AN ACT to modify various provisions affecting our state court system and to appropriate funds.

The General Assembly of North Carolina enacts:

 

MAGISTRATES ACCEPT AUTHORIZED DOMESTIC VIOLENCE EX PARTE ORDERS AND ISSUE SUMMONS WHEN CLERK'S OFFICE IS CLOSED

SECTION 1.(a)  G.S. 50B‑2(c1) reads as rewritten:

(c1)    Ex Parte Orders by Authorized Magistrate. – The chief district court judge may authorize a magistrate or magistrates to hear any motions for emergency relief ex parte. Prior to the hearing, if the magistrate determines that at the time the party is seeking emergency relief ex parte the district court is not in session and a district court judge is not and will not be available to hear the motion for a period of four or more hours, the motion may be heard by the magistrate. When the office of the clerk is closed and a magistrate has been authorized under this section to hear a motion for emergency relief ex parte, an authorized magistrate shall accept for filing a complaint alleging domestic violence and motion for emergency relief ex parte, note thereon the filing date, and the magistrate shall issue a summons. Any endorsement or alias and pluries summons pursuant to G.S. 1A‑1, Rule 4(d) shall be issued by the clerk, assistant clerk, or deputy clerk of the court in the county in which the action is commenced. Any complaint and motion for emergency relief ex parte and any other documents accepted for filing under this section and any order entered by the magistrate shall be delivered to the clerk's office for processing as soon as that office is open for business. If it clearly appears to the magistrate from specific facts shown that there is a danger of acts of domestic violence against the aggrieved party or a minor child, the magistrate may enter orders as it deems necessary to protect the aggrieved party or minor children from those acts, except that a temporary order for custody ex parte and prior to service of process and notice shall not be entered unless the magistrate finds that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse. If the magistrate finds that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse, upon request of the aggrieved party, the magistrate shall consider and may order the other party to stay away from a minor child, or to return a minor child to, or not remove a minor child from, the physical care of a parent or person in loco parentis, if the magistrate finds that the order is in the best interest of the minor child and is necessary for the safety of the minor child. If the magistrate determines that it is in the best interest of the minor child for the other party to have contact with the minor child or children, the magistrate shall issue an order designed to protect the safety and well‑being of the minor child and the aggrieved party. The order shall specify the terms of contact between the other party and the minor child and may include a specific schedule of time and location of exchange of the minor child, supervision by a third party or supervised visitation center, and any other conditions that will ensure both the well‑being of the minor child and the aggrieved party. An ex parte order entered under this subsection shall expire and the magistrate shall schedule an ex parte hearing before a district court judge by the end of the next day on which the district court is in session in the county in which the action was filed. Ex parte orders entered by the district court judge pursuant to this subsection shall be entered and scheduled in accordance with subsection (c) of this section.

SECTION 1.(b)  G.S. 50C‑6(d) reads as rewritten:

(d)      When the court is not in session, the complainant may file for a temporary order before any judge or magistrate designated to grant relief under this Chapter. If the judge or magistrate finds that there is an immediate and present danger of harm to the victim and that the requirements of subsection (a) of this section have been met, the judge or magistrate may issue a temporary civil no‑contact order. The chief district court judge may designate for each county at least one judge or magistrate to be reasonably available to issue temporary civil no‑contact orders when the court is not in session. When the office of the clerk is closed and a magistrate has been authorized under this section to grant relief, an authorized magistrate shall accept for filing a complaint for a civil no‑contact order and motion for temporary civil no‑contact order, note thereon the filing date, and the magistrate shall issue a summons. Any endorsement or alias and pluries summons pursuant to G.S. 1A‑1, Rule 4(d) shall be issued by the clerk, assistant clerk, or deputy clerk of the court in the county in which the action is commenced. Any complaint and motion for temporary civil no‑contact order and any other documents accepted for filing under this section and any order entered by the magistrate shall be delivered to the clerk's office for processing as soon as that office is open for business.

SECTION 1.(c)  This section becomes effective December 1, 2022.

 

MAGISTRATE RESIDENCY

SECTION 2.(a)  G.S. 7A‑171.2(a) reads as rewritten:

(a)      In order to be eligible for nomination or for renomination as a magistrate an individual shall be a resident of the county or a contiguously bordering county of North Carolina for which he the magistrate is appointed.

SECTION 2.(b)  G.S. 7A‑211 reads as rewritten:

§ 7A‑211.  Small claim actions assignable to magistrates.

In the interest of speedy and convenient determination, the chief district judge may, in his or her discretion, by specific order or general rule, assign to any magistrate of his the district any small claim action pending in his the district if the defendant is a resident of the county in which the magistrate resides. was appointed. If there is more than one defendant, at least one of them must be a bona fide resident of the county in which the magistrate resides.was appointed.

SECTION 2.(c)  G.S. 7A‑211.1 reads as rewritten:

§ 7A‑211.1.  Actions to enforce motor vehicle mechanic and storage liens.

Notwithstanding the provisions of G.S. 7A‑210(2) and 7A‑211, G.S. 7A-211, the chief district judge may in his or her discretion, by specific order or general rule, assign to any magistrate of his the district actions to enforce motor vehicle mechanic and storage liens arising under G.S. 44A‑2(d) or 20‑77(d) G.S. 20-77(d) when the claim arose in the county in which the magistrate resides. was appointed. The defendant may be subjected to the jurisdiction of the court over his or her person by the methods provided in G.S. 7A‑217 or 1A‑1, Rules 4(j) and 4(j1), Rules of Civil Procedure.

SECTION 2.(d)  This section becomes effective October 1, 2022.

 

MAGISTRATE DISCIPLINE IN ACCORDANCE WITH RULES OF CONDUCT

SECTION 3.(a)  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 or her district. These powers and duties include, but are not limited to, the following:

…

(13)      Investigating written complaints against magistrates. Upon investigation and written findings of misconduct, a chief district court judge may discipline a magistrate in accordance with the Rules of Conduct for Magistrates. Written complaints received by the chief district court judge and records of investigations into those complaints are to be treated as personnel records under Article 7 of Chapter 126 of the General Statutes. Upon issuance of a letter of caution, written reprimand, or suspension by the chief district court judge, the written complaint and the record of the chief district court judge's action on that complaint, including investigatory records, are no longer confidential personnel records.

SECTION 3.(b)  This section becomes effective October 1, 2022.

 

APPOINTMENT OF VICE‑CHAIR TO JUDICIAL STANDARDS COMMISSION

SECTION 4.(a)  G.S. 7A‑375, as amended by Section 5 of S.L. 2021‑47, reads as rewritten:

§ 7A‑375.  Judicial Standards Commission.

(a)        Composition. – The Judicial Standards Commission shall consist of the following residents of North Carolina: one two Court of Appeals judge, judges, two superior court judges, and two district court judges, each appointed by the Chief Justice of the Supreme Court; four members of the State Bar who have actively practiced in the courts of the State for at least 10 years, elected by the State Bar Council; and four citizens who are not judges, active or retired, nor members of the State Bar, two appointed by the Governor, and two appointed by the General Assembly in accordance with G.S. 120‑121, one upon recommendation of the President Pro Tempore of the Senate and one upon recommendation of the Speaker of the House of Representatives. The General Assembly shall also appoint alternate Commission members for the Commission members the General Assembly has appointed to serve in the event of scheduling conflicts, conflicts of interest, disability, or other disqualification arising in a particular case. The alternate members shall have the same qualifications for appointment as the original members.

(a1)      Terms. – The Court of Appeals judge judges shall act as chair be designated by the Chief Justice as chair and vice‑chair of the Commission and shall serve at the pleasure of the Chief Justice. Terms of other Commission members shall be for six years. No member who has served a full six‑year term is eligible for reappointment. Members who are not judges are entitled to per diem, and all members are entitled to reimbursement for travel and subsistence expenses at the rate applicable to members of State boards and commissions generally for each day engaged in official business.

….

SECTION 4.(b)  This section is effective when it becomes law.

 

MEDICAL MALPRACTICE JUDICIAL ASSIGNMENT

SECTION 5.(a)  G.S. 7A‑47.3(e), as enacted by Section 1(b) of S.L. 2021‑47, reads as rewritten:

(e)      The senior resident superior court judge, in consultation with the parties to the case, shall designate a specific resident judge or a specific judge assigned to hold court in the district to preside over all proceedings that occur 150 days after the case was filed in a case cases subject to G.S. 90‑21.11(2).

SECTION 5.(b)  This section becomes effective July 1, 2022, and applies to actions filed on or after that date.

 

REPEAL ANNUAL LEGISLATIVE REPORTS ON THIRD‑PARTY ELECTRONIC RECORDS ACCESS AND LOCAL GOVERNMENT CONTRACTS

SECTION 6.(a)  G.S. 7A‑109(e) is repealed.

SECTION 6.(b)  G.S. 7A‑346.2(a) is repealed.

SECTION 6.(c)  This section is effective when it becomes law.

 

CLARIFY JURY EXCUSE DEFERRALS

SECTION 7.(a)  G.S. 9‑6(b) reads as rewritten:

(b)      Pursuant to the foregoing policy, each chief district court judge shall promulgate procedures whereby he the chief district court judge or any district court judge of his or her district court district designated by him, the chief district court judge, prior to the date that a jury session (or sessions) of superior or district court convenes, shall receive, hear, and pass on applications for excuses from jury duty. The procedures shall provide for the time and place, publicly announced, at which applications for excuses will be heard, and prospective jurors who have been summoned for service shall be so informed. In counties located in a district or set of districts as defined in G.S. 7A‑41.1(a) which have a trial court administrator, the The chief district judge may assign the duty of passing on applications for excuses from jury service to the administrator. judicial support staff. In all cases concerning excuses, the clerk of court or the trial court administrator judicial support staff shall notify prospective jurors of the disposition of their excuses.

SECTION 7.(b)  G.S. 9‑6.1 reads as rewritten:

§ 9‑6.1.  Requests to be excused.

(a)        Any person summoned as a juror who is a full‑time student and who wishes to be excused pursuant to G.S. 9‑6.1(b1) [G.S. 9‑6(b1)] G.S. 9‑6(b1) or who is 72 years or older and who wishes to be excused, deferred, or exempted, may make the request without appearing in person by filing a signed statement of the ground of the request with the chief district court judge of that district, or the district court judge or trial court administrator judicial support staff member designated by the chief district court judge pursuant to G.S. 9‑6(b), at any time five business days before the date upon which the person is summoned to appear.

(b)        Any person summoned as a juror who has a disability that could interfere with the person's ability to serve as a juror and who wishes to be excused, deferred, or exempted may make the request without appearing in person by filing a signed statement of the ground of the request, including a brief explanation of the disability that interferes with the person's ability to serve as a juror, with the chief district court judge of that district, or the district court judge or trial court administrator judicial support staff member designated by the chief district court judge pursuant to G.S. 9‑6(b), at any time five business days before the date upon which the person is summoned to appear. Upon request of the court, medical documentation of any disability may be submitted. Any privileged medical information or protected health information described in this section shall be confidential and shall be exempt from the provisions of Chapter 132 of the General Statutes or any other provision requiring information and records held by State agencies to be made public or accessible to the public.

(c)        A person may request either a temporary or permanent exemption under this section, and the judge or trial court administrator judicial support staff member may accept or reject either in the exercise of discretion conferred by G.S. 9‑6(b), including the substitution of a temporary exemption for a requested permanent exemption. In the case of supplemental jurors summoned under G.S. 9‑11, notice may be given when summoned. In case the chief district court judge, or the judge or trial court administrator judicial support staff member designated by the chief district court judge pursuant to G.S. 9‑6(b), rejects the request for exemption, the prospective juror shall be immediately notified by the trial court administrator judicial support staff member or the clerk of court by telephone, letter, or personally.

SECTION 7.(c)  G.S. 9‑7.1 reads as rewritten:

§ 9‑7.1.  Trial court administrator Judicial support staff may assist clerk with performance of duties.

(a)        Upon the request of the clerk of superior court and with the agreement of the clerk of superior court and the senior resident superior court judge, the duties and responsibilities of the clerk of superior court under this Article may be assigned to the trial court administrator pursuant to G.S. 7A‑356.judicial support staff.

(b)        For purposes of this Article, judicial support staff shall mean employees of the Judicial Branch who provide case management and administrative support under the authority of a judge, including court assistants, court coordinators, court managers, and court administrators. It shall not include employees of the Clerk of Superior Court.

SECTION 7.(d)  This section is effective when it becomes law.

 

EXPAND THE ABILITY OF THE CHIEF JUSTICE OF THE SUPREME COURT TO ASSIGN EMERGENCY JUDGES TO HOLD REGULAR AND SPECIAL SESSIONS OF COURT

SECTION 8.(a)  Section 11(c) of S.L. 2021‑47 reads as rewritten:

SECTION 11.(c)  This section is effective when it becomes law and shall expire on July 1, 2022.2023.

SECTION 8.(b)  This section is effective when it becomes law.

 

FUNDS FOR COURT SYSTEM EDUCATION

SECTION 9.(a)  There is appropriated from the General Fund to the Administrative Office of the Courts the sum of fifty thousand dollars ($50,000) in nonrecurring funds for the 2022‑2023 fiscal year to be used to educate court system staff and affected public stakeholders of the statutory changes made in this act.

SECTION 9.(b)  This section becomes effective July 1, 2022.

 

SEVERABILITY CLAUSE

SECTION 10.  If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part so declared to be unconstitutional or invalid.

 

EFFECTIVE DATE

SECTION 11.  Except as otherwise provided, this act is effective when it becomes law.