited to, the following:
(1)	Arranging schedules and assigning district judges for sessions of district courts;
(2)	Arranging or supervising the calendaring of noncriminal matters for trial or hearing;
(3)	Supervising the clerk of superior court in the discharge of the clerical functions of the district court;
(4)	Assigning matters to magistrates, and consistent with the salaries set by the Administrative Officer of the Courts, prescribing times and places at which magistrates shall be available for the performance of their duties; however, the chief district judge may in writing delegate his authority to prescribe times and places at which magistrates in a particular county shall be available for the performance of their duties to another district court judge or the clerk of the superior court, and the person to whom such authority is delegated shall make monthly reports to the chief district judge of the times and places actually served by each magistrate; 
(4a)	Designating or changing the designation of a chief magistrate, pursuant to G.S. 7A‑132;(5)	Making arrangements with proper authorities for the drawing of civil court jury panels and determining which sessions of district court shall be jury sessions;
(6)	Arranging for the reporting of civil cases by court reporters or other authorized means;
(7)	Arranging sessions, to the extent practicable for the trial of specialized cases, including traffic, domestic relations, and other types of cases, and assigning district judges to preside over these sessions so as to permit maximum practicable specialization by individual judges;
(8)	Repealed by Session Laws 1991 (Regular Session, 1992), c. 900, s. 118(b), effective July 15, 1992.
(9)	Assigning magistrates during an emergency to temporary duty outside the county of their residence but within that district; and, upon the request of a chief district judge of an adjoining district and upon the approval of the Administrative Officer of the Courts, to temporary duty in the district of the requesting chief district judge; and
(10)	Designating another district judge of his district as acting chief district judge, to act during the absence or disability of the chief district judge."
SECTION 3.  G.S. 7A‑171.1(a) is amended by adding a new subsection to read:
"(c)	Subject to approval of the Administrative Office of the Courts, a magistrate designated as chief magistrate under G.S. 7A‑132 may receive an increase in base salary recommended by the chief district court judge of up to five percent (5%) of the base salary to which the magistrate would otherwise be entitled under this section."
SECTION 3.  There is appropriated from the General Fund to the Judicial Department the sum of two hundred thirty‑four thousand two hundred dollars ($234,200) for the 2008‑2009 fiscal year to upgrade 100 regular magistrates to chief magistrate.
SECTION 4.  This act becomes effective July 1, 2008.