AN ACT to provide certain magistrates with the authority to provide for the appointment of counsel to indigent persons when authorized by the chief district judge.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 7A‑292 reads as rewritten:
"§ 7A‑292.  Additional powers of magistrates.
In addition to the jurisdiction and powers assigned in this Chapter to the magistrate in civil and criminal actions, each magistrate has the following additional powers:
(1)	To administer oaths.
(2)	To punish for direct criminal contempt subject to the limitations contained in Chapter 5A of the General Statutes of North Carolina.
(3)	When authorized by the chief district judge, to take depositions and examinations before trial.
(4)	To issue subpoenas and capiases valid throughout the county.
(5)	To take affidavits for the verification of pleadings.
(6)	To issue writs of habeas corpus ad testificandum, as provided in G.S. 17‑41.
(7)	To assign a year's allowance to the surviving spouse and a child's allowance to the children as provided in Chapter 30, Article 4, of the General Statutes.
(8)	To take acknowledgments of instruments, as provided in G.S. 47‑1.
(9)	To perform the marriage ceremony, as provided in G.S. 51‑1.
(10)	To take acknowledgment of a written contract or separation agreement between husband and wife.
(11)	Repealed by Session Laws 1973, c. 503, s. 9.
(12)	To assess contribution for damages or for work done on a dam, canal, or ditch, as provided in G.S. 156‑15.
(13)	Repealed by Session Laws 1973, c. 503, s. 9.
(14)	To accept the filing of complaints and to issue summons pursuant to Article 4 of Chapter 42A of the General Statutes in expedited eviction proceedings when the office of the clerk of superior court is closed.
(15)	When authorized by the chief district judge, as permitted in G.S. 7A‑146(11), to provide for appointment of counsel pursuant to Article 36 of this Chapter."
SECTION 2.  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.
(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.
(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.
(11)	Designating certain magistrates to appoint counsel pursuant to Article 36 of this Chapter. This designation may only be given to magistrates who are duly licensed attorneys and does not give any magistrate the authority to: (i) appoint counsel for potentially capital offenses, as defined by rules adopted by the Office of Indigent Defense Services; or (ii) accept a waiver of counsel."
SECTION 3.  This act becomes effective July 1, 2009.
In the General Assembly read three times and ratified this the 28th day of July, 2009.

	s/	 Walter H. Dalton
	 President of the Senate

	s/	 Joe Hackney
	 Speaker of the House of Representatives

	s/	 Beverly E. Perdue
	 Governor

Approved 2:28 p.m. this 5th day of August, 2009