A BILL TO BE ENTITLED
AN ACT to improve the administration of justice and preserve the quality of the judiciary by improving salaries and establishing an equitable salary structure for judicial officials.
The General Assembly of North Carolina enacts:
SECTION 1.  Subchapter I of Chapter 7A of the General Statutes is amended by adding a new Article to read:
"Article 1C.
"Equitable Salary Structure for Justices and Judges.
"§ 7A‑4.30. Compensation of justices and judges.
(a)	The annual salary of the Chief Justice of the Supreme Court shall be an amount commensurate with the judicial and administrative authorities, duties, and stature of that office taking into consideration comparable judicial salaries in other states, relevant positions in State government and the private sector, and recommendations of the State Judicial Council.
(b)	The annual salary of each other justice and judge of the General Court of Justice shall be set as follows:
(1)	The annual salary of an associate justice of the Supreme Court shall be four percent (4%) below the annual salary of the Chief Justice;
(2)	The annual salary of the Chief Judge of the Court of Appeals shall be five percent (5%) below the annual salary of the Chief Justice;
(3)	The annual salary of each associate judge of the Court of Appeals shall be five percent (5%) below the annual salary of an associate justice of the Supreme Court;
(4)	The annual salary of each senior resident superior court judge shall be five percent (5%) below the annual salary of the Chief Judge of the Court of Appeals;
(5)	The annual salary of each special or regular resident superior court judge shall be five percent (5%) below the annual salary of an associate judge of the Court of Appeals;
(6)	The annual salary of each chief district court judge shall be five percent (5%) below the annual salary of a senior resident superior court judge; and
(7)	The annual salary of each other district court judge shall be five percent (5%) below the annual salary of a superior court judge."
SECTION 2.  G.S. 7A‑10(b) reads as rewritten:
"(b)	The Chief Justice and each of the associate justices shall receive the annual salary provided in Current Operations Appropriations  Act, in an amount as specified in G.S. 7A‑4.30. Each justice is entitled to reimbursement for travel and subsistence expenses at the rate allowed State employees generally."
SECTION 3.  G.S. 7A‑18(a) reads as rewritten:
"(a)	The Chief Judge and each associate judge of the Court of Appeals shall receive the annual salary provided in the Current Operations Appropriations  Act, in an amount as specified in G.S. 7A‑4.30. Each judge is entitled to reimbursement for travel and subsistence expenses at the rate allowed State employees generally."
SECTION 4.  G.S. 7A‑44(a) reads as rewritten:
"(a)	A judge of the superior court, regular or special, shall receive the annual salary set forth in the Current Operations Appropriations Act, in an amount as specified in G.S. 7A‑4.30, and in addition shall be paid the same travel allowance as State employees generally by G.S. 138‑6(a)(1) and (2), provided that no travel allowance be paid for travel within his county of residence. In addition, a judge of the superior court shall be allowed seven thousand dollars ($7,000) per year, payable monthly, in lieu of necessary subsistence expenses while attending court or transacting official business at a place other than in the county of his residence and in lieu of other professional expenses incurred in the discharge of his official duties. The Administrative Officer of the Courts may also reimburse superior court judges, in addition to the above funds for travel and subsistence, for travel and subsistence expenses incurred for professional education."
SECTION 5.  G.S. 7A‑144(a) reads as rewritten:
"(a)	Each judge shall receive the annual salary provided in the Current Operations Appropriations Act, in an amount as specified in G.S. 7A‑4.30, and reimbursement on the same basis as State employees generally, for his necessary travel and subsistence expenses."
SECTION 6.  Section 28.4 of S.L. 2007‑323 reads as rewritten:
"SECTION 28.4.(a)  The annual salaries, payable monthly, for specified judicial branch officials for the 2007‑2008  fiscal year are:

	Judicial Branch Officials	Annual Salary
	Chief Justice, Supreme Court	$	137,160
	Associate Justice, Supreme Court	133,576
	Chief Judge, Court of Appeals	130,236
	Judge, Court of Appeals	128,011
	Judge, Senior Regular Resident Superior Court	124,532
	Judge, Superior Court	121,053
	Chief Judge, District Court	109,923
	Judge, District Court	106,445
	District Attorney	116,112
	Administrative Officer of the Courts	123,346
	Assistant Administrative Officer of the Courts	112,665
	Public Defender	116,112

The annual salaries, payable monthly, for specified judicial branch officials for the 2008‑2009 fiscal year are:

	Judicial Branch Officials	Annual Salary
	Chief Justice, Supreme Court	$	150,000
	Associate Justice, Supreme Court	144,000
	Chief Judge, Court of Appeals	142,500
	Judge, Court of Appeals	136,800
	Judge, Senior Regular Resident Superior Court	135,375
	Judge, Superior Court	129,960
	Chief Judge, District Court	128,606
	Judge, District Court	123,462
	District Attorney	131,991
	Administrative Officer of the Courts	135,375
	Assistant Administrative Officer of the Courts	123,191
	Public Defender	131,991"
SECTION 7.  G.S. 7A‑65(a) reads as rewritten:
"(a)	The annual salary of:
(1)	District attorneys shall be  the midpoint amount between the salary of a senior resident superior court judge and the salary of a chief district court judge, as provided by law.(2)	Full‑time assistant district attorneys shall be  set by the district attorney of each district, with the approval of the Administrative Office of the Courts, such that the average of the salaries of all assistant district attorneys in the district do not exceed sixty percent (60%) of the salary of a district attorney, and the minimum salary of any assistant district attorney is at least thirty percent (30%) of the salary of the district attorney.
When traveling on official business, each district attorney and assistant district attorney is entitled to reimbursement for his subsistence and travel expenses to the same extent as State employees generally."
SECTION 8.  G.S. 7A‑498.7 is amended by adding a new subsection to read:
"(b1)	The annual salary of public defenders shall be the midpoint amount between the salary of a senior resident superior court judge and the salary of a chief district court judge, as provided by law."
SECTION 9.  G.S. 7A‑398.7(f) reads as rewritten:
"(f)	Each public defender is entitled to assistant public defenders, investigators, and other staff, full‑time or part‑time, as may be authorized by the Commission. Assistants, investigators, and other staff are appointed by the public defender and serve at the pleasure of the public defender. The  salaries of assistants shall be set by the public defender in charge of the office, subject to approval by the Commission, such that the average salaries of all assistant public defenders in the office do not exceed sixty percent (60%) of the salary of a public defender, and the minimum salary of any assistant public defender is at least thirty percent (30%) of the salary of the public defender. The Commission shall fix the compensation of investigators. Assistants and investigators shall perform such duties as may be assigned by the public defender."
SECTION 10.  Section 28.4(b) of S.L. 2007‑323 is repealed.
SECTION 11.  G.S. 7A‑101(a) reads as rewritten:
"(a)	The clerk of superior court is a full‑time employee of the State and shall receive an annual salary, payable in equal monthly installments, based on the population of the county as determined in subsection (a1) of this section, according to the following  schedule, in which the annual salary of the clerk shall be the following percentage of the salary of a chief district court judge:
Population                                            Percentage
Less than 100,000                                             73%100,000 to 149,999                                                82%
150,000 to 249,999                                                91%
250,000 and above                                           100%
When a county changes from one population group to another, the salary of the clerk shall be changed, on July 1 of the fiscal year for which the change is reported, to the salary appropriate for the new population group, except that the salary of an incumbent clerk shall not be decreased by any change in population group during his continuance in office."
SECTION 12.  G.S. 7A‑171.1(a) reads as rewritten:
"(a)	The Administrative Officer of the Courts, after consultation with the chief district judge and pursuant to the following provisions, shall set an annual salary for each magistrate.
(1)	A full‑time magistrate shall be paid the annual salary indicated in the table set out in this subdivision. The annual salaries for full‑time magistrates shall be the percentages of the salary of a district court judge indicated in the table in this subdivision. A full‑time magistrate is a magistrate who is assigned to work an average of not less than 40 hours a week during the term of office. The Administrative Officer of the Courts shall designate whether a magistrate is full‑time. Initial appointment shall be at the entry rate. A magistrate's salary shall increase to the next step every two years on the anniversary of the date the magistrate was originally appointed for increases to Steps 1 through 3,  every four years on the anniversary of the date the magistrate was originally appointed for increases to  Steps 3 through 6, and after five years on the anniversary of the date the magistrate was originally appointed for an increase from Step 6 to Step 7.
Table of Salaries of Full‑Time Magistrates
Step Level 	Percentage
Entry Rate                            33%
Step 1                                    35%
Step 2                                     37%
Step 3                                     41%
Step 4                                     45%
Step 5                                    49%
Step 6                                   53%
Step 7                                                58%
(2)	A part‑time magistrate is a magistrate who is assigned to work an average of less than 40 hours of work a week during the term, except that no magistrate shall be assigned an average of less than 10 hours of work a week during the term. A part‑time magistrate is included, in accordance with G.S. 7A‑170, under the provisions of G.S. 135‑1(10) and G.S. 135‑40.2(a). The Administrative Officer of the Courts designates whether a magistrate is a part‑time magistrate. A part‑time magistrate shall receive an annual salary based on the following formula: The average number of hours a week that a part‑time magistrate is assigned work during the term shall be multiplied by the annual salary payable to a full‑time magistrate who has the same number of years of service prior to the beginning of that term as does the part‑time magistrate and the product of that multiplication shall be divided by the number 40. The quotient shall be the annual salary payable to that part‑time magistrate.
(3)	Notwithstanding any other provision of this subsection, a magistrate who is licensed to practice law in North Carolina or any other state shall receive the annual salary provided in the Table in subdivision (1) of this subsection for  Step 3."
SECTION 13.  There is appropriated from the General Fund to the Judicial Department the amount of twenty‑nine million four hundred thousand four hundred forty‑five dollars ($29,400,445) for the 2008‑2009 fiscal year to implement the provision of this act.
SECTION 14.  This act becomes effective July 1, 2008.