HB 405 (Edition 1)

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

H 1

HOUSE BILL 405

Short Title: Reorganize Judicial Districts 30/30A/30B.		(Public)
Sponsors:	Representative Clampitt. For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Judiciary 2, if favorable, Redistricting, if favorable, Rules, Calendar, and Operations of the House

March 29, 2021

A BILL TO BE ENTITLED

AN ACT to divide district court judicial district 30 into districtS 30A and 30B, to realign superior court judicial districts 30A and 30B, and to appropriate funds.

The General Assembly of North Carolina enacts:

SECTION 1.(a) G.S. 7A‑41(a) reads as rewritten:

"(a) The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and for districts of less than a whole county, as set out in subsection (b) of this section:

Superior

Judicial Court No. of Resident

Division District Counties Judges

__________________________________________________________________________

First 1 Camden, Chowan, 2

Currituck,

Dare, Gates,

Pasquotank,

Perquimans

First 2 Beaufort, Hyde, 1

Martin,

Tyrrell, Washington

First 3A Pitt 2

Second 3B Carteret, Craven, 3

Pamlico

Second 4 Duplin, Jones, 2

Onslow, Sampson

Second 5A (part of New Hanover, 1

Pender

see subsection (b)) 5

5B (part of New Hanover, 1

see subsection (b))

5C (part of New Hanover, 1

see subsection (b))

First 6A Halifax 1

First 6B Bertie, Hertford, 1

Northampton

First 7A Nash 1

First 7B (part of Wilson, 1

part of Edgecombe,

see subsection (b))

First 7C (part of Wilson, 1

part of Edgecombe,

see subsection (b))

Second 8A Lenoir and Greene 1

Second 8B Wayne 1

First 9 Franklin, Granville, 2

Person, Vance, Warren

Third 10A (part of Wake, 1

see subsection (b))

Third 10B (part of Wake, 1

see subsection (b))

Third 10C (part of Wake, 1

see subsection (b))

Third 10D (part of Wake, 1

see subsection (b))

Third 10E (part of Wake, 1

see subsection (b))

Third 10F (part of Wake, 1

see subsection (b))

Third 11A Harnett, 1

Lee

Third 11B Johnston 1

Third 12A (part of Cumberland, 1

see subsection (b))

Third 12B (part of Cumberland, 1

see subsection (b))

Third 12C (part of Cumberland, 2

see subsection (b))

Second 13A Bladen, Columbus 1

Second 13B Brunswick 1

First 14A (part of Durham, 1

see subsection (b))

First 14B (part of Durham, 3

see subsection (b))

Third 15A Alamance 2

Fourth 15B Orange, Chatham 2

Third 16A Anson, Richmond, 2

Scotland

Second 16B Robeson 2

Fourth 17A Caswell, Rockingham 2

Fourth 17B Stokes, Surry 1

Fourth 18A (part of Guilford, 1

see subsection (b))

Fourth 18B (part of Guilford, 1

see subsection (b))

Fourth 18C (part of Guilford, 1

see subsection (b))

Fourth 18D (part of Guilford, 1

see subsection (b))

Fourth 18E (part of Guilford, 1

see subsection (b))

Fourth 19A Cabarrus 1

Third 19B Randolph 2

Fourth 19C Rowan 1

Third 19D Hoke, Moore 2

Third 20A Montgomery, Stanly 2

Third 20B Union 2

Fourth 21A (part of Forsyth, 1

see subsection (b))

Fourth 21B (part of Forsyth, 1

see subsection (b))

Fourth 21C (part of Forsyth, 1

see subsection (b))

Fourth 21D (part of Forsyth, 1

see subsection (b))

Fourth 22A Alexander, Iredell 2

Fourth 22B Davidson, Davie 2

Fourth 23 Alleghany, Ashe, 1

Wilkes, Yadkin

Fifth 24 Avery, Madison, 2

Mitchell,

Watauga, Yancey

Fifth 25A Burke, Caldwell 2

Fifth 25B Catawba 2

Fifth 26A (part of Mecklenburg, 1

see subsection (b))

Fifth 26B (part of Mecklenburg, 1

see subsection (b))

Fifth 26C (part of Mecklenburg, 1

see subsection (b))

26D (part of Mecklenburg, 1

see subsection (b))

26E (part of Mecklenburg, 1

see subsection (b))

26F (part of Mecklenburg, 1

see subsection (b))

26G (part of Mecklenburg, 1

see subsection (b))

26H (part of Mecklenburg, 1

see subsection (b))

Fifth 27A Gaston 2

Fifth 27B Cleveland, Lincoln 2

Fifth 28 Buncombe 2

Fifth 29A McDowell, 1

Rutherford

Fifth 29B Henderson, Polk, 1

Transylvania

Fifth 30A Cherokee, Clay, 1

Graham, ~~Macon,~~Macon

~~Swain~~

Fifth 30B Haywood, ~~Jackson~~Jackson, 1.1

Swain."

SECTION 1.(b) Upon realignment of Superior Court Districts 30A and 30B, the existing superior court judicial assistants serving at the pleasure of the senior resident superior court judge shall be reclassified as trial court administrators.

SECTION 2.(a) G.S. 7A‑133(a) reads as rewritten:

"(a) Each district court district shall have the numbers of judges as set forth in the following table:

District Judges County

1 5 Camden

Chowan

Currituck

Dare

Gates

Pasquotank

Perquimans

2 4 Martin

Beaufort

Tyrrell

Hyde

Washington

3A 6 Pitt

3B 6 Craven

Pamlico

Carteret

4 9 Sampson

Duplin

Jones

Onslow

5 9 New Hanover

Pender

6 4 Northampton

Bertie

Hertford

Halifax

7 7 Nash

Edgecombe

Wilson

8 6 Wayne

Greene

Lenoir

9 5 Granville

(part of Vance

see subsection

(b))

Franklin

Person

9B 2 Warren

(part of Vance

see subsection (b))

10A 3 (part of Wake

see subsection (b))

10B 3 (part of Wake

see subsection (b))

10C 3 (part of Wake

see subsection (b))

10D 5 (part of Wake

see subsection (b))

10E 3 (part of Wake

see subsection (b))

10F 3 (part of Wake

see subsection (b))

11 11 Harnett

Johnston

Lee

12 10 Cumberland

13 6 Bladen

Brunswick

Columbus

14 7 Durham

15A 4 Alamance

15B 5 Orange

Chatham

16A 4 Scotland

Anson

Richmond

16B 6 Robeson

17A 4 Caswell

Rockingham

17B 4 Stokes

Surry

18 14 Guilford

19A 6 Cabarrus

19B 5 Randolph

19C 5 Rowan

20A 3 Montgomery

Stanly

(part of Union

see subsection (b))

20B 1 (part of Union

see subsection

(b))

20C 2 (part of Union

see subsection

(b))

20D 2 Union

21 11 Forsyth

22A 6 Alexander

Iredell

22B 6 Davidson

Davie

23 4 Alleghany

Ashe

Wilkes

Yadkin

24 4 Avery

Madison

Mitchell

Watauga

Yancey

25 10 Burke

Caldwell

Catawba

26 21 Mecklenburg

27A 7 Gaston

27B 6 Cleveland

Lincoln

28 7 Buncombe

29A 4 McDowell

Rutherford

29B 4 Henderson

Polk

Transylvania

30 6 ~~Cherokee~~

~~Clay~~

~~Graham~~

~~Haywood~~

~~Jackson~~

~~Macon~~

~~Swain.~~

30A 3 Cherokee

Clay

Graham

Macon

30B 5 Haywood

Jackson

Swain."

SECTION 2.(b) The three district court judgeships established for District 30A by subsection (a) of this section shall be filled by a district court judge from current District 30 who resides in Cherokee, Clay, Graham, or Macon Counties. The term of the one judge living in Clay County elected in the general election in 2020 expires December 31, 2024. The two newly established judges for District 30A are to be appointed by the Governor pursuant to subsection (d) of this section.

SECTION 2.(c) The five 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, Jackson, or Swain Counties. The terms of the two judges living in Haywood County elected in the general election in 2020 expire December 31, 2024. The terms of the three judges living in Haywood County elected in the general election in 2019 expire December 31, 2022.

SECTION 2.(d) The Governor shall appoint pursuant to G.S. 7A‑142 two additional district court judges for District 30A authorized by subsection (b) of this section. The terms of the judges appointed under this subsection expire December 31, 2022, and successors to the appointed judges shall be elected during the general election in 2022 to begin four‑year terms on January 1, 2023.

SECTION 2.(e) Upon division of the District Court District 30 into District Court Districts 30A and 30B, the Administrative Office of the Courts shall do the following:

(1) Assign the two existing district court judicial assistants in Haywood County to serve at the pleasure of the chief district court judge in District Court District 30B.

(2) Hire one new district court judicial assistant to serve at the pleasure of the chief district court judge in District Court District 30A using the funds appropriated in Section 4 of this act.

SECTION 2.(f) Using available funds, the Administrative Office of the Courts shall ensure that District Court District 30A and District Court District 30B shall each have a custody mediator, unless the Administrative Office of the Courts authorizes all or part of a program in one judicial district to be operated in conjunction with that of another district or districts.

SECTION 3. G.S. 7A‑60(a1) reads as rewritten:

"(a1) (Effective January 1, 2021 through December 31, 2022) 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, 12

Dare, Gates, Pasquotank,

Perquimans

2 Beaufort, Hyde, Martin, 8

Tyrrell, Washington

3 Pitt 12

4 Carteret, Craven, Pamlico 13

5 Duplin, Jones, Onslow, 20

Sampson

6 New Hanover, Pender 20

7 Bertie, Halifax, Hertford, 11

Northampton

8 Edgecombe, Nash, Wilson 19

9 Greene, Lenoir, Wayne 15

10 Wake 42

11 Franklin, Granville, Person 15

Vance, Warren

12 Harnett, Lee 12

13 Johnston 11

14 Cumberland 25

15 Bladen, Brunswick, Columbus 15

16 Durham 18

17 Alamance 12

18 Orange, Chatham 10

20 Robeson 13

21 Anson, Richmond, Scotland 9

22 Caswell, Rockingham 9

23 Stokes, Surry 8

24 Guilford 35

25 Cabarrus 10

26 Mecklenburg 58

27 Rowan 9

29 Hoke, Moore 9

28 Montgomery, Stanly 6

30 Union 11

31 Forsyth 27

32 Alexander, Iredell 13

33 Davidson, Davie 12

34 Alleghany, Ashe, Wilkes, 9

Yadkin

35 Avery, Madison, Mitchell, 8

Watauga, Yancey

36 Burke, Caldwell, Catawba 20

37 Randolph 10

38 Gaston 16

39 Cleveland, 13

Lincoln

40 Buncombe 14

41 McDowell, Rutherford 8

42 Henderson, Polk, Transylvania 9

43 Cherokee, Clay, Graham, 1315

Haywood, Jackson, Macon,

Swain.

(a1) (Effective January 1, 2023) 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, 12

Dare, Gates, Pasquotank,

Perquimans

2 Beaufort, Hyde, Martin, 8

Tyrrell, Washington

3 Pitt 12

4 Carteret, Craven, Pamlico 13

5 Duplin, Jones, Onslow, 20

Sampson

6 New Hanover, Pender 20

7 Bertie, Halifax, Hertford, 11

Northampton

8 Edgecombe, Nash, Wilson 19

9 Greene, Lenoir, Wayne 15

10 Wake 42

11 Franklin, Granville, Person 15

Vance, Warren

12 Harnett, Lee 12

13 Johnston 11

14 Cumberland 25

15 Bladen, Brunswick, Columbus 15

16 Durham 18

17 Alamance 12

18 Orange, Chatham 10

20 Robeson 13

21 Anson, Richmond, Scotland 9

22 Caswell, Rockingham 9

23 Stokes, Surry 8

24 Guilford 35

25 Cabarrus 10

26 Mecklenburg 58

27 Rowan 9

29 Hoke, Moore 9

28 Montgomery, Stanly 6

30 Union 11

31 Forsyth 27

32 Alexander, Iredell 13

33 Davidson, Davie 12

34 Alleghany, Ashe, Wilkes, 9

Yadkin

35 Avery, Madison, Mitchell, 8

Watauga, Yancey

36 Burke, Caldwell 10

37 Randolph 10

38 Gaston 16

39 Cleveland, 13

Lincoln

40 Buncombe 14

41 McDowell, Rutherford 8

42 Henderson, Polk, Transylvania 9

43 Cherokee, Clay, Graham, 1315

Haywood, Jackson, Macon,

Swain.

44 Catawba 10"

SECTION 4.(a) There is appropriated to the Administrative Office of the Courts the sum of five hundred fifty‑three thousand nine hundred forty‑six dollars ($553,946) in recurring funds for the 2021‑2022 fiscal year and seven hundred fifty‑nine thousand thirty‑eight dollars ($759,038) in recurring funds for the 2022‑2023 fiscal year to be allocated as follows:

(1) $247,515 in fiscal year 2021‑2022 and $424,310 in fiscal year 2022‑2023 for two district court judge positions.

(2) $39,617 in fiscal year 2021‑2022 and $67,914 in fiscal year 2022‑2023 for one district court judicial assistant position.

(3) $266,814 in each fiscal year of the 2021‑2023 fiscal biennium for two assistant district attorney positions.

SECTION 4.(b) There is appropriated to the Administrative Office of the Courts the sum of thirty thousand nine hundred seventy dollars ($30,970) in nonrecurring funds for the 2021‑2022 fiscal year to be allocated as follows:

(1) $20,030 for the two district court judge positions funded in subsection (a) of this section.

(2) $3,436 for the one district court judicial assistant position funded in subsection (a) of this section.

(3) $7,504 for the two assistant district attorney positions funded in subsection (a) of this section.

SECTION 5. Sections 1 and 2 of this act become effective December 1, 2021, and apply to actions, proceedings, and hearings occurring on or after that date. Sections 3 and 4 of this act become effective July 1, 2021. The remainder of this act is effective when it becomes law.