Bill Text: NC H126 | 2017-2018 | Regular Session | Amended
Bill Title: Conduct and Discipline for Magistrates
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Introduced - Dead) 2017-03-01 - Re-ref Com On Rules, Calendar, and Operations of the House [H126 Detail]
Download: North_Carolina-2017-H126-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 2
HOUSE BILL 126
Committee Substitute Favorable 3/1/17
Short Title: Conduct and Discipline for Magistrates. |
(Public) |
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Sponsors: |
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Referred to: |
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February 20, 2017
A BILL TO BE ENTITLED
AN ACT to direct the administrative office of the courts to develop a code of conduct for all magistrates; to give authority for chief district court judges to DISCIPLINE magistrates; to allow for magistrates to be assigned to temporary duty in another county; and to require chief district court judges of each county to appoint a chief magistrate, as recommended by the north carolina courts commission.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Code of Conduct. – The Administrative Office of the Courts shall develop a Code of Conduct for all magistrates. The purpose of the Code of Conduct is to create uniformity among all districts. The Code of Conduct shall provide guidance to magistrates regarding (i) standards of professional conduct and timeliness, (ii) required duties and responsibilities, (iii) methods for ethical decision making, and (iv) any other information that is deemed relevant by the Administrative Office of the Courts.
SECTION 1.(b) Time Frame. – The Administrative Office of the Courts shall establish the Code of Conduct for magistrates required by subsection (a) of this section by July 1, 2018.
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, or the judge may appoint a chief magistrate to fulfill delegate
some or all of the duties under subdivision (12) of this section, section
to the chief magistrate, 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 pursuant to the policies and procedures prescribed under
G.S. 7A‑343(11); 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 pursuant to the policies and procedures prescribed under G.S. 7A‑343(11).
(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 and accept waivers of counsel pursuant to Article 36 of this Chapter. This designation does not give any magistrate the authority to appoint counsel or accept waivers of counsel for potentially capital offenses, as defined by rules adopted by the Office of Indigent Defense Services.
(12) Designating a full‑time
magistrate in a each county to serve as chief magistrate for that
county for an indefinite term and at the judge's pleasure. The chief magistrate
shall have the derivative administrative authority assigned by the chief
district court judge under subdivision (4) of this section. This subdivision
applies only to counties in which the chief district court judge determines
that designating a chief magistrate would be in the interest of justice.
(13) Investigating complaints against magistrates. Upon investigation and written findings of misconduct, a chief district court judge may issue a letter of caution, a written reprimand, or suspend a magistrate without pay for no longer than 10 days within one pay period."
SECTION 3. G.S. 7A‑173 reads as rewritten:
"§ 7A‑173. Suspension;
Suspension pending removal; removal; reinstatement.
(a) A magistrate may be
suspended from performing the duties of his office the magistrate's
office pending removal from office by the chief district judge of the
district court district in which his the magistrate's county is
located, or removed from office by the senior regular resident superior court
judge of, or any regular superior court judge holding court in, the district or
set of districts as defined in G.S. 7A‑41.1(a) in which the county
is located. Grounds for suspension pending removal or removal are the
same as for a judge of the General Court of Justice.
(b) Suspension from
performing the duties of the office may be ordered upon filing of sworn written
charges in the office of clerk of superior court for the county in which the
magistrate resides. If the chief district judge, upon examination of the sworn
charges, finds that the charges, if true, constitute grounds for removal, he
may enter an order suspending the magistrate from performing the duties of his
the magistrate's office until a final determination of the charges
on the merits. During suspension pending removal, the salary of the
magistrate continues.
(c) If a hearing, with or
without suspension, is ordered, the magistrate against whom the charges have
been made shall be given immediate written notice of the proceedings and a true
copy of the charges, and the matter shall be set by the chief district judge for
hearing before the senior regular resident superior court judge or a regular
superior court judge holding court in the district or set of districts as
defined in G.S. 7A‑41.1(a) in which the county is located. The
hearing shall be held in a county within the district or set of districts not
less than 10 days nor more than 30 days after the magistrate has received a
copy of the charges. The hearing shall be open to the public. All testimony
offered shall be recorded. At the hearing the superior court judge shall
receive evidence, and make findings of fact and conclusions of law. If he the
judge finds that grounds for removal exist, he the judge shall
enter an order permanently removing the magistrate from office, and terminating
his the magistrate's salary. If he the judge finds
that no such grounds exist, he the judge shall terminate the
suspension, if any.
(d) A magistrate may appeal
from an order of removal to the Court of Appeals on the basis of error of law
by the superior court judge. Pending decision of the case on appeal, the
magistrate shall not perform any of the duties of his office. If, upon final
determination, he the magistrate is ordered reinstated, either by
the appellate division or by the superior court on remand, his the
magistrate's salary shall be restored from the date of the original order
of removal.
(e) This section shall only apply to suspensions pending removal from office and does not apply to disciplinary suspension pursuant to G.S. 7A‑146."
SECTION 4. G.S. 7A‑171 reads as rewritten:
"§ 7A‑171. Numbers; appointment and terms; vacancies.
...
(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 on
the first day of February of the odd‑numbered even‑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 January
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 two (or more, if requested by the judge)
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 January
31 of that year. Not later than the fourth Monday in December, January,
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 February
1 of an odd‑numbered year, even‑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 two (or
more, if so requested by the judge) 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 January 31 of
the even‑numbered year, and thereafter the position shall be filled as
provided in subsection (b) of this section."
SECTION 5. Section 3 of this act becomes effective December 1, 2017, and applies to all current and future magistrates. Section 4 of this act becomes effective December 1, 2017, and applies to all magistrates appointed to office on or after January of 2018; currently appointed magistrates will finish their term as set at their appointment. The remainder of this act is effective when it becomes law.