A BILL TO BE ENTITLED
AN ACT to abolish the courts commission and provide that the joint legislative oversight committee on justice and public safety shall provide oversight of the courts, to provide that vacancies in the office of district court judge shall be filled by appointment of the governor, and to provide for the best and most efficient use of district court resources by ensuring that magistrates are used fully for traffic court and other matters to which they may be assigned so that district court judges are available for specialized cases and other matters more suited to the expertise of a district court judge.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Article 40A of Chapter 7A of the General Statutes is repealed.
SECTION 1.(b)  G.S. 120‑70.94 reads as rewritten:
"§ 120‑70.94.  Purpose and powers of Committee.
(a)	The Joint Legislative Oversight Committee on Justice and Public Safety shall examine, on a continuing basis, the correctional, law enforcement, and juvenile justice systems in North Carolina, in order to make ongoing recommendations to the General Assembly on ways to improve those systems and to assist those systems in realizing their objectives of protecting the public and of punishing and rehabilitating offenders. In this examination, the Committee shall:
(1)	Study the budget, programs, and policies of the Department of Public Safety and the Judicial Department to determine ways in which the General Assembly may improve the effectiveness of those departments.…
(11a)	Study the needs of the Judicial Department as well as the structure, organization, jurisdiction, procedures, and personnel of the courts to determine ways in which the General Assembly can make legislative changes designed to assist the courts in improving the administration of justice.
…."
SECTION 2.  G.S. 7A‑142 reads as rewritten:
"§ 7A‑142.  Vacancies in office.
A vacancy in the office of district judge shall be filled for the unexpired term by appointment of the Governor."
SECTION 3.  G.S. 7A‑146 reads as rewritten:
"§ 7A‑146.  Administrative authority and duties of chief district judge; efficient use of court resources.
(a)	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.
(b)	In exercising the authority granted under subsection (a) of this section, the chief district court judge shall ensure the best and most efficient use of court resources by making the fullest use of magistrates for traffic court and for administrative and other matters to which magistrates may be assigned under this Chapter, so that district court judges are available for specialized cases and other matters more suited to the expertise of a district court judge."
SECTION 4.  Section 1 of this act becomes effective July 1, 2013. Section 3 of this act becomes effective July 1, 2013, and applies to cases assigned on or after that date. The remainder of this act is effective when it becomes law and applies to vacancies occurring on or after that date.