GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 834*

Short Title:  Court Improvement Act.	(Public)

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Sponsors: Senator Ballance.

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Referred to:  Judiciary.

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April 14, 1997

A BILL TO BE ENTITLED
AN ACT TO IMPROVE THE STATE COURT SYSTEM BY IMPLEMENTING THE NEW COURT STRUCTURE RECOMMENDED BY THE COMMISSION FOR THE FUTURE OF JUSTICE AND THE COURTS IN NORTH CAROLINA.
The General Assembly of North Carolina enacts:
Section 1.  This act repeals Chapter 7A of the General Statutes and enacts Chapter 7B, which implements the restructuring of the Judicial Branch of government in this State as recommended by the Commission for the Future of Justice and the Courts in North Carolina.  It also enacts, as part of this restructuring, Parts 29 and 30 of Article 9 of Chapter 143B, which establish the Office of Solicitor General and the Office of State Public Defender in the Department of Administration, and Chapter 15C, which establishes the duties of those offices with respect to prosecution and indigent defense.  A listing of the Articles and Parts contained in new Chapter 7B, Parts 29 and 30 of Article 9 of Chapter 143B, and Chapter 15C follows this section.  This listing is provided for reference only, and it in no way limits, defines, or prescribes the scope or application of the text of the act.

Chapter 7B.
Judicial Branch of Government.

ARTICLE 1.	Judicial Power and Organization.
ARTICLE 2.	Judicial Officials.
Part 1.	Powers, Appointments, Terms, and Retention of Judicial Officials.
Part 2.	Retirement of Judicial Officials; Recall of Judicial Officials to Emergency Service.
ARTICLE 3.	State Judicial Council.
ARTICLE 4.	The Administrative Office of the Courts.
ARTICLE 5.	Budget Preparation and Administration.
ARTICLE 6.	Courts Commission.
ARTICLE 7.	Judicial Standards Commission.
ARTICLE 8.	Dispute Resolution Commission.
ARTICLE 9.	Compensation of Judicial Officials.
ARTICLE 10.	Supreme Court.
ARTICLE 11.	Court of Appeals.
ARTICLE 12.	Organization of the Trial Division.
ARTICLE 13.	Jurisdiction and Rights of Appeal.
ARTICLE 14.	Circuit Judicial Councils.
ARTICLE 15.	Community Penalties Act.
ARTICLE 16.	Costs and Fees.
ARTICLE 17.	Office of Administrative Hearings.

ARTICLE 9 of Chapter 143B.

Part 29.  Office of Solicitor General.
Part 30.  Office of State Public Defender.

Chapter 15C.
Prosecution and Indigent Defense.

ARTICLE 1.	Prosecution.
ARTICLE 2.	Indigent Defense.
Part 1.	Office of State Public Defender.
Part 2.	Procedures to Determine Indigency and Entitlement to Counsel.

Section 2.  The General Statutes are amended by adding a new Chapter to read:
"Chapter 7B.
"Judicial Branch of Government.
"ARTICLE 1.
"Judicial Power and Organization.
"§ 7B-100.  Judicial power vested in the General Court of Justice.
	The judicial power of the State is vested exclusively in the General Court of Justice, except for:
(1)	The power of the Senate to serve as the Court for the Trial of Impeachments brought by the House of Representative; and
(2)	The judicial power granted by the General Assembly to administrative agencies pursuant to Section 3 of Article IV of the North Carolina Constitution.
"§ 7B-101.  Divisions of the General Court of Justice.
The General Court of Justice is a unified judicial system for purposes of jurisdiction, operation, and administration, and consists of the Appellate Division, the Trial Division, and an administrative office.
"§ 7B-102.  Mission of the General Court of Justice.
The mission of the General Court of Justice is to protect and preserve the rights and liberties of all the people, as guaranteed by the constitutions and laws of the United States and North Carolina, by providing a fair, independent, and accessible forum for the just, timely, and economical resolution of their legal affairs.
"ARTICLE 2.
"Judicial Officials.
"Part 1.  Powers, Appointment, Terms, and Retention of
Judicial Officials.
"§ 7B-200.  Judicial officials.
The judicial power of the General Court of Justice shall be exercised by the following judicial officials:
(1)	Justices of the Supreme Court have the authority to hear and decide all matters within the jurisdiction of the Supreme Court, and to issue all orders necessary for the effective exercise of that authority.
(2)	Judges of the Court of Appeals have authority to hear and decide all matters within the jurisdiction of the Court of Appeals, and to issue all orders necessary for the effective exercise of that authority.
(3)	Circuit judges have authority to hear and decide all matters within the jurisdiction of the Trial Division, and to issue all orders necessary for the effective exercise of that jurisdiction.  A judge shall exercise this power individually but only for the circuit to which that judge has been assigned on either a permanent or temporary basis.  Additionally, each circuit judge has authority to:
a.	Issue arrest warrants valid throughout the State;
b.	Issue search warrants valid throughout the circuit; and
c.	Determine conditions of pretrial release in all criminal cases.
(4)	A magistrate has the authority described below.  A magistrate shall exercise this authority individually within the magistrate's home county and within any other county in the circuit to which the magistrate is assigned on a temporary basis by the chief circuit judge.  A magistrate may exercise the same authority in a county outside the circuit when assigned there on a temporary basis by the Director of the Administrative Office of the Courts, upon the request of the chief circuit judge for the county to which the assignment is made.  The magistrate has authority to:
a.	Issue arrest warrants valid throughout the State;
b.	Issue search warrants valid in the county to which the magistrate is assigned;
c.	Accept written appearances, waivers of trial or hearing and pleas of guilty or admissions of responsibility, and enter judgments, in infraction and misdemeanor cases, subject to any schedule of penalties that may be established by the Conference of Chief Circuit Judges;
d.	Determine conditions of pretrial release in noncapital cases;
e.	Conduct initial appearances as provided in G.S. 15A-511;
f.	Hear, decide, and enter judgment in civil actions in which the amount in controversy does not exceed three thousand dollars ($3,000) and the principal relief requested is monetary, the recovery of specific personal property, summary ejectment, or any properly joined combination of such claims;
g.	Take depositions and examinations before trial, when authorized by the chief circuit judge;
h.	Take affidavits for the verification of pleadings;
i.	Issue writs of habeas corpus ad testificandum as provided in G.S. 17-41;
j.	Assign a year's allowance to the surviving spouse and a child's allowance as provided in Chapter 30, Article 4, of the General Statutes;
k.	Take acknowledgement of instruments as provided in G.S. 47-1;
l.	Perform marriage ceremonies as provided in G.S. 51-1;
m.	Take acknowledgement of a written contract or separation agreement between a husband and wife; and
n.	Assess contribution for damages or for work done on a dam, canal, or ditch, as provided in G.S. 156-15.
(5)	A magistrate who is licensed to practice law has the additional authority, if so assigned by the chief circuit judge, subject to any limitations imposed by the chief circuit judge, to:
a.	Hear, decide, and enter judgment in all infractions cases;
b.	Hear, decide, and enter judgment in civil actions within the monetary limits established by the State Judicial Council;
c.	Issue temporary restraining orders and preliminary injunctions in civil cases within the magistrate's jurisdiction;
d.	Grant uncontested divorces;
e.	Determine and issue orders establishing child support and issue show cause orders in child support proceedings;
f.	Order blood tests in paternity cases and take acknowledgements of paternity; and
g.	Determine and issue orders for the emancipation of minors.
(6)	A clerk of court has the authority, within the clerk's county, to hear, decide, and enter judgments or orders as appropriate in all matters within the clerk's jurisdiction.
(7)	Additionally, each judge, magistrate, and clerk of court has authority to:
a.	Administer oaths;
b.	Issue subpoenas to compel the attendance of witnesses or the production of documents for proceedings within the court's jurisdiction; and
c.	Preserve order in the court through exercise of the contempt power as provided in Chapter 5A of the General Statutes.
"§ 7B-201.  Appointment and terms of justices of the Supreme Court and judges of the Court of Appeals.
Justices of the Supreme Court and judges of the Court of Appeals shall be appointed by the Governor by the procedure in this section.  The 13 members of the State Judicial Council who are not judges, circuit attorneys, or circuit public defenders shall constitute the Appellate Nominating Panel.  The Chief Justice shall designate one of those members to chair the panel for a term of four years or until that member's term on the Council expires, whichever occurs first.  A person may not serve more than two consecutive terms as chair.
Within 30 days after the occurrence of a vacancy on the Supreme Court or Court of Appeals, the Appellate Nominating Panel shall nominate to the Governor three candidates for that position.  In considering persons who might be nominated to the Governor, the Appellate Nominating Panel shall develop a procedure that brings under consideration a pool of possible candidates reflecting the diverse characteristics, including gender, race, and geography, of those who are legally qualified to serve.
The Governor shall appoint one of the three candidates nominated by the panel. The Governor may not make the appointment until at least five days have passed since the delivery of the nominations by the panel.  If the Governor fails to appoint any one of the candidates within 30 days after the nominations have been delivered by the panel, the appointment to that position shall be made instead by the Chief Justice, who shall choose from the three candidates submitted by the panel.
The vote by which the Appellate Nominating Panel decides whether or not to nominate a person, and all matters relating to such vote, shall be confidential.
The initial term of the justice or judge appointed shall expire on December 31 following the first general election for State or county officers occurring more than one year after the appointment, and the justice or judge shall stand for retention at that election as provided in G.S. 7B-206.  If the vote in that election is in favor of retention, the next term and each subsequent term shall be for eight years, subject to a retention election at the end of each term.
"§ 7B-202.  Appointment and terms of circuit judges.
Circuit judges shall be appointed by the Governor by the procedure in this section.
Each circuit shall have a circuit nominating panel.  The panel shall consist of nine members, all of whom must reside within the circuit, as follows:
(1)	A chair appointed by the Chief Justice for a four-year term;
(2)	Four nonattorneys appointed by the State Judicial Council; and
(3)	Four attorneys chosen by the circuit bar pursuant to procedures set by the State Judicial Council.
Members of the circuit nominating panel shall serve staggered, four-year terms, which shall be established by procedures set by the State Judicial Council.  The terms shall be staggered so that the terms of one attorney and one nonattorney member expire each year.  Members may not serve more than two consecutive terms.  No more than two of the four nonattorney members of the panel appointed by the State Judicial Council may be from the same county.  No more than two of the four nonattorney members of the panel appointed by the State Judicial Council may be from the same county. The person appointed by the Chief Justice to chair the circuit nominating panel shall also serve a four-year term, but shall be subject to removal by the Chief Justice at any time.  The chair may not serve more than two consecutive terms in that position.  No current member of the General Assembly, nor any current judicial official, may serve on a circuit nominating panel.
Within 30 days after the occurrence of the vacancy, the circuit nominating panel for that circuit shall nominate to the Governor three candidates for the position, each of whom must reside within the circuit.  In considering persons who might be nominated to the Governor, the circuit nominating panel shall follow a procedure prescribed by the State Judicial Council that brings under consideration a pool of possible candidates reflecting the diverse characteristics, including gender, race, and geography, of those who are legally qualified to serve.
The Governor shall appoint one of the three candidates nominated by the circuit nominating panel.  The Governor may not make the appointment until at least five days have passed since the delivery of the nominations by the panel.  If the Governor fails to appoint any one of the candidates within 30 days after the nominations have been delivered by the panel, the appointment to that position shall be made instead by the Chief Justice, who shall choose from the three candidates submitted by the panel.
The vote by which the circuit nominating panel decides whether or not to nominate a person, and all matters relating to that vote, shall be confidential.  Otherwise, the procedures to be followed by the panel shall be set by the State Judicial Council.
The initial term of the judge appointed shall expire on December 31 following the first general election for State or county officers occurring more than one year after the appointment, and the judge shall stand for retention at that election as provided in G.S. 7B-206.  If the vote in that election is in favor of retention, the next and each subsequent term shall be for eight years, subject to a retention election at the end of each term.
"§ 7B-203.  Appointment and terms of magistrates.
The magistrates for each circuit shall be appointed by the chief circuit judge for that circuit for terms of four years.  The magistrate must reside in the county to which assigned by the chief circuit judge.
"§ 7B-204.  Appointment and terms of clerks of court.
The clerk of court for each county shall be appointed by the chief circuit judge of the circuit in which that county is located, for a term of four years, by the procedure in this section.
Before the term of the incumbent clerk is due to expire, the chief circuit judge for that circuit shall establish a clerk of court advisory panel of five members, all of whom must reside in the county.  The panel shall include two attorneys chosen by the county bar pursuant to the procedure established by the State Judicial Council, a representative of the board of county commissioners chosen by that board, a nonattorney appointed by the chief circuit judge, and the county director of social services or a person designated by the director.  The chief circuit judge shall designate one member to chair the panel.
Within the time prescribed by the chief circuit judge, the panel shall advise the chief circuit judge whether to reappoint the incumbent clerk, if that person desires to continue in office.
Within 30 days of receiving the recommendation from the panel, the chief circuit judge shall decide whether to reappoint the incumbent clerk.  If the chief circuit judge decides to reappoint the incumbent clerk, that person shall take office for a term of four years.  If the chief circuit judge decides not to reappoint the incumbent clerk, the clerk does not desire to continue in office, or the office becomes vacant for a reason other than the expiration of the term, the panel described above shall constitute a panel for nominating candidates for appointment to the office.
Within 30 days after being instructed by the chief circuit judge to nominate candidates, the panel shall nominate to the chief circuit judge three candidates, each of whom must reside in the county.  The chief circuit judge may appoint one of the three candidates nominated by the panel or may request the panel to submit up to two additional candidates.  The chief circuit judge must appoint as clerk a candidate nominated by the panel.
"§ 7B-205.  Commencement and expiration of terms.
The terms of all justices, judges, magistrates, and clerks, except for initial terms to fill vacancies, shall commence on January 1 of odd-numbered years and expire on December 31 of even-numbered years.
"§ 7B-206.  Judicial retention elections.
(a)	Retention elections for justices of the Supreme Court, judges of the Court of Appeals, and circuit judges shall be held in even-numbered years at the same time as general elections for State and county officers.
(b)	At a retention election, the proposition on the ballot shall be worded as follows:  'Shall (Justice) (Judge) ______________ be retained for a term of eight years as a (Justice of the Supreme Court) (Judge of the Court of Appeals) (Circuit Judge)?'  Following this proposition shall be boxes or spaces marked 'YES' and 'NO' for the voter to select.
(c)	All voters in the State shall be eligible to vote in elections on the retention of justices of the Supreme Court and judges of the Court of Appeals.  All voters residing in the judge's circuit shall be eligible to vote in elections on the retention of circuit judges.
(d)	If a majority of the voters casting ballots in the retention election vote 'YES', the justice or judge shall be retained in office for a term of eight years.  If at the end of that term, the justice or judge desires to continue in office, a retention election shall be held in the final year of the justice or judge's term.
(e)	If less than a majority of the voters casting ballots in the retention election vote 'YES', the justice or judge shall serve only the remainder of the term for that office.  At the end of that term, a new justice or judge shall be appointed pursuant to G.S. 7B-201 or G.S. 7B-202, and the departing justice or judge shall not be eligible for that appointment.
"§ 7B-207.  Removal of judicial officials.
(a)	Judicial officials shall be subject to censure or removal from office for the following reasons:
(1)	Willful misconduct in office;
(2)	Willful and persistent failure to perform the duties of the office;
(3)	Habitual intemperance;
(4)	Conviction of a crime involving moral turpitude; or
(5)	Conduct prejudicial to the administration of justice that brings the office into disrepute.
(b)	A judicial official removed from office pursuant to subsection (a) of this section shall receive no retirement compensation and shall be disqualified from holding further judicial office.
(c)	Judicial officials also shall be subject to removal from office for mental or physical incapacity interfering with the performance of the duties of the office, which is, or is likely to become, permanent.  A judicial official removed pursuant to this subsection is entitled to retirement compensation if the official has accumulated the years of creditable service required for incapacity or disability retirement under any provision of State law, but shall not sit as an emergency judicial official.
(d)	Censure or removal of a justice of the Supreme Court, judge of the Court of Appeals, or circuit judge shall be by the Supreme Court upon recommendation of the Judicial Standards Commission as provided in Article 7 of this Chapter.
(e)	Censure or removal of a magistrate or clerk of court shall be by the procedure in this section.  A written complaint may be filed with the chief judge of the circuit in which the magistrate or clerk holds office.  The complaint shall be in a form prescribed by the State Judicial Council.
The chief circuit judge shall assign the complaint to another judge in the circuit to determine whether it establishes probable cause to believe there is a basis for censure or removal of the magistrate or clerk.  If the reviewing judge determines that there is probable cause, the chief circuit judge shall schedule a hearing on the matter.  If the complaining party is not represented by counsel, or does not desire to be responsible for prosecution of the complaint, the chief circuit judge shall designate a circuit attorney to be responsible for presenting to the court the evidence supporting disciplinary action.
The chief circuit judge may preside at the hearing or may assign another judge to do so.  Appeal shall be to the Court of Appeals.
"Part 2. Retirement of Judicial Officials; Recall of
Judicial Officials to Emergency Service.
"§ 7B-208.  Age limit for service as justice or judge; retirement of judges of the General Court of Justice.
	(a)	No justice or judge of the General Court of Justice may continue in office beyond the last day of the month in which the judge attains 72 years of age, but justices and judges so retired may be recalled for periods of temporary service as provided in this Part.
(b)	Benefits payable upon the death or retirement of justices and judges of the Appellate Division and circuit judges are as provided in the Consolidated Judicial Retirement Act, Article 4 of Chapter 135 of the General Statutes.
"§ 7B-209.  Assignment of retired justices and judges to service on temporary basis.
(a)	The Chief Justice may assign a retired justice of the Supreme Court, a retired judge of the Court of Appeals, or a retired circuit judge to temporary service on the court from which the justice or judge retired, if the retired justice or judge consents to the assignment and if:
(1)	The justice or judge has retired from active service;
(2)	The justice or judge had served as a justice or judge for at least five years at the time of retirement;
(3)	The justice or judge is not currently engaged in the practice of law;
(4)	The most recent active, full-time service of the justice or judge terminated in the 10 years immediately preceding the date of the first order assigning the judge to temporary service; and
(5)	The most recent assignment of the justice or judge to temporary service terminated in the five years immediately preceding the date of the current order of assignment.
A justice or judge may serve as a mediator, referee, or arbitrator and still be eligible for temporary service.
(b)	The Chief Justice, before assigning a justice or judge to temporary service, shall ensure that the justice or judge is eligible to serve and is capable of efficiently and promptly discharging the duties of the office to which the justice or judge is subject to assignment. If the assignment is to service in the Appellate Division, the Chief Justice shall ensure that the requirements of G.S. 7B-211 are met.
(c)	The Code of Judicial Conduct applies to any justice or judge during any period of temporary service.
(d)	In addition to the compensation or retirement allowance the justice or judge would otherwise be entitled to receive by law, each emergency justice or judge recalled for temporary active service shall be paid by the State his actual expenses plus two hundred dollars ($200.00) for each day of active service rendered.  No justice or judge assigned to temporary service shall receive from the State total annual compensation for judicial services in excess of that received by an active justice or judge of the bench to which the justice or judge has been recalled.
(e)	All orders assigning justices or judges to temporary service shall be in writing and shall be maintained in accordance with rules adopted by the State Judicial Council.
"§ 7B-210.  Jurisdiction of retired justices or judges assigned to temporary service.
(a)	An emergency justice or judge does not possess any jurisdiction or authority to hear arguments or participate in the consideration and decision of any cause or perform any other duty or function of a justice of the Supreme Court or Court of Appeals, respectively, except while serving under an order of recall to temporary service.  With respect to appeals, motions, and other matters heard, considered, and decided by the court during the period of temporary service, a justice of the Supreme Court or judge of the Court of Appeals in whose behalf an emergency justice or judge was recalled to temporary service is disqualified to participate in the consideration and decision of any question presented to the court by appeal, motion, or otherwise regarding a matter in which the emergency justice or judge participated during the recall.
(b)	Circuit judges assigned to temporary service have the same jurisdiction and authority in all matters in the courts which they are assigned to that regular circuit judges assigned to those courts would have.
(c)	The Supreme Court, with the advice of the State Judicial Council, may adopt rules governing the filing of opinions prepared by a justice or judge temporarily assigned to the Appellate Division, as well as any other rules necessary to implement the provisions of this Part.
"§ 7B-211.  Special rules applicable to service on appellate courts by retired justices or judges.
(a)	The following additional restrictions apply to justices and judges recalled to temporary service in the Appellate Division:
(1)	If a justice or judge is assigned temporarily to service while a vacancy remains unfilled, the service terminates upon the filling of the vacancy;
(2)	If a justice or judge is assigned temporarily to service because a justice or judge is temporarily unable to perform the duties of the office, the service terminates upon the return of the justice or judge to full-time service; and
(3)	No order assigning a justice or judge to temporary service may be for more than six months, but the Chief Justice may renew an order for additional six-month periods as necessary and appropriate.
(b)	If the justice or judge who is temporarily unable to perform the functions of the office is the Chief Justice, the associate justice senior in service on the Supreme Court shall exercise the powers of the office of Chief Justice.  If the judge who is temporarily unable to perform the functions of the office is the Chief Judge of the Court of Appeals, the Chief Justice shall designate another judge to serve temporarily as Chief Judge.
(c)	If a justice or judge is assigned to temporary service because a judge or justice is temporarily unable to perform the duties of the office, and the temporary inability is not documented by a written statement to that effect by a competent and reputable physician, the Supreme Court by majority vote shall approve the temporary assignment, and a statement of reasons supporting the temporary assignment shall be entered into the records of the Supreme Court.
"§ 7B-212.  Transition provisions for temporary service by previously retired judges.
Any judge of the district court or of the superior court who was eligible to serve as an emergency judge or as a retired recalled judge under the provisions of Article 8 of Chapter 7A of the General Statutes immediately prior to the enactment of this Chapter is eligible to accept assignments to temporary service as a circuit judge if the judge's service qualifies under the provisions of G.S. 7B-209(a)(4) or G.S. 7B-209(a)(5).
"ARTICLE 3.
"State Judicial Council.
"§ 7B-300.  Composition of State Judicial Council.
(a)	The State Judicial Council shall consist of 18 members as follows:
(1)	The Chief Justice, who chairs the Council;
(2)	The Chief Judge of the Court of Appeals;
(3)	A circuit attorney chosen by the circuit attorneys;
(4)	A circuit public defender chosen by the circuit public defenders;
(5)	A circuit judge chosen by the Conference of Circuit Judges;
(6)	Two attorneys appointed by the Council of the State Bar;
(7)	One attorney and one nonattorney appointed by the Chief Justice;
(8)	Two nonattorneys and one attorney appointed by the Governor;
(9)	Two nonattorneys and one attorney appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives; and
(10)	Two nonattorneys and one attorney appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(b)	The Chief Justice and the Chief Judge shall be members of the State Judicial Council during their terms in those judicial offices.  The terms of the other members selected initially for the State Judicial Council shall be as follows:
(1)	One year. – One attorney appointed by the State Bar Council, the nonattorney appointed by the Chief Justice, one nonattorney appointed upon the recommendation of the Speaker of the House of Representatives, and the attorney appointed upon the recommendation of the President Pro Tempore of the Senate.
(2)	Two years. – The circuit attorney, one nonattorney appointed by the Governor, the attorney appointed upon the recommendation of the Speaker of the House of Representatives, and one nonattorney appointed upon the recommendation of the President Pro Tempore of the Senate.
(3)	Three years. – The circuit public defender, the attorney appointed by the Governor, one nonattorney appointed by the President Pro Tempore of the Senate, and one nonattorney appointed upon the recommendation of the Speaker of the House of Representatives.
(4)	Four years. – The circuit judge, one attorney appointed by the State Bar Council, the attorney appointed by the Chief Justice, and one nonattorney appointed by the Governor.
After these initial terms, the members of the State Judicial Council shall serve terms of four years.  All terms of members shall begin on January 1 and end on December 31.  No member may serve more than two consecutive full terms.  Any vacancy on the Council shall be filled by a person appointed by the official or entity who appointed the person vacating the position.
(c)	If an official or entity is authorized to appoint more than one member of the State Judicial Council, the members appointed by that official or entity must reside in different circuits.
(d)	No incumbent member of the General Assembly or any incumbent judicial official, other than the ones specifically identified by office in subsection (a) of this section, may serve on the State Judicial Council.
(e)	The appointing authorities shall confer with each other and attempt to arrange their appointments so that the members of the State Judicial Council fairly represent each area of the State, both genders, and each major racial group.
"§ 7B-301.  Duties of the State Judicial Council.
(a)	The State Judicial Council shall:
(1)	Study the judicial system and report periodically to the Chief Justice on its findings;
(2)	Advise the Chief Justice on priorities for funding;
(3)	With the Chief Justice, approve the budget prepared by the Director of the Administrative Office of the Courts for submission to the General Assembly;
(4)	Advise the Chief Justice on, and consent to, the appointment of the chief circuit judge of each circuit, as provided in G.S. 7B-1202;
(5)	Set salaries of justices and judges, as provided in G.S. 7B-900;
(6)	Recommend to the General Assembly changes in the expense allowances, benefits, and other compensation for judicial officials;
(7)	If a judgeship becomes vacant, decide whether the judgeship is still needed for that circuit and, if it is not, decide whether the judgeship should be transferred to another circuit or should be abolished;
(8)	Review and advise the Chief Justice on proposals from chief circuit judges to modify the rules of practice for their circuits;
(9)	Appoint nonattorney members of circuit nominating panels, as provided in G.S. 7B-202; and
(10)	Advise or assist the Chief Justice, as requested, on any other matter concerning the operation of the courts.
(b)	The 13 members of the State Judicial Council who are not judges, circuit attorneys, or circuit public defenders shall constitute the Appellate Nominating Panel to nominate candidates to the Governor for appointment to vacancies on the Supreme Court and Court of Appeals, as provided in G.S. 7B-201.
(c)	The State Judicial Council, with the assistance of the Director of the Administrative Office of the Courts, shall set performance standards for all courts and all judicial officials and shall develop procedures for periodic evaluation of the court system and individual judicial officials and employees.  The Council shall inform each judicial official of the standards being used to evaluate that official's performance.  The evaluation of each judge shall include assessments from other judges, litigants, jurors, and attorneys, as well as a self-evaluation by the judge.  Summaries of the evaluations of justices and judges shall be made available to the public, in a manner to be determined by the Council, to be considered when the justice or judge's term is expiring and a retention election is being held.
(d)	The State Judicial Council shall monitor caseloads in the appellate courts to determine whether cases are being handled expeditiously, whether those courts have adequate resources, and whether the courts are able to maintain a proper balance between criminal and civil matters.  If needed to assure such a balance, the Council may authorize the establishment of separate divisions of the Court of Appeals for criminal and civil cases and establish procedures for the regular rotation of individual judges between those divisions.
(e)	The State Judicial Council may increase the authority of attorney magistrates to hear and decide and enter judgment in civil cases up to twenty-five thousand dollars ($25,000) in controversy.  The Council may not increase the level of this authority more often that once every five years and may not increase the level at any one time by more than ten thousand dollars ($10,000).
(f)	The State Judicial Council shall establish guidelines for the assignment and management of cases, including the identification of different kinds of cases for different kinds of resolution.  The guidelines shall provide that, except for good cause, each civil case subject to assignment to a trial judge should be directed first to an appropriate form of alternative dispute resolution.  The guidelines may also provide for posttrial alternative dispute resolution before or as part of an appeal.  The guidelines should not require absolute uniformity from circuit to circuit and should allow case management personnel within each circuit the flexibility to direct cases to the most appropriate means of resolution in that circuit.
(g)	The State Judicial Council shall monitor the use of alternative dispute resolution throughout the court system and, with the assistance of the Director of the Administrative Office of the Courts and the Dispute Resolution Commission, evaluate the effectiveness of those programs.  The Council may approve the inclusion of additional forms of alternative dispute resolution in court-ordered programs.
(h)	The State Judicial Council may approve and implement changes in the boundaries of the circuits, as requested by the Chief Justice.  In exercising this authority, the Council shall not set circuit boundaries that cross county lines nor increase the number of circuits above 18.
(i)	The State Judicial Council shall perform other functions as needed to monitor the administration of justice and assess the effectiveness of the Judicial Branch in serving the public and to advise the Chief Justice and the General Assembly on changes needed to assist the General Court of Justice in better fulfilling its mission.
"§ 7B-302.  Compensation of the State Judicial Council.
Members of the State Judicial Council who are not judicial officials or salaried public officials shall be reimbursed for their travel, meal and lodging expenses while on Council business at the same rate as provided in G.S. 120-3.1(a)(3) for members of the General Assembly, and shall also be compensated at the rate of two hundred dollars ($200.00) per day for each day on official Council business.
"ARTICLE 4.
"The Administrative Office of the Courts.
"§ 7B-400.  Administrative Office of the Courts.
The administrative functions of the General Court of Justice shall be performed by the Administrative Office of the Courts.  It shall be supervised by a Director, assisted by an Assistant Director.
"§ 7B-401.  Appointment and compensation of Director.
The Director shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court.  The compensation of the Director shall be set by the Chief Justice subject to the approval of the State Judicial Council.
"§ 7B-402.  Appointment and compensation of Assistant Director.
(a)	The Assistant Director shall also be appointed by and serve at the pleasure of the Chief Justice.  The compensation of the Assistant Director shall be set by the Chief Justice subject to the approval of the State Judicial Council.
(b)	The Assistant Director is the administrative assistant to the Chief Justice, and shall perform those duties assigned by the Chief Justice or the Director of the Administrative Office of the Courts.
"§ 7B-403.  Appointment of other persons employed by the Administrative Office of the Courts; personnel policies.
The Director may appoint other assistants and employees as are necessary to perform the duties of the office, and may promulgate personnel policies and regulations to provide for the administration of the personnel system for the Judicial Branch.
"§ 7B-404.  Duties of Director.
The Director is the Administrative Officer of the Courts, with the following duties:
(1)	To collect and compile statistical data and other information on the judicial and financial operation of the courts and on the operation of other offices directly related to and serving the courts;
(2)	To determine the state of the dockets and evaluate the practices and procedures of the courts, and to make recommendations concerning the number of judges, clerks, magistrates, and other supporting personnel required for the efficient administration of justice;
(3)	To prepare and submit budget estimates of State appropriations necessary for the maintenance and operation of the Judicial Branch, and to authorize expenditures from funds appropriated for those purposes, as provided in Article 17 of this Chapter;
(4)	To prescribe uniform administrative and business methods, systems, and forms to be used in the offices of the clerks of court;
(5)	To adopt rules for record keeping in the offices of the clerks as provided by G.S. 7B-405;
(6)	To investigate, make recommendations concerning, and assist in the securing of adequate physical accommodations for the General Court of Justice, and, after consultation with the North Carolina Association of County Commissioners, to establish standards for local court facilities;
(7)	To oversee the procurement, distribution, exchange, transfer, and assignment of equipment, books, forms, and supplies to be acquired with State funds for the General Court of Justice, either by purchase at the State level or by delegation of purchasing authority to the chief circuit judge or circuit administrator;
(8)	To make recommendations for the improvement of operations of the Judicial Branch to the Chief Justice, the State Judicial Council, or the General Assembly, as appropriate;
(9)	To prepare and submit an annual report on the work of the Judicial Branch to the Chief Justice and the State Judicial Council, and to transmit a copy to each member of the General Assembly;
(10)	To serve as staff to the State Judicial Council;
(11)	To develop and implement a strategic plan for the use of technology by the Judicial Branch;
(12)	To establish, monitor, and enforce standards and specifications for equipment, including computer hardware and software, used by the Judicial Branch that allow local flexibility where possible while retaining the level of uniformity needed to maintain compatibility in information systems technology utilized in local jurisdictions;
(13)	To establish policies for determining who is entitled to access to the information systems established by the Judicial Branch, and if necessary to establish fees to offset the costs of providing that access in locations other than court facilities; and
(14)	To perform those additional duties and exercise the additional powers as may be prescribed by statute or assigned by the Chief Justice or the State Judicial Council.
"§ 7B-405.  Record-keeping procedures.
(a)	Each clerk of court shall maintain the records, files, dockets, and indexes prescribed by rules of the Director of the Administrative Office of the Courts.  Except as prohibited by law, these records shall be open to the inspection of the public during regular office hours, and shall include civil actions, special proceedings, estates, criminal actions, juvenile actions, minutes of the court, judgments, liens, lis pendens, and all other records required by law to be maintained.  The rules prescribed by the Director shall be designed to accomplish the following purposes:
(1)	To provide an accurate record of every determinative legal action, proceeding, or event which may affect the person or property of any individual, firm, corporation, or association;
(2)	To provide a record during the pendency of a case that allows for the efficient handling of the matter by the court from its initiation to conclusion and also affords information on the progress of the case;
(3)	To provide security against the loss or destruction of original documents during their useful life and a permanent record for historical uses;
(4)	To provide a system of indexing that will afford adequate access to all records maintained by the clerk;
(5)	To provide, to the extent possible, for the maintenance of records affecting the same action or proceeding in one rather than several units; and
(6)	To provide a reservoir of information useful to those interested in measuring the effectiveness of the laws and the efficiency of the courts in administering them.
(b)	The rules shall provide for indexing according to the minimum criteria set out below:
(1)	Civil actions. – The names of all parties;
(2)	Special proceedings. – The names of all parties;
(3)	Administration of estates. – The name of the estate and in the case of testacy the name of each devisee;
(4)	Criminal actions. – The names of all defendants;
(5)	Juvenile actions. – The names of all juveniles;
(6)	Judgments, liens, lis pendens, etc. – The names of all parties against whom a lien has been created by the docketing of a judgment, notice of lien, transcript, certificate, or similar document and the names of all parties in those cases in which a notice of lis pendens has been filed with the clerk and abstracted on the judgment docket.
(c)	The rules shall require that all documents received for docketing shall be immediately indexed on either a permanent or temporary index.  The rules may prescribe any technological process the Director deems appropriate for the economical and efficient indexing, storage, and retrieval of information.
"§ 7B-406.  Information to be furnished to Director.
All judges, magistrates, clerks of court, and other officers or employees of the courts and of offices directly related to and serving the courts shall on request furnish to the Director information and statistical data relative to the work of the courts and of those offices and relative to the receipt and expenditure of public moneys for the operation of the courts.  If necessary to the effective administration of the courts and on request of the Director, the circuit attorneys and circuit public defenders shall furnish information and statistical data relative to the work of their respective offices.
"§ 7B-407.  Publication of Appellate Division reports.
(a)	The Director of the Administrative Office of the Courts shall contract for the printing of the reports of the Supreme Court and the Court of Appeals after consultation with the Department of Administration and a comparison of prices for similar work in other states to the extent practicable.  The Director shall provide for the sale of the reports to the general public at a price of not less than cost plus ten percent (10%), to be fixed by the Director.  Proceeds of the sales shall be remitted to the General Fund.
(b)	In addition to or as an alternative to the provisions of subsection (a) of this section, the Supreme Court may designate a commercial law publisher's reports of the opinions of the Supreme Court and Court of Appeals as the official reports of the Appellate Division, or the Director, with the approval of the Supreme Court, may contract with a commercial law publisher or publishers to act as printer and vendor of the reports upon terms set by the Supreme Court after consultation with the Department of Administration.
(c)	The provisions of subsections (a) and (b) of this section also apply to the republication of reports of the Supreme Court and Court of Appeals that are not on hand for sale.
(d)	The Director shall furnish copies of the reports of the Supreme Court and Court of Appeals, and the advance sheets of those reports, to officers, agents, and libraries designated by the Supreme Court.  In determining the officers, agencies, and libraries to which the reports should be provided without charge, the Supreme Court shall consider the previous statutory requirements for the distribution of the reports and shall attempt to provide the reports in a manner so as to allow those previous recipients to maintain complete sets.
"ARTICLE 5.
"Budget Preparation and Administration.
"§ 7B-500.  Financial management of the Judicial Branch.
(a)	The General Assembly shall provide adequate funds to operate the Judicial Branch.  No personnel may be hired by local governments to work in the Judicial Branch, nor may any funds from local government be provided to the Judicial Branch to be used to hire personnel.
(b)	The Director of the Administrative Office of the Courts is the director of the budget for the Judicial Branch.  In that capacity, and subject to the provisions of this Article, it is the responsibility of the Director to prepare a unified budget for the Judicial Branch for submission to the General Assembly.  It is also the Director's responsibility to authorize expenditures for lawful activities of the Judicial Branch from the funds appropriated by the General Assembly and from funds received from other sources.
"§ 7B-501.  Budget preparation procedure.
(a)	On a schedule to be promulgated by the Director, the chief circuit judge of each circuit shall develop a budget request for the circuit.  The chief circuit judge shall consult with the circuit judicial council in the preparation of the request.  The request shall be in a format to be prescribed by the Director, and shall include a statement about the objectives to be obtained if the budget request is funded, along with performance measures that can be used to determine if the objectives are met.
(b)	On a schedule to be promulgated by the Director, the Chief Justice of the Supreme Court and the Chief Judge of the Court of Appeals shall develop a budget request for the Appellate Division of the Judicial Branch.  The request shall be in a format to be prescribed by the Director, and shall include a statement about the objectives to be obtained if the budget request is funded, along with performance measures that can be used to determine if the objectives are met.
(c)	The Director shall include in the unified budget request for the Judicial Branch sufficient funds to operate the office of the Director and any other Judicial Branch administrative units not attached to the trial or appellate courts.  The funds requested shall include a statement about the objectives to be obtained if the budget request is funded, along with performance measures that can be used to determine if the objectives are met.
(d)	Upon receipt of the various budget requests, the Director shall review each request and prepare a single unified budget for the Judicial Branch.  The unified budget shall identify the funds necessary to provide adequate personnel and other personal services, equipment, contractual services, communications support, supplies and printing, training, and travel.  The Director shall submit that budget request to the State Judicial Council for review and approval.
(e)	The unified budget request shall be submitted by the Director on behalf of the Judicial Branch to the Governor, and the Governor shall incorporate the budget requests, without change, in the proposed State budget submitted by the Governor to the General Assembly.  The request shall be submitted in a format that includes requests for funds for personal services and for nonpersonnel operations funds, with any supporting data that the Director deems appropriate or that is requested by the General Assembly.
"§ 7B-502.  Budget administration.
(a)	Funds appropriated to the Judicial Branch shall be provided in a format prescribed by the General Assembly.  Funds shall be designated as personnel or nonpersonnel funds, and may be designated by purpose or program within those categories.  Personnel funds are any funds that are used to procure personal services by an individual or group of individuals, regardless of whether the individuals receive a salary, an hourly wage, or a lump sum for the services provided.
(b)	Funds appropriated to the Judicial Branch shall be spent for the purpose for which the funds were requested, unless the Director, with the approval of the State Judicial Council, determines that the funds should be transferred to meet another purpose.  No funds appropriated on a nonrecurring basis shall be spent in a manner that will require subsequent recurring funds to maintain.  The Director shall report any transfers under this subsection to the Director of the Office of State Budget and Management and the General Assembly.  Funds received from sources other than appropriations from the General Assembly shall be spent as prescribed by the funding source, but those funds may be allocated by the Director if the source of funds allows the reallocation.
(c)	Funds received by the office of the Director may be allocated by the Director, with the advice of the State Judicial Council, to the various circuits and other administrative units in the Judicial Branch.  Funds so allocated shall be for specified personnel and other personal services, equipment, contractual services, communications support, supplies and printing, training, travel, and other operational costs.
(d)	The chief circuit judge may direct that funds be transferred among purposes at the circuit level if authorized to do so by rules promulgated by the Director and approved by the State Judicial Council.  Personnel funds may not be transferred to nonpersonnel purposes, and nonpersonnel funds may not be transferred to personnel purposes.  The chief circuit judge may delegate the authority to make budget transfers to the circuit administrator.
(e)	The Director shall promulgate rules as appropriate to ensure that funds distributed to the circuits or other administrative units within the Judicial Branch are properly accounted for.
"ARTICLE 6.
"Courts Commission.
"§ 7B-600.  Creation; members; terms; qualifications; vacancies.
(a)	The North Carolina Courts Commission is created.  Effective July 1, 1993, it shall consist of 24 members, six to be appointed by the Governor, six to be appointed by the Speaker of the House of Representatives, six to be appointed by the President Pro Tempore of the Senate, and six to be appointed by the Chief Justice of the Supreme Court.
(b)	Of the appointees of the Chief Justice of the Supreme Court, one shall be a Justice of the Supreme Court, one shall be a Judge of the Court of Appeals, and four shall be circuit judges.
(c)	Of the six appointees of the Governor, one shall be a circuit attorney, one shall be a practicing attorney, one shall be a clerk of court, at least three shall be members of the General Assembly, and at least one shall not be an attorney.
(d)	Of the six appointees of the Speaker of the House of Representatives, at least three shall be practicing attorneys, at least three shall be members of the General Assembly, and at least one shall not be an attorney.
(e)	Of the six appointees of the President Pro Tempore of the Senate, at least three shall be practicing attorneys, at least three shall be members of the General Assembly, and at least one shall be a magistrate.
(f)	Of the initial appointments of each appointing authority, three shall be appointed for four-year terms to begin July 1, 1993, and three shall be appointed for two-year terms to begin July 1, 1993.  Successors shall be appointed for four-year terms.
(g)	A vacancy in membership shall be filled for the remainder of the unexpired term by the appointing authority who made the original appointment.  A member whose term expires may be reappointed.
"§ 7B-601.  Ex officio members.
The following additional members shall serve ex officio: the Director of the Administrative Office of the Courts; a representative of the North Carolina State Bar appointed by the State Bar Council; and a representative of the North Carolina Bar Association appointed by the Board of Governors of the Bar Association. Ex officio members have no vote.
"§ 7B-602.  Duties.
The Courts Commission shall make continuing studies of the structure, organization, jurisdiction, procedures, and personnel of the Judicial Branch and make recommendations to the State Judicial Council and the General Assembly for such changes as will facilitate the administration of justice.
"§ 7B-603.  Chair; meetings; compensation of members.
The Governor, after consultation with the Chief Justice, shall appoint a chair from the legislative members of the Commission.  The term of the chair is two years, and the chair may be reappointed.  The Commission shall meet at such times and places as the chair designates.  The facilities of the State Legislative Building shall be available to the Commission, subject to approval of the Legislative Services Commission.  The members of the Commission shall receive the same per diem and reimbursement for travel expenses as members of State boards and commissions generally.
"§ 7B-604.  Supporting services.
The Commission is authorized to contract for those professional and clerical services necessary to the proper performance of its duties.
"ARTICLE 7.
"Judicial Standards Commission.
"§ 7B-700.  Judicial Standards Commission.
(a)	The Judicial Standards Commission shall consist of: one Court of Appeals Judge and two circuit judges from different circuits, each appointed by the Chief Justice; two 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 two citizens who are not judges, active or retired, nor members of the State Bar, appointed by the Governor. The Court of Appeals Judge shall chair the Commission.
(b)	Terms of Commission members shall be for six years, except that, to achieve staggered terms, one of the judges, one of the practicing members of the State Bar, and one of the citizens shall be appointed initially for a term of only three years. No member who has served a full six-year term is eligible for reappointment.  A member's term ends if the member ceases to have the qualifications required for his appointment.  Vacancies are filled in the same manner as the original appointment for the remainder of the term. 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.
(c)	If a member of the Commission who is a judge becomes disabled, or becomes a respondent before the Commission, the Chief Justice shall appoint an alternate member to serve during the period of disability or disqualification. The alternate member shall be from the same division of the General Court of Justice as the disabled or disqualified judge.  If a member of the Commission appointed by the Governor becomes disabled, the Governor shall appoint an alternate member to serve during the period of disability.  If a member of the Commission elected by the State Bar Council becomes disabled, the State Bar Council shall elect an alternate member to serve during the period of disability.  In a particular case, if a member disqualifies himself or herself, or is successfully challenged for cause, that member's seat for that case shall be filled by an alternate member selected as provided in this subsection.
(d)	A member may serve after expiration of that member's term only to participate until the conclusion of a formal proceeding begun before expiration of the term. Such participation shall not prevent the successor from taking office, but the successor may not participate in the proceeding for which the predecessor's term was extended. This subsection shall apply also to any judicial member whose membership on the Commission is automatically terminated by retirement or resignation from judicial office or expiration of the term of judicial office.
"§ 7B-701. Grounds for censure or removal.
Upon recommendation of the Commission, the Supreme Court may censure or remove any judge for willful misconduct in office, willful and persistent failure to perform his duties, habitual intemperance, conviction of a crime involving moral turpitude, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute. Upon recommendation of the Commission, the Supreme Court may remove any judge for mental or physical incapacity interfering with the performance of the judge's duties, which is, or is likely to become, permanent.  A judge removed for mental or physical incapacity is entitled to retirement compensation if the judge has accumulated the years of creditable service required for incapacity or disability retirement under any provision of State law, but the judge shall not sit as an emergency justice or judge. A judge removed for other than mental or physical incapacity receives no retirement compensation and is disqualified from holding further judicial office.
"§ 7B-702.  Procedures; employment of executive secretary, special counsel, or investigator.
(a)	Any citizen of the State may file a written complaint with the Commission concerning the qualifications or conduct of any justice or judge of the General Court of Justice, and thereupon the Commission shall investigate as it deems necessary.  The Commission may also make an investigation on its own motion.  The Commission may issue process to compel the attendance of witnesses and the production of evidence, to administer oaths, to punish for contempt, and to prescribe its own rules of procedure.  No justice or judge shall be recommended for censure or removal unless the justice or judge has been given a hearing affording due process of law.  Unless otherwise waived by the justice or judge involved, all papers filed with and proceedings before the Commission, including any preliminary investigation which the Commission may make, are confidential, except as otherwise provided in this section.
After the preliminary investigation is completed, and if the Commission concludes that formal proceedings should be instituted, the notice and complaint filed by the Commission, along with the answer and all other pleadings, are not confidential.  Formal hearings ordered by the Commission are not confidential, and recommendations of the Commission to the Supreme Court, along with the record filed in support of those recommendations, are not confidential.  Testimony and other evidence presented to the Commission is privileged in any action for defamation.  At least five members of the Commission shall concur in any recommendation to censure or remove any justice or judge.
A respondent who is recommended for censure or removal is entitled to a copy of the proposed record to be filed with the Supreme Court, and if the respondent has objections to it, to have the record settled by the Commission.  The respondent is also entitled to present a brief and to argue the case, in person and through counsel, to the Supreme Court.  A majority of the members of the Supreme Court voting shall concur in any order of censure or removal.  The Supreme Court may approve the recommendation, remand for further proceedings, or reject the recommendation.  A justice of the Supreme Court or a member of the Commission who is a judge is disqualified from acting in any case in which the justice or judge is a respondent.
(b)	The Commission may employ an executive secretary to assist it in carrying out its duties.  For specific cases, the Commission may also employ special counsel or call upon the Attorney General to furnish counsel.  For specific cases, the Commission may also employ an investigator or call upon the Director of the State Bureau of Investigation to furnish an investigator.  While performing duties for the Commission, an executive secretary, special counsel, or investigator has authority throughout the State to serve subpoenas or other process issued by the Commission in the same manner and with the same effect as an officer authorized to serve process of the General Court of Justice.
"§ 7B-703.  Censure or removal of justice of Supreme Court.
(a)	The recommendation of the Judicial Standards Commission for censure or removal of any justice of the Supreme Court for any grounds provided by G.S. 7B-701 shall be made to, and the record filed with, the Court of Appeals, which shall have and shall proceed under the same authority for censure or removal of any justice as is granted to the Supreme Court under G.S. 7B-701 and G.S. 7B-702(a) for censure or removal of any judge.
(b)	The proceeding shall be heard by a panel of the Court of Appeals consisting of the Chief Judge, who shall be the presiding judge of the panel, and six other judges, the senior in service, excluding the judge who is chairman of the Commission. For good cause, a judge may be excused by a majority of the panel. If the Chief Judge is excused, the presiding judge shall be designated by a majority of the panel. The vacancy created by an excused judge shall be filled by the judge of the court who is next senior in service.
"ARTICLE 8.
"Dispute Resolution Commission.
"§ 7B-800.  Purpose of Dispute Resolution Commission.
The General Assembly finds:
(1)	That arbitration and mediation procedures have been effectively used by trial courts;
(2)	That other alternative dispute resolution (ADR) procedures may also be effective;
(3)	That ADR programs and procedures redound to the public good, enhancing the courts' potential for expeditiously and economically resolving issues in litigation;
(4)	That information concerning the use and effectiveness of all ADR programs and procedures across the State should be compiled for the benefit of the General Assembly, the courts, and the public;
(5)	That an agency should be established to monitor all ADR programs and procedures, and the legislation governing them, through which the Supreme Court can exercise delegated and constitutional authority vested in the General Court of Justice.
"§ 7B-801.  Creation and membership.
The Dispute Resolution Commission is established as an independent commission within the Judicial Branch.  The commission shall consist of nine members, as follows:
(1)	Two judges and two certified providers of ADR, appointed by the Chief Justice of the Supreme Court;   
(2)	Two practicing attorneys who are not certified as ADR providers, appointed by the President of the North Carolina State Bar; and
(3)	Three citizens knowledgeable about ADR, one to be appointed by the Governor, one by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121, and one by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121.
Members shall serve four-year terms and may serve no more than two consecutive terms.  The Chief Justice shall designate the chair from the members who are judges.  The chair shall serve a two-year term as chair and is eligible for reappointment.
The Chief Justice may appoint no more than two additional members who have expertise or experience in ADR for terms of four years, upon certification to the General Assembly that unforeseen, additional, or unique issues or duties require the services of those persons as members and that the cost of the appointments is within the Commission's budget.
"§ 7B-802.  Authority.
The Commission may, subject to approval by the Supreme Court:
(1)	Monitor and regulate ADR procedures and programs authorized by statute or by rule of court;
(2)	Propose for adoption by the Supreme Court:
a.	Criteria for the qualification and certification for arbitrators, mediators, and other neutrals, for the qualification of training programs, and for the eligibility of personnel to participate in those programs; and
b.	Standards, rules, and policies as may be appropriate to achieve the purposes of the programs, and sanctions for their violation, including the deprivation of any right or privilege to participate in any program or procedure; and
(3)	Exercise the authority necessary and appropriate to implement the rules and standards adopted by the Supreme Court.
"§ 7B-803.  Administration.
The administration and management functions of the Commission, such as budgeting, office staffing, fiscal accounting, and similar management functions, shall be conducted in compliance with established requirements and practices governing State boards and commissions in consultation with and under the supervision of the Director of the Administrative Office of the Courts.  The Supreme Court has final authority to determine the respective powers and duties of the Commission and the Administrative Office of the Courts with respect to issues not made specific by statute.  The Commission, with the approval of the Supreme Court, shall establish a standard schedule of fees to be charged and collected on behalf of the Administrative Office of the Courts for the certifications and recertifications of arbitrators, mediators, other neutrals, and training programs designed to qualify persons for certification.  These fees shall be used by the Administrative Office of the Courts to maintain the operations of the Commission, its office and staff.
"§ 7B-804.  Research and planning.
The Administrative Office of the Courts and the Dispute Resolution Commission shall, in concert and independently, continually evaluate the effectiveness and value of ADR programs and procedures in use by the courts, and from time to time they may individually or jointly recommend to the Supreme Court those changes in existing programs and the creation of additional programs as are in the public interest and in harmony with the evolving civil justice system in this State.
"ARTICLE 9.
"Compensation of Judicial Officials.
"§ 7B-900.  Compensation of judges.
(a)	Before each regular biennial session of the General Assembly, the State Judicial Council shall review the compensation of justices and judges, including retirement and other benefits, and shall compare the salaries and benefits of those judicial officials with the compensation received by judges in other jurisdictions, by other State and local officials, and by attorneys in the private sector.  The Council then shall determine whether the current compensation of justices and judges is appropriate for those positions and whether it is adequate to attract to and keep in those offices individuals with the highest qualifications.
(b)	In its review and comparison of compensation, the State Judicial Council shall confer with the Governor and other State budget officials and with legislative leaders, to attempt to balance any proposed salary increases for justices and judges with those likely to be proposed for other State officials.
(c)	If, following the process described in subsections (a) and (b) of this section, the State Judicial Council decides that an increase in the salaries of justices and judges is appropriate, the Council may establish new salaries for justices and judges by the process set forth in this subsection.
No later than the thirtieth day of the legislative session, the Council shall notify the President Pro Tempore of the Senate and the Speaker of the House of Representatives in writing of the salaries to be paid justices and judges beginning on the following January 1.  The General Assembly may disapprove the new salaries by adoption of a joint resolution.
If the General Assembly fails to adopt such a resolution before enactment of the State budget for the upcoming fiscal year, the salaries established by the State Judicial Council become law the same as if they had been enacted by the General Assembly.
If the General Assembly disapproves the new salaries, the Council may establish a new salary level and notify the President Pro Tempore of the Senate and the Speaker of the House of Representatives in writing.  If notice of the new salaries is given to the legislative leaders at least 30 days before enactment of the budget for the upcoming fiscal year, the salaries shall become law unless disapproved by adoption of a joint resolution before enactment of the budget.
If the General Assembly has disapproved a salary increase in the first year of the biennium, the State Judicial Council may establish new salaries through this process in the second year of the biennium.  However, if a salary increase established by the Council becomes law during the first year of the biennium, no additional increase may be established during the second biennium.
The salaries established through this process shall not be subject to veto by the Governor.
(d)	In establishing salaries for justices and judges, the State Judicial Council shall provide that, except for differences based on years of service as a judge, salaries shall be uniform within the following categories:
(1)	Chief Justice;
(2)	Justice of the Supreme Court;
(3)	Chief Judge of the Court of Appeals;
(4)	Judge of the Court of Appeals;
(5)	Chief circuit judge; and
(6)	Circuit judge.
(e)	The State Judicial Council shall recommend to the General Assembly, as part of the regular budget process, any changes in retirement or other benefits, or subsistence or travel allowances, that it believes are appropriate for judicial officials.
(f)	No judicial official who is a member of the State Judicial Council shall participate in the Council's review of compensation of justices and judges, or in any other part of the proceedings described in this section for setting salaries or recommending changes in other forms of compensation.
"§ 7B-901.  Compensation of magistrates and clerks of court.
(a)	The Chief Justice and State Judicial Council shall recommend to the General Assembly the salaries and other compensation to be paid to magistrates and clerks of court, and that compensation shall be set by the General Assembly.
(b)	Salaries and other compensation for nonattorney magistrates shall be uniform throughout the State except for differences based on years of service as a judicial official.  Salaries and other compensation for attorney magistrates shall be uniform throughout the State except for differences based on years of service as a judicial official.  If a chief circuit judge designates a magistrate as the supervising magistrate for a county, additional compensation may be paid to that magistrate pursuant to a uniform statewide schedule.
(c)	In setting salaries and other compensation for clerks of court, the General Assembly may establish categories based on the county's population or caseload or a combination of those factors, and may set different levels of compensation according to those categories.  Salaries and compensation within each category shall be uniform throughout the State except for differences based on years of service as a clerk.
"ARTICLE 10.
"Supreme Court.
"§ 7B-1000.  Organization, compensation.
(a)	The Supreme Court shall consist of a Chief Justice and six associate justices appointed by the Governor as provided in G.S. 7B-201.  Before entering upon the duties of the office, each justice shall take an oath of office.  Four justices shall constitute a quorum for the transaction of the business of the Court.
(b)	Sessions of the Court shall be held in Raleigh and shall be scheduled by rule of the Court so as to discharge expeditiously the Court's business.
(c)	The compensation of justices shall be determined as provided in G.S. 7B-900.
"§ 7B-1001.  Authority to adopt rules, prescribe standards of conduct.
The Supreme Court may:
(1)	Establish and alter rules of civil and criminal procedure and rules of evidence for the Trial Division, subject to veto, but not amendment, by the General Assembly;
(2)	Prescribe standards of judicial conduct for the guidance of all justices and judges of the General Court of Justice; and
(3)	Censure or remove a justice or judge, upon recommendation of the Judicial Standards Commission, as provided in G.S. 7B-207.
"§ 7B-1002.  Clerk of the Supreme Court.
(a)	The clerk of the Supreme Court shall be appointed by the Court to serve at its pleasure, and shall perform those duties assigned by the Court.
(b)	Before entering upon the duties of the office, the clerk shall take an oath of office.
(c)	The compensation of the clerk shall be set by the Director of the Administrative Office of the Courts, subject to the approval of the State Judicial Council.  The clerk shall be bonded for faithful performance of the duties of the office, in the same manner as a clerk of court, and in an amount determined by the Director of the Administrative Office of the Courts.
(d)	The clerk may appoint and compensate assistants as authorized by the Director of the Administrative Office of the Courts.
(e)	The clerk shall adopt a seal of office, to be approved by the Supreme Court.
(f)	A fee bill for services rendered by the clerk shall be fixed by rule of the Supreme Court, and all such fees shall be remitted to the General Fund, except that charges to litigants for the reproduction of appellate records and briefs shall be fixed and administered as provided by rule of the Supreme Court.
(g)	Operations of the clerk shall be subject to oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
"§ 7B-1003.  Supreme Court library and librarian.
(a)	The Supreme Court shall appoint a librarian of the Supreme Court library, to serve at the pleasure of the Court. The annual salary of the librarian shall be fixed by the Director of the Administrative Office of the Courts, subject to the approval of the State Judicial Council. The librarian may appoint assistants in numbers and at salaries to be fixed by the Director, subject to the approval of the State Judicial Council.
(b)	The primary function of the Supreme Court library is to serve the Appellate Division of the General Court of Justice, but it may render service to the Trial Division of the General Court of Justice, to State agencies, and to the general public, under such regulations as the librarian, subject to the approval of the library committee, may promulgate.
(c)	The library shall be maintained in the City of Raleigh, except that if the Court of Appeals sits regularly in locations other than the City of Raleigh, branch libraries may be established at such locations for the use of the Court of Appeals.
(d)	The librarian shall promulgate rules and regulations for the use of the library, subject to the approval of a library committee, to be composed of two justices of the Supreme Court appointed by the Chief Justice, and one judge of the Court of Appeals appointed by the Chief Judge.
(e)	The librarian may adopt a seal of office.
(f)	The librarian may operate a copying service by means of which the librarian may furnish certified or uncertified copies of all or portions of any document, paper, book, or other writing in the library that legally may be copied. When a certificate is made under the librarian's hand and attested by the librarian's official seal, it shall be received as prima facie evidence of the correctness of the matter therein contained, and as such shall receive full faith and credit. The fees for copies shall be approved by the library committee, and the fees so collected shall be  administered in the same manner as the charges to litigants for the reproduction of appellate records and briefs.
"§ 7B-1004.  Appellate Division reporters.
The Supreme Court shall appoint one or more reporters for the Appellate Division to serve at its pleasure.  The reporters shall prepare for publication the opinions of the Supreme Court and the Court of Appeals, which shall be printed and distributed by the Director of the Administrative Office of the Courts as provided in G.S. 7B-407.  The salary of the reporters shall be fixed by the Administrative Office of the Courts, subject to the approval of the Supreme Court.
"ARTICLE 11.
"Court of Appeals.
"§ 7B-1100.  Organization, compensation.
(a)	The Court of Appeals shall consist of 12 judges appointed by the Governor as provided in G.S. 7B-201.  Before entering upon the duties of the office, each judge shall take an oath of office.
(b)	The Chief Justice shall designate one judge to serve as the Chief Judge of the Court of Appeals, at the pleasure of the Chief Justice.  If the Chief Judge is unable, because of absence or temporary incapacity, to perform the duties of the office, the Chief Justice may appoint an acting Chief Judge to temporarily discharge the duties of the office.
(c)	The Court of Appeals shall sit in panels of three judges each.  The Chief Judge shall attempt to assign members to panels so that each member sits nearly an equal number of times with each other member.  The Chief Judge shall preside over any panel of which the Chief Judge is a member and shall designate the presiding judge of the other panels.
(d)	Three judges shall constitute a quorum for transaction of the business of the Court, except as provided in G.S. 7B-1305.
(e)	The compensation of judges of the Court of Appeals shall be determined as provided in G.S. 7B-900.
"§ 7B-1101.  Seats and sessions of Court.
(a)	The Chief Judge shall schedule sessions of the Court of Appeals as required to discharge expeditiously the Court's business.
(b)	The Court shall sit in Raleigh and at those other locations the Chief Justice may designate.
"§ 7B-1102.  Clerk of the Court of Appeals.
(a)	The clerk of the Court of Appeals shall be appointed by the Court to serve at its pleasure and shall perform those duties assigned by the Court.
(b)	Before entering upon the duties of office, the clerk shall take the oath of office prescribed for the clerk of the Supreme Court.
(c)	The compensation of the clerk shall be set by the Director of the Administrative Office of the Courts, subject to the approval of the State Judicial Council.  The clerk shall be bonded for faithful performance of the duties of the office, in the same manner as a clerk of court, and in an amount determined by the Director of the Administrative Office of the Courts.
(d)	The clerk may appoint and compensate assistants as authorized by the Director of the Administrative Office of the Courts.
(e)	The clerk shall adopt a seal of office, to be approved by the Court of Appeals.
(f)	Subject to approval of the Supreme Court, the Court of Appeals shall promulgate a fee bill for services rendered by the clerk, and such fees shall be remitted to the General Fund, except that charges to litigants for the reproduction of appellate records and briefs shall be fixed and administered as provided by rule of the Supreme Court.
(g)	Operations of the clerk shall be subject to oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
"ARTICLE 12.
"Organization of the Trial Division.
"§ 7B-1200.  Circuits and allocation of judges.
(a)	The Trial Division shall be divided into circuits by the Chief Justice, with the advice and approval of the State Judicial Council, as provided in Section 9 of Article IV of the North Carolina Constitution.
(b)	A total of 297 judges are authorized for the Trial Division, to be allocated among the circuits by the Chief Justice, with the advice and consent of the State Judicial Council.
(c)	The Chief Justice may assign a trial judge to a different circuit on a temporary basis when needed because of an emergency, a backlog of cases, a conflict disqualifying the resident judges, or other good reason.
"§ 7B-1201.  Organization of the Trial Division in the circuit.
(a)	Within each circuit, the Trial Division shall be organized as follows:
(1)	A chief circuit judge;
(2)	Circuit judges;
(3)	A supervising judge for family cases, if the chief circuit judge decides that such a position is warranted by the family law caseload in the circuit and the State Judicial Council approves creation of the office;
(4)	One or more case managers for family cases, supervised by the circuit judges assigned to family cases;
(5)	Magistrates assigned to duties and supervised by the chief circuit judge;
(6)	A supervising magistrate for each county for which the chief circuit judge decides that such a position is warranted;
(7)	A circuit administrator supervised by the chief circuit judge;
(8)	A coordinator of alternative dispute resolution, supervised by the circuit administrator;
(9)	Employees of the circuit administrator's office, supervised by the circuit administrator;
(10)	A clerk of court for each county, supervised by the circuit administrator with respect to the clerk's administrative duties; and
(11)	Employees of the clerk's office in each county, supervised by the clerk.
(b)	Cases to be heard by circuit judges shall be divided into the following categories:
(1)	Major criminal. – All felonies and related misdemeanors that arise from the same incident or course of conduct;
(2)	Minor criminal. – All misdemeanors, except those that may be heard and decided by a magistrate, and all infractions;
(3)	Civil. – All civil matters except those listed in the family category and those that may be heard and decided by a magistrate or clerk of court; and
(4)	Family. – All matters involving intrafamily rights, relationships, and obligations, and all juvenile justice matters, including:
a.	Child abuse, neglect, and dependency;
b.	Delinquent and undisciplined juvenile matters;
c.	Emancipation of minors and termination of parental rights;
d.	Divorce;
e.	Annulment;
f.	Equitable distribution;
g.	Alimony and postseparation support;
h.	Child custody;
i.	Child support;
j.	Paternity;
k.	Adoption;
l.	Domestic violence civil restraining orders;
m.	Abortion consent waivers;
n.	Adult protective services; and
o.	Guardianship, involuntary commitment, and voluntary admissions to mental health facilities.
(c)	Cases to be heard in the Trial Division also shall include these categories:
(1)	Magistrates. – All matters within the jurisdiction of magistrates as provided in G.S. 7B-200; and
(2)	Clerks of court. – All matters within the judicial authority of clerks of court as provided in G.S. 7B-200.
(d)	After consulting with circuit judges, the circuit attorney, the circuit public defender, and the private bar, as appropriate, the circuit administrator shall recommend to the chief circuit judge a schedule for court to be held in the different counties in the circuit.  The chief circuit judge shall set the schedule for court and shall assign circuit judges to court in a manner that provides for court to be open in the circuit at all times and for each judge to move from county to county throughout the circuit.  The chief circuit judge, with the assistance of the circuit administrator, shall develop a procedure for assigning cases to judges in a manner that results in each judge receiving a balance of criminal and civil cases.  In making such assignments, however, the chief circuit judge shall take into account the experience and ability of the individual judges in the circuit to assure that the most complicated and difficult cases are heard by judges best suited for those matters.
(e)	The chief circuit judge shall assign circuit judges to hear family matters exclusively for periods of three years.  Unless special circumstances require otherwise, only judges who have completed the training required by the State Judicial Council shall be assigned this duty by the chief circuit judge.  If a judge assigned to family matters desires to continue in that position for longer than three years, the chief circuit judge may continue the assignment.  The chief circuit judge or the supervising family law judge, if there is one in the circuit, may further divide the family case category and assign judges to hear matters within those particular categories for specified periods of time.  While assigned to family matters, a circuit judge retains  full authority and jurisdiction over all other matters within the jurisdiction of the Trial Division and may be temporarily assigned by the chief circuit judge to those other matters as the need arises.
"§ 7B-1202.  Chief circuit judge.
(a)	The Chief Justice, with the advice and consent of the State Judicial Council, shall appoint one trial judge in each circuit to serve as the chief circuit judge for that circuit.  The chief circuit judge shall serve in that office at the pleasure of the Chief Justice.
(b)	The chief circuit judge shall:
(1)	Appoint and supervise a circuit administrator who shall serve at the pleasure of the chief circuit judge;
(2)	Appoint and supervise magistrates;
(3)	Designate the attorney magistrates within the circuit, if any, to be authorized to exercise the additional authority described in G.S. 7B-200(5) and, with the advice of the circuit judicial council, decide what restrictions to place on the exercise of that authority;
(4)	Designate one magistrate in a county as the supervising magistrate for that county, if needed;
(5)	Appoint clerks of court for the counties within the circuit, as provided in G.S. 7B-201;
(6)	Chair the circuit judicial council;
(7)	With the assistance of the circuit administrator, develop a schedule of courts and assign judges to those courts;
(8)	If authorized by the State Judicial Council, designate a circuit judge to serve as the supervising judge for the Family Court within that circuit;
(9)	Approve the employment of personnel by the circuit administrator;
(10)	Review and approve for presentation to the Director of the Administrative Office of the Courts the budget prepared for the circuit by the circuit administrator;
(11)	Review and approve modifications in the allocation of funds appropriated to the circuit, as proposed by the circuit administrator;
(12)	Review proposed modifications in the rules of practice for the circuit, as proposed by the circuit judicial council or the circuit bar, and seek approval of those modifications from the State Judicial Council; and
(13)	With the assistance of the circuit administrator and the public information office of the Administrative Office of the Courts, develop and implement public information and outreach programs for the circuit that inform the news media and public about the operation of the courts, that involve volunteer groups in assisting the courts, and that assist the public schools in educating their students about the judicial system.
(c)	All the chief circuit judges of the circuits shall constitute the Conference of Chief Circuit Judges, which shall meet at least once a year to consider matters of mutual interest.  The Director of the Administrative Office of the Courts shall arrange those meetings and shall provide staff assistance to the conference.
"§ 7B-1203.  Circuit administrator.
(a)	The circuit administrator is generally responsible for the administration of the court system within the circuit, including overall supervision of court employees and oversight of all financial matters.
(b)	The circuit administrator shall:
(1)	After consultation with the chief circuit judge and clerks of court, prepare and submit to the circuit judicial council the proposed budget for the circuit and, upon the approval of the circuit judicial council, submit that budget to the Director of the Administrative Office of the Courts;
(2)	Supervise clerks of court with respect to the administrative duties of that office;
(3)	Review the financial operations of each clerk's office at least once a year;
(4)	Employ and supervise the employees of the circuit other than those employed by the clerks' offices;
(5)	As provided in G.S. 7B-1201, assist the chief circuit judge in developing a procedure for the assignment of cases to judges;
(6)	Assign cases to magistrates and clerks of court;
(7)	In consultation with the clerks of court, circuit judges, county officials, circuit attorneys, and public defenders, periodically assess the facility needs of the circuit and recommend modification or construction of facilities to the Director of the Administrative Office of the Courts; and
(8)	Periodically assess the needs of the judges, magistrates, clerks and court personnel within the circuit for continuing education or training, and arrange for that education or training, either through programs offered statewide by the Administrative Office of the Courts or other agencies or through programs provided locally with the approval of the Director of the Administrative Office of the Courts.
(c)	The circuit administrator shall arrange meetings of the circuit judicial council and, working with the council, shall be responsible for coordinating the court's functions with those of other related agencies so as to best serve the needs of the public and avoid undue delay or inconvenience to jurors, witnesses, and litigants.
"§ 7B-1204.  Clerk of court.
(a)	There shall be a clerk of court for each county.
(b)	The clerk of court, pursuant to procedures established by the Director of the Administrative Office of the Courts, shall be responsible for all clerical and financial functions of the Trial Division within the clerk's county.
(c)	The clerk of court shall be responsible for employing, training, supervising, and dismissing employees within the clerk's office.  All employees of the clerk's office shall be subject to the salary schedule and personnel rules established by the Director of the Administrative Office of the Courts, which shall include a uniform statewide schedule of salary, benefits, paid leave, and other conditions of employment.
(d)	The clerk of court may establish a management organization within the office that allows the clerk to delegate specified responsibilities to assistants and that permits the employees to whom those responsibilities are delegated to be compensated accordingly pursuant to the salary schedule established by the Director of the Administrative Office of the Courts.
(e)	The Director of the Administrative Office of the Courts shall require, or purchase, individual or blanket bonds for any or all clerks of court and their employees, the bond or bonds to be conditioned on faithful performance of their duties and made  payable to the State.  The premiums for these bonds shall be paid by the State.
(f)	The Director of the Administrative Office of the Courts, subject to approval of the State Auditor, shall establish procedures for the receipt, deposit, protection, investment, and disbursement of all funds coming into the hands of the clerk of court.  The clerk shall invest funds as provided in G.S. 7B-1205.  The fees to be remitted to counties and cities shall be paid to them monthly.
(g)	The clerk of court also possesses certain judicial powers as specified in G.S. 7B-200.  The clerk may delegate this judicial authority to specified assistants.
"§ 7B-1205.  Investment of funds in clerk's hands; deposit of money held by clerks.
(a)	The clerk of court may invest moneys secured by virtue or color of the clerk's office or as receiver in any of the following securities:
(1)	Obligations of the United States or obligations fully guaranteed both as to principal and interest by the United States;
(2)	Obligations of the State of North Carolina;
(3)	Obligations of North Carolina cities or counties approved by the Local Government Commission; and
(4)	Shares of any building and loan association organized under the laws of this State, or of any federal savings and loan association having its principal office in this State, and certificates of deposit for time deposits or savings accounts in any bank or trust company authorized to do business in North Carolina, to the extent in each instance that those shares or deposits are insured by the State or federal government or any agency of the State or federal government or by any mutual deposit guaranty association authorized by the Administrator of the Savings Institutions Division of North Carolina to do business in North Carolina pursuant to Article 7A of Chapter 54 of the General Statutes. If the clerk desires to deposit in a bank, savings and loan, or trust company funds entrusted to the clerk by virtue or color of the clerk's office, beyond the extent that such deposits are insured by the State or federal government or an agency of the State or federal government or by any mutual deposit guaranty association authorized by the Administrator of the Savings Institutions Division of North Carolina to do business in North Carolina pursuant to Article 7A of Chapter 54 of the General Statutes, the clerk shall require that depository to furnish a corporate surety bond or obligations of the United States or obligations fully guaranteed both as to principal and interest by the United States or obligations of the State of North Carolina, or of counties and municipalities of North Carolina whose obligations have been approved by the Local Government Commission.
(b)	When money in a single account in excess of two thousand dollars ($2,000) is received by the clerk by virtue or color of the clerk's office and it can reasonably be expected that the money will remain on deposit with the clerk in excess of six months from date of receipt, the money exceeding two thousand dollars ($2,000) shall be invested by the clerk within 60 days of receipt in investments authorized by this section. The first two thousand dollars ($2,000) of these accounts and money in a single account totaling less than two thousand dollars ($2,000), received by the clerk by virtue or color of the clerk's office, shall be invested, or administered, or invested and administered, by the clerk in accordance with regulations promulgated by the Director of the Administrative Office of the Courts. This subsection shall not apply to cash bonds or to money received by the clerk to be disbursed to governmental units.
(c)	The clerk of court shall deposit any funds received by that office, except funds invested pursuant to subsections (a) and (b) of this section in an interest-bearing checking account or accounts in a bank, savings and loan, or trust company licensed to do business in North Carolina, at the maximum feasible interest rate available taking into consideration prevailing interest rates and the checking account services provided to the clerk's office by the bank, savings and loan, or trust company. The funds deposited in such checking accounts shall be guaranteed to the same extent and in the same manner as funds invested pursuant to subsections (a) and (b) of this section.
(d)	The State Auditor may inspect the records of the clerk to insure compliance with this section, and the State Auditor shall report noncompliance with the provisions of this section to the Director of the Administrative Office of the Courts.
(e)	It shall be unlawful for the clerk of court of any county receiving any money by virtue or color of the clerk's office to apply or invest any of it except as authorized under this section. Any clerk violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
"§ 7B-1206.  Procedures applicable to civil cases generally.
(a)	Pursuant to guidelines of the State Judicial Council, each circuit shall have a case management system that includes standards and goals for the processing of all cases so as to best serve the public and that assigns responsibility to specific officials and employees for meeting those standards.
(b)	The Director of the Administrative Office of the Courts shall provide or arrange for training in case management techniques for all judicial officials and court personnel with that responsibility, and the circuit administrator shall be responsible for assessing the needs for that training within the circuit.
(c)	The case management system for each circuit shall include full and appropriate use of alternative dispute resolution. The system shall be designed to encourage the resolution of disputes without filing a civil action, through the use of community-based mediation centers or other means that may be available.  Subject to the guidelines established by the State Judicial Council, each civil case should be assigned initially to a form of alternative dispute resolution except where good cause is shown for an exemption.
"§ 7B-1207.  Procedures applicable to family cases.
(a)	The management of family law cases in each circuit should be governed by a case manager/case management team approach.  Under this approach, each judge assigned to hear family cases is assisted by a team headed by a case manager.  The case manager is assigned to work specifically with one or more judges.  The remainder of the team includes the appropriate personnel for providing a full range of services necessary to conclude each case expeditiously and in a manner that best serves the interests of the entire family.  Members of a team may include social workers, psychologists, domestic violence specialists, alternative dispute resolution specialists, juvenile court counselors, and other appropriate personnel.
(b)	All matters involving the same family should be assigned to the same judge and the same case management team.
(c)	The circuit administrator shall arrange for the availability of mediation and other forms of alternative dispute resolution to individuals before and in lieu of filing an action that would be assigned to a family law judge.
(d)	The case management system for matters in the family law category shall include full use of alternative dispute resolution when appropriate.  Generally, a form of alternative dispute resolution should be available for all types of cases in the family law category and should be mandatory except in cases involving domestic violence or other cases where the parties are exempted by a family law judge for good cause shown.  The case manager shall monitor compliance with alternative dispute requirements and shall report on progress or, if alternative dispute resolution appears unlikely to resolve the matter, refer the case back to the family law judge for pretrial procedures.
(e)	For cases which are not resolved through alternative dispute resolution, the judge to whom the case is assigned shall conduct a scheduling conference after the case manager has reported that alternative dispute resolution is unsuccessful.  The conference shall be held within the time limits established by the State Judicial Council.  At that conference, the judge shall set a schedule for completion of discovery, any necessary pretrial conferences and the trial.  The case manager shall monitor compliance with the scheduling order, but only the judge may extend the deadlines or otherwise alter the schedule.
(f)	A program providing mediation as a means of resolving disputes over child custody or visitation rights should be established as part of the court in the circuit.  Where practicable, such a program should be provided in each county in the circuit.  A family law judge may appoint an attorney to represent the child in child custody and visitation proceedings and tax the attorney's fee as costs in the case.
"§ 7B-1208.  Alternative dispute resolution.
(a)	The General Assembly finds that various forms of court-ordered alternative dispute resolution, including court-ordered nonbinding arbitration and mediated settlement conferences, may be a more economical, efficient, and satisfactory procedure for resolving certain civil actions than traditional civil litigation.  Accordingly, the General Assembly encourages the development of these alternatives within the Judicial Branch and supports the Supreme Court in the use of its rule-making authority to expand these programs.
(b)	The parties to a civil action in which nonbinding arbitration, a mediated settlement conference, or other form of alternative dispute resolution is ordered, their attorneys and other persons or entities with authority, by law or by contract, to settle the parties' claims shall attend the alternative dispute resolution unless excused by rules of the Supreme Court or by order of the circuit judge.  Nothing in this section shall require any party or other participant to make a settlement offer or demand which it considers contrary to its best interests.
(c)	Any person required to attend nonbinding arbitration, a mediated settlement conference, or other form of alternative dispute resolution, who, without good cause, fails to attend in compliance with this section, shall be subject to any appropriate monetary sanction imposed by a circuit judge, including the payment of attorneys' fees, arbitrator or mediator fees, and expenses incurred in attending the conference.
(d)	Arbitrators, mediators, and other neutrals acting pursuant to this section shall have judicial immunity in the same manner and to the same extent as a judge of the General Court of Justice, except that these neutrals may be disciplined in accordance with enforcement procedures adopted by the Supreme Court.
(e)	Costs of nonbinding arbitration, mediated settlement conferences, or other court-ordered forms of alternative dispute resolution shall be borne by the parties, except as otherwise provided by law. Unless otherwise ordered by the court or agreed to by the parties, the arbitrator or mediator fees shall be paid in equal shares by the parties. For purposes of this section, multiple parties shall be considered one party when they are represented by the same counsel. The rules adopted by the Supreme Court implementing this section shall set out a method whereby parties found by the court to be unable to pay the costs of the alternative dispute resolution are afforded an opportunity to participate without cost. The rules adopted by the Supreme Court shall set the fees to be paid an arbitrator or mediator appointed by a judge upon the failure of the parties to designate a person for that purpose.
"§ 7B-1209.  Publication or broadcast of reports of open court proceedings or reports of public records.
No court shall:
(1)	Restrict the publication or broadcast of any report concerning any matter occurring in open court in any hearing, trial, or other civil or criminal proceeding; or
(2)	Restrict the publication or broadcast of the contents of any public record.
Any order issued by any court in violation of the provisions of this section is invalid, and any order of contempt issued for the violation of that order is invalid.
"ARTICLE 13.
"Jurisdiction and Rights of Appeal.
"§ 7B-1300.  Original jurisdiction of the Trial Division.
(a)	Original general jurisdiction of all justiciable civil and criminal matters cognizable in the General Court of Justice is vested in the Trial Division.
(b)	Within the Trial Division, exclusive original jurisdiction is vested in the clerk of court for:
(1)	The probate of wills and the administration of decedents' estates;
(2)	Special proceedings, except proceedings under the Protection of the Abused, Neglected or Exploited Disabled Adult Act, Article 6 of Chapter 108A of the General Statutes, and proceedings for involuntary commitment to treatment facilities, Article 5A of Chapter 122 of the General Statutes; and
(3)	All proceedings involving the appointment of guardians and the administration by legal guardians and trustees of express trusts of the estates of their wards and beneficiaries.
"§ 7B-1301.  Appellate jurisdiction.  
The Supreme Court and the Court of Appeals have jurisdiction to review upon appeal decisions of courts of the Trial Division and of administrative agencies, upon matters of law or legal inference, in accordance with the system of appeals provided in this Article.  Circuit judges have jurisdiction to review upon appeal decisions of magistrates, clerks of court, and administrative agencies, as provided in this Article.
"§ 7B-1302.  Rights of appeal.
(a)	For all matters heard and decided originally by a clerk of court, appeals are as provided in Article 27 of Chapter 1 of the General Statutes.
(b)	Appeals from decisions of magistrates shall be as provided in this subsection.  The losing party in a civil matter has an appeal of right to a circuit judge of the circuit for a trial de novo.  A person who has denied responsibility and against whom judgment has been entered for an infraction has an appeal of right to a circuit judge of the circuit for a trial de novo.  For any other contested matter decided by a magistrate, the losing party has an appeal of right to a circuit judge of the circuit.
(c)	There is an appeal of right to a circuit judge from the final decision of any administrative agency, except as provided below.
(d)	There is an appeal of right to the Court of Appeals from:
(1)	Any final judgment of a court of the Trial Division, other than a judgment in a criminal case based upon a plea of guilty or no contest;
(2)	Any interlocutory order or judgment of a court of the Trial Division in a civil matter, which:
a.	Affects a substantial right;
b.	In effect determines the action and prevents a judgment from which appeal might be taken;
c.	Discontinues the action; or
d.	Grants or refuses a new trial;
(3)	Any other order or judgment of a court of the Trial Division for which another statute provides a right of appeal;
(4)	Final orders and decisions of the:
a.	Utilities Commission, except those governed by subsection (e) of this section;
b.	Department of Human Resources pursuant to G.S. 131E-188(b);
c.	Commissioner of Banks pursuant to Articles 17 and 18 of Chapter 53 of the General Statutes;
d.	Administrator of Savings and Loans pursuant to Article 3A of Chapter 54B of the General Statutes;
e.	Industrial Commission;
f.	State Bar pursuant to G.S. 84-28;
g.	Property Tax Commission pursuant to G.S. 105-290 and G.S. 105-342;
h.	Board of State Contract appeals pursuant to G.S. 143-135.9;
i.	Commissioner of Insurance pursuant to G.S. 59-9.4; and
j.	Governor's Waste Management Board pursuant to G.S. 130A-293 and G.S. 104E-6.2.
(e)	There is an appeal of right to the Supreme Court from:
(1)	Any decision of the Court of Appeals rendered in a case:
a.	Which directly involves a substantial question arising under the Constitution of the United States or and the Constitution of North Carolina; or
b.	In which there is a dissent; and
(2)	Any final order or decision of the Utilities Commission in a general rate case.
"§ 7B-1303.  Final decisions of the Court of Appeals.
The following decisions of the Court of Appeals are final and not subject to review by the Supreme Court by appeal, motion, certification, writ, or otherwise:
(1)	Decisions upon review of motions for appropriate relief listed in G.S. 15A-1415(b); and
(2)	Decisions upon review of valuation of exempt property under Chapter 1C of the General Statutes.
"§ 7B-1304.  Discretionary review by the Supreme Court.
(a)	In any cause in which appeal is taken to the Court of Appeals, except a cause appealed from the North Carolina Industrial Commission, the North Carolina State Bar pursuant to G.S. 84-28, the Property Tax Commission pursuant to G.S. 105-345, the Board of State Contract Appeals pursuant to G.S. 143-135.9, or the Commissioner of Insurance pursuant to G.S. 58-2-80, or a motion for appropriate relief or valuation of exempt property pursuant to G.S.  7B-1303, the Supreme Court may, in its discretion, on motion of any party to the cause or on its own motion, certify the cause for review by the Supreme Court,  either before or after it has been determined by the Court of Appeals. A cause appealed to the Court of Appeals from any of the administrative bodies listed in the preceding sentence may be certified in similar fashion, but only after determination of the cause in the Court of Appeals. The effect of this certification is to transfer the cause from the Court of Appeals to the Supreme Court for review by the Supreme Court. If the cause is certified for transfer to the Supreme Court before its determination in the Court of Appeals, review is not had in the Court of Appeals but the cause is forthwith transferred for review in the first instance by the Supreme Court. If the cause is certified for transfer to the Supreme Court after its determination by the Court of Appeals, the Supreme Court reviews the decision of the Court of Appeals.
Except in motions within the purview of G.S. 7B-1303, the State may move for certification for review of any criminal cause, but only after determination of the cause by the Court of Appeals.
(b)	In causes subject to certification under subsection (a) of this section, certification may be made by the Supreme Court before determination of the cause by the Court of Appeals when in the opinion of the Supreme Court:
(1)	The subject matter of the appeal has significant public interest;
(2)	The cause involves legal principles of major significance to the jurisprudence of the State;
(3)	Delay in final adjudication is likely to result from failure  to certify and thereby cause substantial harm; or
(4)	The workload of the courts of the Appellate Division is such that the expeditious administration of justice requires certification.
(c)	In causes subject to certification under subsection (a) of this section, certification may be made by the Supreme Court after determination of the cause by the Court of Appeals when in the opinion of the Supreme Court:
(1)	The subject matter of the appeal has significant public interest;
(2)	The cause involves legal principles of major significance to the jurisprudence of the State; or
(3)	The decision of the Court of Appeals appears likely to be in conflict with a decision of the Supreme Court.
Interlocutory determinations by the Court of Appeals, including orders remanding the cause for a new trial or for other proceedings, shall be certified for review by the Supreme Court only upon a determination by the Supreme Court that failure to certify would cause a delay in final adjudication which would probably result in substantial harm.
(d)	The procedure for certification by the Supreme Court on its own motion, or upon petition of a party, shall be prescribed by rule of the Supreme Court.
"§ 7B-1305.  Power of Supreme Court and Court of Appeals to issue remedial writs.
(a)	The Supreme Court and the Court of Appeals have jurisdiction, exercisable by any one of the justices or judges of the respective courts, to issue the writ of habeas corpus upon the application of any person described in G.S. 17-3, according to the practice and procedure provided therefor in Chapter 17 of the General Statutes, and to rule of the Supreme Court.
(b)	The Supreme Court has jurisdiction, exercisable by one justice  or by such number of justices as the court may by rule provide, to issue the prerogative writs, including mandamus, prohibition, certiorari, and supersedeas, in aid of its own jurisdiction or in exercise of its general power to supervise and control the proceedings of any of the other courts of the General Court of Justice. The practice and procedure shall be as provided by statute or rule of the  Supreme Court, or, in the absence of statute or rule, according to the practice and procedure of the common law.
(c)	The Court of Appeals has jurisdiction, exercisable by one judge or by such number of judges as the Supreme Court may by rule provide, to issue the prerogative writs, including mandamus, prohibition, certiorari, and supersedeas, in aid of its own jurisdiction, or to supervise and control the proceedings of any of the circuit courts, the Utilities Commission, or the Industrial Commission. The practice and procedure shall be as provided by statute or rule of the Supreme Court, or, in the absence of statute or rule, according to the practice and procedure of the common law.
"ARTICLE 14.
"Circuit Judicial Councils.
"§ 7B-1400.  Composition of circuit judicial councils.
(a)	Each circuit shall have a circuit council consisting of the following members, each of whom shall reside in the circuit:
(1)	The chief circuit judge, who shall chair the council;
(2)	The circuit public defender;
(3)	The circuit attorney;
(4)	A clerk of court, chosen by the clerks in the circuit;
(5)	A representative of the Department of Correction, chosen by the Secretary of Correction;
(6)	A director of social services, chosen by the directors in the circuit;
(7)	A representative of law enforcement, chosen by the chief circuit judge;
(8)	A person engaged in providing alternative dispute resolution, chosen by the chief circuit judge;
(9)	Three attorneys chosen by the circuit bar, one of whom is engaged in the practice of family law, one of whom is engaged in civil practice generally, and one of whom is engaged in criminal defense.  If the circuit consists of three or more counties, no two of these members may reside in the same county; and
(10)	The following members appointed by the boards of county commissioners for the counties in the circuit:
a.	If the circuit consists of six or fewer counties, there shall be six such members.  If the circuit consists of two, three, or six counties, each board of commissioners shall appoint an equal number of members.  If the circuit consists of four or five counties, the counties shall rotate the appointment of the extra member or members according to a schedule established by the chief circuit judge; or
b.	If the circuit consists of more than six counties, there shall be one member appointed  by each board of commissioners.
(b)	Members of a circuit judicial council shall serve staggered terms of four years pursuant to a schedule established by the chief circuit judge.  All terms shall begin on July 1 of odd-numbered years and expire on June 30 of odd-numbered years.
(c)	Any vacancy on a circuit judicial council shall be filled by the same official or entity who selected the person vacating that position.
(d)	The persons responsible for selecting members of a circuit judicial council shall confer with each other and attempt to arrange their selections to provide fair representation on the council for each county in the circuit, including members of both genders and each major racial group in the circuit.
"§ 7B-1401.  Duties of circuit judicial councils.
(a)	Each circuit judicial council shall periodically evaluate the operation of the courts within the circuit to determine whether they are serving the public properly and whether they are meeting the standards and goals established by the State Judicial Council.
(b)	Each circuit judicial council shall work with the circuit administrator to coordinate the court's functions with those of other related agencies so as to best serve the needs of the public and avoid undue delay or inconvenience to jurors, witnesses, and litigants.
(c)	Each circuit judicial council shall:
(1)	Advise the circuit administrator and chief circuit judge on the budgetary needs of the circuit;
(2)	Advise the circuit administrator on the needs for facilities in the circuit; and
(3)	Advise the chief circuit judge on modifications in the rules of practice for the circuit.
"ARTICLE 15.
"Community Penalties Act.
"§ 7B-1500.  Purpose.
This Article shall be known and may be cited as the 'Community Penalties Act of 1983.' The purpose of this Article is to reduce prison overcrowding by providing the judicial system with community sentences to be used in lieu of and at less cost than imprisonment. In furtherance of this purpose, this Article provides for the following:
(1)	Establishment of local sentencing alternatives for felons who require less than institutional custody but more than regular probation supervision;
(2)	Increased opportunities for certain felons to make restitution to victims of crime through financial reimbursement or community service;
(3)	Local involvement in the development of community penalties to assure that they are specifically designed to meet local needs; and
(4)	Reduced expenditures of State funds through an emphasis on alternative penalties for offenders so that new prisons need not be built or new space added.
"§ 7B-1501.  Definitions.
	As used in this Article:
(1)	'Community penalties program' means an agency or State-run office within the circuit which shall (i) prepare community penalty plans; (ii) arrange or contract with public and private agencies for necessary services for offenders; and (iii) monitor the progress of offenders placed on community penalty plans.
(2)	'Community penalty plan' means a plan presented in writing to the sentencing judge which provides a detailed description of the targeted offender's proposed community penalty.
(2a)	'Director' means the Director of the Administrative Office of the Courts.
(3)	'Targeted offenders' means persons convicted of misdemeanors or felonies who are eligible to receive an intermediate punishment based on their class of offense and prior record level and who are facing an imminent and substantial threat of imprisonment.
"§ 7B-1502.  Allocation of funds.
(a)	The Director may award grants in accordance with the policies established by this Article and in accordance with any laws made for that purpose, including appropriations acts and provisions in appropriations acts, and adopt regulations for the implementation, operation, and monitoring of community penalties programs. Community penalties programs that are grantees shall use such funds to develop, implement, and monitor community penalty plans. Grants shall be awarded by the Director to agencies whose comprehensive program plans promise best to meet the goals set forth herein.
(b)	The Director may establish local community penalties programs and appoint staff as the Director deems necessary. These personnel may serve as full-time or part-time State employees or may be hired on a contractual basis when determined appropriate by the Director. Contracts entered under the authority of this subsection shall be exempt from the competitive bidding procedures under Chapter 143 of the General Statutes. The Administrative Office of the Courts shall adopt rules necessary and appropriate for the administration of the program. Funds appropriated by the General Assembly for the establishment and maintenance of community penalties programs under this Article shall be administered by the Administrative Office of the Courts.
"§ 7B-1503.  Responsibilities of a community penalties program.
A community penalties program shall be responsible for:
(1)	Targeting offenders who are eligible to receive an intermediate punishment based on their class of offense and prior record level and who face an imminent and substantial threat of imprisonment;
(2)	Preparing detailed community penalty plans for presentation to the sentencing judge by the offender's attorney or at the request of the sentencing judge;
(3)	Contracting or arranging with public or private agencies for services described in the community penalty plan; and
(4)	Monitoring the progress of offenders under community penalty plans.
"§ 7B-1504.  Requirements for a comprehensive community penalties program plan.
Agencies applying for grants shall prepare a comprehensive community penalties program plan for the development, implementation, operation, and improvement of a community penalties program for the circuit, as prescribed by the Director. Such plan shall include:
(1)	Objectives of the community penalties program;
(2)	Goals for reduction of offenders committed to prison for each county within the circuit, and a system of monitoring the number of commitments to prison;
(3)	Procedures for identifying targeted offenders, and a plan for referral of targeted offenders to the community penalties program;
(4)	Procedures for preparing and presenting community penalty plans to the court;
(5)	Procedures for obtaining services from existing public or private agencies, and a detailed budget for staff, contracted services, and all other costs;
(6)	Procedures for monitoring the progress of offenders on community penalty plans and for cooperating with the probation personnel who have supervisory responsibility for the offender;
(7)	Procedures for returning offenders who do not comply with their community penalty plan to court for action by the court; and
(8)	Procedures for evaluating the program's effect on numbers of prison commitments.
"§ 7B-1505.  Community penalties board.
Each community penalties program shall establish a community penalties board to provide direction and assistance to the community penalties program in the implementation and evaluation of the plan. Community penalties boards may be organized as nonprofit corporations under Chapter 55A of the General Statutes.  The community penalties board shall consist of not less than 12 members, and shall include, insofar as possible, judges, circuit attorneys, attorneys, social workers, law enforcement officers, probation officers, and other interested persons.  The community penalties board shall meet on a regular basis, and its duties include the following:
(1)	Development of an annual budget for the program;
(2)	Hiring, firing, and evaluation of program personnel;
(3)	Selection of board members;
(4)	Arranging for a private and independent annual audit; and
(5)	Development of procedures for contracting for services.
"§ 7B-1506.  Limitation on use of funds.
Funds provided for use under the provisions of this Article shall not be used for the operating costs, construction, or any other costs associated with local jail confinement.
"§ 7B-1507.  Evaluation.
The Director shall evaluate each community penalties program on an annual basis to determine the degree to which the prison commitments have been reduced or have been kept from increasing as a result of the community penalties program. The Director shall not renew or continue a program that has failed to affect commitments and that shows no promise of doing so in the future, after allowing for changes in the number of convictions.
"ARTICLE 16.
"Costs and Fees.
"§ 7B-1600.  Purposes of costs and fees in the General Court of Justice.
Fees are assessed in proceedings in the General Court of Justice to help defray the costs of operating the courts, but it is not the policy of this State for the Judicial Branch to be fully supported by the revenues it collects.  Rather, it is intended to set fees at a level that assures that litigants appreciate the gravity of their undertaking but that does not make financial resources a significant factor in deciding whether to litigate.  The portion of fees charged for the support of facilities are not intended to fully satisfy the counties' obligation to provide adequate facilities for the courts.
"§ 7B-1601.  Costs in criminal actions.
(a)	In every criminal case in the circuit court, wherein the defendant is convicted, or enters a plea of guilty or no contest, or when costs are assessed against the prosecuting witness, the following costs shall be assessed and collected, except that when the judgment imposes an active prison sentence, costs shall be assessed and collected only when the judgment specifically so provides, and that no costs may be assessed when a case is dismissed.
(1)	For each arrest or personal service of criminal process, including citations and subpoenas, the sum of five dollars ($5.00), to be remitted to the county wherein the arrest was made or process was served, except that in those cases in which the arrest was made or process served by a law enforcement officer employed by a municipality, the fee shall be paid to the municipality employing the officer.
(2)	For the use of the courtroom and related judicial facilities, the sum of six dollars ($6.00) in misdemeanor and infraction cases, and the sum of twenty-four dollars ($24.00) in felony cases, to be remitted to the county in which the judgment is rendered. In all cases where the judgment is rendered in facilities provided by a municipality, the facilities fee shall be paid to the municipality. Funds derived from the facilities fees shall be used exclusively by the county or municipality for providing, maintaining, and constructing adequate courtroom and related judicial facilities, including: adequate space and furniture for judges, circuit attorneys, public defenders, magistrates, juries, and other court related personnel; office space, furniture and vaults for the clerk; jail and juvenile detention facilities; free parking for jurors; and a law library (including books) if one has heretofore been established or if the governing body hereafter decides to establish one. In the event the funds derived from the facilities fees exceed what is needed for these purposes, the county or municipality may, with the approval of the Administrative Officer of the Courts as to the amount, use any or all of the excess to retire outstanding indebtedness incurred in the construction of the facilities, or to reimburse the county or municipality for funds expended in constructing or renovating the facilities, or to supplement the operations of the General Court of Justice in the county.
(3)	For the retirement and insurance benefits of both State and local government law enforcement officers, the sum of seven dollars and twenty-five cents ($7.25), to be remitted to the State Treasurer. Fifty cents (50¢) of this sum shall be administered as is provided in Article 12C of Chapter 143 of the General Statutes. Five dollars and seventy-five cents ($5.75) of this sum shall be administered as is provided in Article 12E of Chapter 143 of the General Statutes, with one dollar and twenty-five cents ($1.25) being administered in accordance with the provisions of G.S. 143-166.50(e). One dollar ($1.00) of this sum shall be administered as is provided in Article 12F of Chapter 143 of the General Statutes.
(3a)	For the supplemental pension benefits of sheriffs, the sum of seventy-five cents (75¢) to be remitted to the Department of Justice and administered under the provisions of Article 12G of Chapter 143 of the General Statutes.
(4)	For support of the General Court of Justice, the sum of forty-six dollars ($46.00) in misdemeanor and infraction cases, and the sum of fifty-three dollars ($53.00) in felony cases, to be remitted to the State Treasurer.
(5)	For using pretrial release services, the circuit court judge shall, upon conviction, impose a fee of fifteen dollars ($15.00) to be remitted to the county providing the pretrial release services. This cost shall be assessed and collected only if the defendant had been accepted and released to the supervision of the agency providing the pretrial release services.
(6)	For support of the General Court of Justice, for the issuance by the clerk of a report to the Division of Motor Vehicles pursuant to G.S. 20-24.2, the sum of fifty dollars ($50.00), to be remitted to the State Treasurer. Upon a showing to the court that the defendant failed to appear because of an error or omission of a judicial official, a prosecutor, or a law enforcement officer, the court shall waive this fee.
(a1)	The costs assessed pursuant to subsection (a) of this section may also be collected by clerks of court for charges in which a party elects to pay the court's costs to satisfy the requirements of G.S. 20-7.2. Costs collected pursuant to this subsection shall be allocated in the same manner as other costs collected pursuant to this section. If a party elects to pay the costs of court to satisfy the requirements of G.S. 20-7.2 and is subsequently adjudged guilty of the same charge by the court, he shall not be required to pay the costs of court again for that charge, but he is subject to any other orders of the court, including an order to pay a fine.
(b)	Witness fees, expenses for blood tests and comparisons incurred by G.S. 8-50.1(a), jail fees and cost of necessary trial transcripts shall be assessed as provided by law in addition to other costs set out in this section. Nothing in this section shall limit the power or discretion of the judge in imposing fines or forfeitures or ordering restitution.
(c)	In any criminal case in which the liability for costs, fines, restitution, or any other lawful charge has been finally determined, the clerk of court shall, unless otherwise ordered by the presiding judge, disburse such funds when paid in accordance with the following priorities:
(1)	Costs due the county;
(2)	Costs due the city;
(3)	Fines to the county school fund;
(4)	Sums in restitution prorated among the persons entitled thereto;
(5)	Costs due the State;
(6)	Attorneys' fees.
Sums in restitution received by the clerk of court shall be disbursed when:
(1)	Complete restitution has been received; or
(2)	When, in the opinion of the clerk, additional payments in restriction will not be collected; or
(3)	Upon the request of the person or persons entitled thereto; and
(4)	In any event, at least once each calendar year.
"§ 7B-1602.  Costs in civil actions.
(a)	In every civil action in the circuit court the following costs shall be assessed:
(1)	For the use of the courtroom and related judicial facilities, the sum of six dollars ($6.00) in cases heard before a magistrate, and the sum of ten dollars ($10.00) in circuit court, to be remitted to the county in which the judgment is rendered, except that in all cases in which the judgment is rendered in facilities provided by a municipality, the facilities fee shall be paid to the municipality. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.
(2)	For support of the General Court of Justice, the sum of fifty-five dollars ($55.00) in the circuit court, except that if the case is assigned to a magistrate the sum shall be twenty-eight dollars ($28.00). Sums collected under this subsection shall be remitted to the State Treasurer.
(b)	On appeal, costs are cumulative, and when cases heard before a magistrate are appealed to the circuit court, the General Court of Justice fee and the facilities fee applicable in the circuit court shall be added to the fees assessed before the magistrate. When an order of the clerk of court is appealed to the circuit court, no additional General Court of Justice fee or facilities fee shall be assessed.
(c)	When a defendant files an answer in an action filed as a small claim which requires the entire case to be withdrawn from a magistrate and transferred to the circuit court, the difference between the General Court of Justice fee and facilities fee applicable to the circuit court and the General Court of Justice fee and facilities fee applicable to cases heard by a magistrate shall be assessed. The defendant is responsible for paying the fee.
(d)	The clerk of court, at the time of the filing of the papers initiating the action or the appeal, shall collect as advance court costs, the facilities fee and General Court of Justice fee, except in suits by an indigent. The clerk shall also collect the fee for discovery procedures under Rule 27(a) and (b) at the time of the filing of the verified petition.
(e)	The following expenses, when incurred, are also assessable or recoverable, as the case may be:
(1)	Witness fees, as provided by law.
(2)	Jail fees, as provided by law.
(3)	Counsel fees, as provided by law.
(4)	Expense of service of process by certified mail and by publication.
(5)	Costs on appeal to the circuit court, or to the Appellate Division, as the case may be, of the original transcript of testimony, if any, insofar as essential to the appeal.
(6)	Fees for personal service and civil process and other sheriff's fees, as provided by law. Fees for personal service by a private process server may be recoverable in an amount equal to the actual cost of such service or fifty dollars ($50.00), whichever is less, unless the court finds that due to difficulty of service a greater amount is appropriate.
(7)	Fees of guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law. The fee of such appointees shall include reasonable reimbursement for stenographic assistance, when necessary.
(8)	Fees of interpreters, when authorized and approved by the court.
(9)	Premiums for surety bonds for prosecution, as authorized by G.S. 1-109.
(f)	Nothing in this section shall affect the liability of the respective parties for costs as provided by law.
"§ 7B-1603.  Discovery, fee on filing verified petition.
When discovery procedures under Rule 27 of the Rules of Civil Procedure are utilized, the sum of twenty dollars ($20.00) shall be assessed and collected by the clerk at the time of the filing of the verified petition. If a civil action is subsequently initiated, the twenty dollars ($20.00) shall be credited against costs in the civil action.
"§ 7B-1604.  Costs in special proceedings.
(a)	In every special proceeding in the circuit court, the following costs shall be assessed:
(1)	For the use of the courtroom and related judicial facilities, the sum of four dollars ($4.00) to be remitted to the county. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.
(2)	For support of the General Court of Justice, the sum of twenty-six dollars ($26.00). In addition, in proceedings involving land, except boundary disputes, if the fair market value of the land involved is over one hundred dollars ($100.00), there shall be an additional sum of thirty cents (30¢) per one hundred dollars ($100.00) of value, or major fraction thereof, not to exceed a maximum additional sum of two hundred dollars ($200.00). Fair market value is determined by the sale price if there is a sale, the appraiser's valuation if there is no sale, or the appraised value from the property tax records if there is neither a sale nor an appraiser's valuation. Sums collected under this subsection shall be remitted to the State Treasurer.
(b)	The facilities fee and twenty-six dollars ($26.00) of the General Court of Justice fee are payable at the time the proceeding is initiated.
(c)	The following additional expenses, when incurred, are assessable or recoverable, as the case may be:
(1)	Witness fees, as provided by law.
(2)	Counsel fees, as provided by law.
(3)	Costs on appeal, of the original transcript of testimony, if any, insofar as essential to the appeal.
(4)	Fees for personal service of civil process, and other sheriff's fees, and for service by publication, as provided by law.
(5)	Fees of guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law. The fees of such appointees shall include reasonable reimbursement for stenographic assistance, when necessary.
(d)	Costs assessed before the clerk shall be added to costs assessable on appeal to the judge or upon transfer to the civil issue docket.
(e)	Nothing in this section shall affect the liability of the respective parties for costs, as provided by law.
(f)	This section does not apply to a foreclosure under power of sale in a deed of trust or mortgage.
"§ 7B-1605.  Costs in administration of estates.
(a)	In the administration of the estates of decedents, minors, incompetents, of missing persons, and of trusts under wills and under powers of attorney, and in collections of personal property by affidavit, the following costs shall be assessed:
(1)	For the use of the courtroom and related judicial facilities, the sum of four dollars ($4.00), to be remitted to the county. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.
(2)	For support of the General Court of Justice, the sum of twenty-six dollars ($26.00), plus an additional forty cents (40¢) per one hundred dollars ($100.00), or major fraction thereof, of the gross estate, not to exceed three thousand dollars ($3,000). Gross estate shall include the fair market value of all personalty when received, and all proceeds from the sale of realty coming into the hands of the fiduciary, but shall not include the value of realty. In collections of personal property by affidavit, the fee based on the gross estate shall be computed from the information in the final affidavit of collection made pursuant to G.S. 28A-25-3 and shall be paid when that affidavit is filed. In all other cases, this fee shall be computed from the information reported in the inventory and shall be paid when the inventory is filed with the clerk. If additional gross estate, including income, comes into the hands of the fiduciary after the filing of the inventory, the fee for such additional value shall be assessed and paid upon the filing of any account or report disclosing such additional value. For each filing, the minimum fee shall be ten dollars ($10.00). Sums collected under this subsection shall be remitted to the State Treasurer.
(2a)	Notwithstanding subdivision (2) of this subsection, the fee of forty cents (40¢) per one hundred dollars ($100.00), or major fraction thereof of the gross estate, not to exceed three thousand dollars ($3,000), shall not be assessed on personalty received by a trust under a will when the estate of the decedent was administered under Chapters 28 or 28A of the General Statutes. Instead, a fee of fifteen dollars ($15.00) shall be assessed on the filing of each annual and final account.
(2b)	Notwithstanding subdivisions (1) and (2) of this subsection, no costs shall be assessed when the estate is administered or settled pursuant to G.S. 28A-25-6.
(3)	For probate of a will without qualification of a personal representative, the clerk shall assess a facilities fee as provided in subdivision (1) of this subsection and shall assess for support of the General Court of Justice, the sum of seventeen dollars ($17.00).
(b)	In collections of personal property by affidavit, the facilities fee and twenty-six dollars ($26.00) of the General Court of Justice fee shall be paid at the time of filing the qualifying affidavit pursuant to G.S. 28A-25-1. In all other cases, these fees shall be paid at the time of filing of the first inventory. If the sole asset of the estate is a cause of action, the thirty dollars ($30.00) shall be paid at the time of the qualification of the fiduciary.
(b1)	The clerk shall assess the following miscellaneous fees:
(1)	Filing and indexing a will with no probate
	– first page	$ 1.00
	– each additional page or fraction thereof	.25
(2)	Issuing letters to fiduciaries, per letter over five letters issued 1.00
(3)	Inventory of safe deposits of a decedent, per box, per day 15.00
(4)	Taking a deposition	5.00
(5)	Docketing and indexing a will probated in another
	county in the State
	– first page	1.00
	– each additional page or fraction thereof	.25.
(c)	The following additional expenses, when incurred, are also assessable or recoverable, as the case may be:
(1)	Witness fees, as provided by law.
(2)	Counsel fees, as provided by law.
(3)	Costs on appeal, of the original transcript of testimony, if any, insofar as essential to the appeal.
(4)	Fees for personal service of civil process, and other sheriff's fees, as provided by law.
(5)	Fees of guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law.
(d)	Costs assessed before the clerk shall be added to costs assessable on appeal to the judge or upon transfer to the civil issue docket.
(e)	Nothing in this section shall affect the liability of the respective parties for costs, as provided by law.
""§ 7B-1606.  Miscellaneous fees and commissions.
(a)	The following miscellaneous fees and commissions shall be collected by the clerk of court and remitted to the State for the support of the General Court of Justice:
(1)	Foreclosure under power of sale in deed of trust or mortgage $25.00
	Plus if the property is sold pursuant to the power of sale, an additional sum of thirty cents (30¢) per one hundred dollars ($100.00), or major fraction thereof, of the final sale price shall be collected. In no case shall the additional sum exceed two hundred dollars ($200.00).
(2)	Proceeding supplemental to execution	20.00
(3)	Confession of judgment	15.00
(4)	Taking a deposition	5.00
(5)	Execution	15.00
(6)	Notice of resumption of former name	5.00
(7)	Taking an acknowledgment or administering an oath, or both, with or without seal, each certificate (except that oaths of office shall be administered to public officials without charge) 1.00
(8)	Bond, taking justification or approving	5.00
(9)	Certificate, under seal	2.00
(10)	Exemplification of records	5.00
(11)	Recording or docketing (including indexing) any document
	– first page	4.00
	– each additional page or fraction thereof	.25
(12)	Preparation of copies
	– first page	1.00
	– each additional page or fraction thereof	.25
(13)	Preparation and docketing of transcript of judgment 5.00
(14)	Substitution of trustee in deed of trust	5.00
(15)	Execution of passport application – the amount allowed by federal law
(16)	Criminal record search except if search is requested by an agency of the State tor any of its political subdivisions or by an agency of the United States or by a petitioner in a proceeding under Article 2 of Chapter 20 of the General Statutes 5.00
(18)	Filing the affirmations, acknowledgments, agreements and resulting orders entered into under the provisions of G.S. 110-132 and G.S. 110-133 4.00.
(b)	The fees and commissions set forth in this section are not chargeable when the service is performed as a part of the regular disposition of any action or special proceeding or the administration of an estate. When a transaction involves more than one of the services set forth in this section, only the greater service fee shall be charged. The Director of the Administrative Office of the Courts shall issue guidelines to be followed in administering this subsection.
"§ 7B-1607.  Fees on deposits and investments.
On all funds received by the clerk by virtue or color of his office and deposited pursuant to G.S. 7B-1205 or invested pursuant to G.S. 7B-1205 one or both of the fees provided for in this section shall be assessed and collected as follows:
(1)	On all funds deposited by the clerk in an interest-bearing checking account pursuant to G.S. 7B-1205, a fee of four percent (4%) of each principal amount so deposited shall be assessed and collected, subject to the following conditions:
a.	The fee shall be collected from interest earnings only and shall not exceed the amount of the interest earnings on any principal amount so deposited, or seven hundred fifty dollars ($750.00), whichever is less;
b.	All fees collected pursuant to this subdivision shall be paid to the county as court facilities fees and used as prescribed in G.S. 7B-1601(a)(2);
c.	All interest earnings in excess of the prescribed fee shall be remitted to the beneficial owner or owners of any principal amount when that amount is withdrawn and distributed by the clerk; and
d.	If any principal amount is withdrawn from the checking account and invested pursuant to G.S. 7B-1205, any interest in excess of the prescribed clerk's fee which is invested with the principal amount shall be included in the fund upon which the fee provided for in subdivision (2) is computed.
(2)	On all funds to be invested by the clerk pursuant to G.S. 7B-1205, a fee equal to five percent (5%) of each fund shall be assessed and collected, subject to the following conditions:
a.	The fee shall be charged and deducted from each fund before the fund is invested, and only the balance shall be invested;
b.	Over the life of an account, the fees charged on the initial funds and all funds subsequently placed with the clerk for that account shall not exceed the investment earnings on the account or one thousand dollars ($1,000), whichever is less;
c.	All fees collected pursuant to this subdivision shall be remitted to the State Treasurer for the support of the General Court of Justice; and
d.	Any fees charged in excess of the cumulative investment earnings on an account shall be refunded and all investment earnings in excess of the prescribed fee shall be remitted to the beneficial owner or owners when all funds in that account are finally withdrawn and distributed by the clerk.
"§ 7B-1608. Magistrate's special fees.
The following special fees shall be collected by the magistrate and remitted to the clerk of court for the use of the State in support of the General Court of Justice:
(1)	Performing marriage ceremony	$10.00
(2)	Hearing petition for year's allowance to surviving spouse or  child, issuing notices to commissioners, allotting the same, and making return 4.00
(3)	Taking a deposition	5.00
(4)	Proof of execution or acknowledgment of any instrument 1.00
(5)	Performing any other statutory function not incident to a civil or criminal action 1.00.
"§ 7B-1609.  Fees of commissioners and assessors appointed by magistrate.
Any person appointed by a magistrate as a commissioner or assessor, and who shall serve, shall be paid the sum of two dollars ($2.00) to be taxed as a part of the bill of costs of the proceeding.
"§ 7B-1610.  Uniform civil process fees.
(a)	In a civil action or special proceeding, the following fees and commissions shall be assessed, collected, and remitted to the county:
(1)	For every civil action filed, for each item of civil process, including summons, subpoenas, notices, motions, orders, writs and pleadings served, the sum of five dollars ($5.00). When two or more items of civil process are served simultaneously on one party, only one five dollar ($5.00) fee shall be charged.  When an item of civil process is served on two or more persons or organizations, a separate service charge shall be made for each person or organization. If the process is served, or attempted to be served, by a city policeman, the fee shall be remitted to the city rather than the county. If the process is served, or attempted to be served by the sheriff, the fee shall be remitted to the county. This subsection shall not apply to service of summons to jurors.
(2)	For the seizure of personal property and its care after seizure, all necessary expenses, in addition to any fees for service of process.
(3)	For all sales by the sheriff of property, either real or personal, or for funds collected by the sheriff under any judgment, five percent (5%) on the first five hundred dollars ($500.00), and two and one-half percent (2 1/2%) on all sums over five hundred dollars ($500.00), plus necessary expenses of sale. Whenever an execution is issued to the sheriff, and subsequently while the execution is in force and outstanding, and after the sheriff has served or attempted to serve such execution, the judgment, or any part thereof, is paid directly or indirectly to the judgment creditor, the fee herein is payable to the sheriff on the amount so paid. The judgment creditor shall be responsible for collecting and paying all execution fees on amounts paid directly to the judgment creditor.
(4)	For execution of a judgment of ejectment, all necessary expenses, in addition to any fees for service of process.
(5)	For necessary transportation of individuals to or from State institutions or another state, the same mileage and subsistence allowances as are provided for State employees.
(b)	All fees shall be collected in advance (except in suits in forma pauperis) except those contingent on expenses or sales prices. When the fee is not collected in advance or at the time of assessment, a lien shall exist in favor of the county on all property of the party owing the fee. If the fee remains unpaid, it shall be entered as a judgment against the debtor and shall be docketed in the judgment docket in the office of the clerk of circuit court.
(c)	The process fees and commissions set forth in this section are complete and exclusive and in lieu of any and all other process fees and commissions in civil actions and special proceedings.
"§ 7B-1611.  Uniform fees for jurors; meals.
A juror in the General Court of Justice including a petit juror, or a coroner's juror, but excluding a grand juror, shall receive twelve dollars ($12.00) per day, except that if any person serves as a juror for more than five days in any 24-month period, the juror shall receive thirty dollars ($30.00) per day for each day of service in excess of five days. A grand juror shall receive twelve dollars ($12.00) per day. A juror required to remain overnight at the site of the trial shall be furnished adequate accommodations and subsistence. If required by the presiding judge to remain in a body during the trial of a case, meals shall be furnished the jurors during the period of sequestration. Jurors from out of the county summoned to sit on a special venire shall receive mileage at the same rate as State employees.
"§ 7B-1612.  Uniform jail fees.
Only persons who are lawfully confined in jail awaiting trial, or who are ordered to pay jail fees pursuant to a probationary sentence, shall be liable to the county or municipality maintaining the jail in the sum of five dollars ($5.00) for each 24 hours' confinement, or fraction thereof, except that a person so confined shall not be liable for this fee if the case or proceeding against him is dismissed, or if acquitted, or if judgment is arrested, or if probable cause is not found, or if the grand jury fails to return a true bill.
"§ 7B-1613.  Uniform fees for witnesses; experts; limit on number.
(a)	A witness under subpoena, bound over, or recognized, other than a salaried State, county, or municipal law enforcement officer, or an out-of-state witness in a criminal case, whether to testify before the court, Judicial Standards Commission, jury of view, magistrate, clerk, referee, commissioner, appraiser, or arbitrator shall be entitled to receive five dollars ($5.00) per day, or fraction thereof, during his attendance, which, except as to witnesses before the Judicial Standards Commission, must be certified to the clerk of court.
(b)	A witness entitled to the fee set forth in subsection (a) of this section, and a law enforcement officer who qualifies as a witness, shall be entitled to receive reimbursement for travel expenses as follows:
(1)	A witness whose residence is outside the county of appearance but within 75 miles of the place of appearance shall be entitled to receive mileage reimbursement at the rate currently authorized for State employees, for each mile necessarily traveled from his place of residence to the place of appearance and return, each day.
(2)	A witness whose residence is outside the county of appearance and more than 75 miles from the place of appearance shall be entitled to receive mileage reimbursement at the rate currently authorized for State employees for one round-trip from his place of residence to the place of appearance. A witness required to appear more than one day shall be entitled to receive reimbursement for actual expenses incurred for lodging and meals not to exceed the maximum currently authorized for State employees in lieu of daily mileage.
(c)	A witness who resides in a state other than North Carolina and who appears for the purpose of testifying in a criminal action and proves his attendance may be compensated at the rate of ten cents (10¢) a mile for one round-trip from his place of residence to the place of appearance, and five dollars ($5.00) for each day that he is required to travel and attend as a witness, upon order of the court based upon a finding that the person was a necessary witness. If such a witness is required to appear more than one day, he is also entitled to reimbursement for actual expenses incurred for lodging and meals, not to exceed the maximum currently authorized for State employees.
(d)	An expert witness, other than a salaried State, county, or municipal law enforcement officer, shall receive such compensation and allowances as the court, or the Judicial Standards Commission, in its  discretion, may authorize. A law enforcement officer who appears as an expert witness shall receive reimbursement for travel expenses only, as provided in subsection (b) of this section.
(e)	If more than two witnesses are subpoenaed, bound over, or recognized to prove a single material fact, the expense of the additional witnesses shall be borne by the party issuing or requesting the subpoena.
(f)	In a criminal case when a person who does not speak or understand the English language is an indigent defendant, a witness for an indigent defendant, or a witness for the State and the court appoints a language interpreter to assist that defendant or witness in the case, the reasonable fee for the interpreter's services, as set by the court, are payable from funds appropriated to the Administrative Office of the Courts.
"§ 7B-1614.  Liability of State for witness fees in criminal cases when defendant not liable.
In a criminal action, if no prosecuting witness is designated by the court as liable for the costs, and the defendant is acquitted, or convicted and unable to pay, or a nolle prosequi is entered, or judgment is arrested, or probable cause is not found, or the grand jury fails to return a true bill, the State shall be liable  for the witness fees allowed pursuant to G.S. 7B-1613 and any expenses for blood tests and comparisons incurred pursuant to G.S. 8-50.1(a).
"§ 7B-1615.  Payment of witness fees in criminal actions.
A witness in a criminal action who is entitled to a witness fee and who proves his attendance prior to assessment of the bill of costs shall be paid by the clerk from State funds, and the amount disbursed shall be assessed in the bill of costs. When the State is liable for the fee, a witness who proves his attendance not later than the last day of court in the week in which the trial was completed shall be paid by the clerk from State funds. If more than two witnesses shall be subpoenaed, bound over, or recognized to prove a single material fact, disbursements to such additional witnesses shall be charged against the party issuing or requesting the subpoena.
"§ 7B-1616.  Counties and municipalities not required to advance certain fees.
Counties and municipalities are not required to advance costs for the facilities fee, the General Court of Justice fee, the miscellaneous fees enumerated in G.S. 7B-1606, or the civil process fees enumerated in G.S. 7B-1610.
"§ 7B-1617.  Disposition of fees in counties with unincorporated seats of court.
Notwithstanding any other provision of this Article, if a municipality in which circuit court is conducted is not incorporated, the arrest, facilities, and jail fees which would ordinarily accrue thereto, shall instead accrue to the county in which the unincorporated municipality is located.
"§ 7B-1618.  Costs are exclusive.
The costs set forth in this Article are complete and exclusive and in lieu of any other costs and fees."
Section 3.  Article 60 of Chapter 7A of the General Statutes, "Office of Administrative Hearings", G.S. 7A-750 through G.S. 7A-759, is recodified as Article 17 of Chapter 7B of the General Statutes, G.S. 7B-1700 through 7B-1709.  The Revisor of Statutes shall change the reference in G.S. 7A-756, recodified as G.S. 7B-1706, from "Superior Court Division" to "Trial Division", and the reference in G.S. 7A-759, recodified as G.S. 7B-1609, from "G.S. 7A-756"to "G.S. 7B-1706".
Section 4.  Article 9 of Chapter 143B of the General Statutes is amended by adding two new Parts to read:
"Part 29.  Office of Solicitor General.
"§ 143B-426.50.  Creation and duties of Office of Solicitor General.
(a)	The Office of Solicitor General, headed by the Solicitor General, is created in the Department of Administration, and includes the Prosecutorial Standards Commission and the circuit attorneys provided for in Article 1 of Chapter 15C of the General Statutes.
(b)	The Office of the Solicitor General shall represent the State in criminal appeals,  provide oversight and coordination of and assistance to circuit attorneys' offices, and perform the other duties set forth in Article 1 of Chapter 15C of the General Statutes.
(c)	The Solicitor General shall exercise the duties of the office independently of the Secretary of Administration, but in matters related to the internal administration of the office, the Solicitor General is subject to general administrative oversight by the Secretary. The term 'internal administration', as used in this section, means planning, organizing, and administering the personnel system for and the budget of the office.  The Secretary of Administration shall not exercise oversight with respect to the preparation of a proposed budget for the Office of Solicitor General or the representation of the Office of Solicitor General in matters before the General Assembly.
"Part 30.  Office of State Public Defender.
"§ 143B-426.60.  Creation and duties of Office of State Public Defender.
(a)	The Office of the State Public Defender, headed by the State Public Defender, is created in the Department of Administration, and includes the State Public Defender Board and the circuit public defenders provided for in Article 2 of Chapter 15C of the General Statutes.
(b)	The Office of the State Public Defender shall provide legal representation to (i) indigent persons charged with crimes who are entitled by law to that representation and (ii) any other indigent persons entitled to legal representation under Article 2 of Chapter 15C of the General Statutes and for whom no other provision is made to appoint counsel.
	(c)	The State Public Defender shall exercise the duties of the office independently of the Secretary of Administration, but in matters related to the internal administration of the office, the State Public Defender is subject to general administrative oversight by the Secretary. The term 'internal administration', as used in this section, means planning, organizing, and administering the personnel system for and administering the budget of the office.  The Secretary of Administration shall not exercise oversight with respect to  the preparation of a proposed budget for the Office of State Public Defender or the representation of the Office of the State Public Defender in matters before the General Assembly."
Section 5.  The General Statutes are amended by adding a new Chapter to read:
"Chapter 15C.
"Prosecution and Indigent Defense.
"ARTICLE 1.
"Prosecution.
"§ 15C-100.  Solicitor General.
The Solicitor General heads the Office of Solicitor General, established in Part 29 of Article 9 of Chapter 143B of the General Statutes.  The Solicitor General is appointed by the Governor. The initial term of office shall expire on July 1, 2006, and successors shall be appointed to serve six-year terms.  The Solicitor General shall be an attorney licensed and eligible to practice in the courts of this State at the time of the appointment and at all times during service as Solicitor General.  The Solicitor General may appoint assistant solicitors general and other supporting staff to assist in the performance of the duties of the office, as authorized by the General Assembly.
"§ 15C-101.  Duties of the Solicitor General.
The Solicitor General shall:
(1)	Represent the State in appeals of criminal matters heard in the appellate courts of this State and in the federal courts;
(2)	Prepare and propose to the Governor a budget for the operation of the Office of Solicitor General;
(3)	Administer the budget for the Office of Solicitor General and provide administrative oversight of circuit attorney's offices in matters related to personnel and budget administration, information services, and other administrative matters;
(4)	Assist circuit attorneys in the performance of their duties;
(5)	If ordered by a court to do so, provide for the prosecution of cases in which a circuit attorney is charged with a criminal offense or infraction;
(6)	With the consent of the circuit attorneys involved, assign assistant solicitors general or prosecutors to temporary duty outside their circuit when necessary to manage overcrowded dockets or cases in which a circuit attorney's office has a conflict of interest; and
(7)	Perform other duties as the General Assembly may assign to the office.
"§ 15C-102.  Circuit attorneys.
The counties of the State are divided into prosecutorial circuits coterminus with the circuits established pursuant to G.S. 7B-1200.  There shall be a circuit attorney for each circuit.  The circuit attorney shall be elected by the voters of the circuit in nonpartisan elections for four-year terms.  The circuit attorney shall be a resident of the circuit for which elected.  A vacancy in the office is filled as provided in Section 12 of Article III of the North Carolina Constitution.
"§ 15C-103.  Acting circuit attorney or Solicitor General.
When a circuit attorney or Solicitor General for any reason becomes unable to perform the duties of the office, including a suspension pursuant to the provisions of G.S. 15C-106, the Governor shall appoint an acting circuit attorney or Solicitor General to serve during the period of disability.  An acting circuit attorney has all the power, authority, and duties of the circuit attorney.  An acting Solicitor General has all the power, authority, and duties of the Solicitor General.  The acting circuit attorney or Solicitor General shall take the oath of office prescribed for the circuit attorney or Solicitor General, and shall receive the same compensation as the circuit attorney or the Solicitor General.
"§ 15C-104.  Assistant circuit attorneys and other staff.
(a)	Each circuit attorney is entitled to the number of full-time assistant circuit attorneys authorized by the General Assembly,  to be appointed by the circuit attorney to serve at the pleasure of the circuit attorney.  A vacancy in the office of assistant circuit attorney shall be filled in the same manner as the initial appointment.  An assistant circuit attorney shall take the same oath of office as the circuit attorney and shall perform those duties assigned by the circuit attorney.  Assistant circuit attorneys shall devote full time to the duties of the office and shall not engage in the private practice of law during the term of employment as an assistant circuit attorney.
(b)	Each circuit attorney is entitled to employ an administrative assistant and those additional administrative, clerical, and investigative assistants authorized by the General Assembly and the Solicitor General.
"§ 15C-105.  Duties of circuit attorney.
(a)	The circuit attorney shall:
(1)	Prosecute in the name of the State all criminal action and infractions requiring prosecution in the circuit courts of the prosecutorial circuit;
(2)	Advise the officers of justice in the circuit;
(3)	Represent the State in juvenile cases in which the juvenile is alleged to be delinquent or undisciplined; and
(4)	Perform those duties related to appeals as the Solicitor General may require.
(b)	Each circuit attorney shall devote full time to the duties of the office and shall not engage in the private practice of law.
(c)	In matters related to the exercise of prosecutorial discretion at the circuit court level, the circuit attorney shall not be subject to the direction of the Solicitor General.
"§ 15C-106.  Grounds for removal of circuit attorneys and Solicitor General.
The following are grounds for suspension or removal from office of a circuit attorney or the Solicitor General:
(1)	Mental or physical incapacity interfering with the performance of duties which is, or is likely to become, permanent;
(2)	Willful misconduct in office;
(3)	Willful and persistent failure to perform the duties of the office;
(4)	Habitual intemperance;
(5)	Conviction of a crime involving moral turpitude;
(6)	Conduct prejudicial to the administration of justice which brings the office into disrepute; and
(7)	Knowingly authorizing or permitting an assistant circuit attorney or assistant solicitor general to commit any act constituting grounds for removal, as defined in subdivisions (1) through (6) of this section.
"§ 15C-107.  Prosecutorial Standards Commission.
(a)	The Prosecutorial Standards Commission shall consist of six members appointed as follows:
(1)	Two circuit attorneys chosen by the circuit attorneys;
(2)	Two attorneys appointed by the President of the North Carolina State Bar;
(3)	One nonattorney appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives; and
(4)	One nonattorney appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(b)	The terms of office for members of the Commission shall be for six years except that, to achieve staggered terms, the circuit attorneys shall designate one of the two circuit attorneys to serve an initial term of two years and the other to serve a term of four years, and the President of the North Carolina State Bar shall designate one of the two attorneys to serve an initial term of two years and the other to serve an initial term of four years.  The Commission shall appoint a chair from its membership. Vacancies are filled in the same manner as the original appointment for the remainder of the term. Members who are not circuit attorneys 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.
(c)	If a member of the Commission who is a circuit attorney becomes disabled, or becomes a respondent before the Commission, the circuit attorneys shall choose an alternate member to serve during the period of disability or disqualification.  If any other member of the Commission becomes disabled, the appointing authority shall appoint an alternate member to serve during the period of disability.  In a particular case, if a member disqualifies himself or is successfully challenged for cause, the member's seat for that case shall be filled by an alternate member selected as provided in this subsection.
(d)	A member may serve after expiration of the member's term only to participate until the conclusion of a formal proceeding begun before expiration of the term. That participation shall not prevent the successor from taking office, but the successor may not participate in the proceeding for which the predecessor's term was extended.
(e)	The executive secretary, special counsel, and investigator employed by the Judicial Standards Commission pursuant to G.S. 7B-702(b) shall assist the Prosecutorial Standards Commission in carrying out its duties.  While performing duties for the Commission, the executive secretary, special counsel, or investigator has authority throughout the State to serve subpoenas or other process issued by the Commission in the same manner and with the same effect as an officer authorized to serve process of the General Court of Justice.
"§ 15C-108.  Procedures; employment of executive secretary, special counsel, or investigator.
(a)	Any citizen of the State may file a written complaint with the Commission concerning the qualifications or conduct of a circuit attorney or the Solicitor General, and the Commission shall investigate the complaint as it considers necessary.  The Commission may also make an investigation on its own motion.  The Commission may issue process to compel the attendance of witnesses and the production of evidence, to administer oaths, to punish for contempt, and to prescribe its own rules of procedure.  No circuit attorney or Solicitor General shall be reprimanded or made the subject of a proceeding for suspension or removal unless the circuit attorney or Solicitor General has been given a hearing affording due process of law.  Unless otherwise waived by the circuit attorney or Solicitor General involved, all papers filed with and proceedings before the Commission, including any preliminary investigation which the Commission may make, are confidential, except as otherwise provided in this section.
(b)	If the Commission, after investigating allegations of misconduct concludes that disciplinary action is needed, it may reprimand the circuit attorney or the Solicitor General who is the subject of the investigation.  The circuit attorney or the Solicitor General who is reprimanded may appeal to the circuit court in the circuit in which the circuit attorney serves for a review of the decision to reprimand, but no appeal as of right of the circuit court's decision is allowed to the Appellate Division.
(c)	If the Commission concludes that suspension or removal is the appropriate response to misconduct by a circuit attorney, the Commission may commence such a proceeding by filing with the clerk of court of the county where the circuit attorney resides a complaint adopted by the Commission charging the circuit attorney with one or more grounds for removal.  If the Commission concludes that suspension or removal is the appropriate response to misconduct by the Solicitor General, the Commission may commence such a proceeding by filing with the Clerk of Court for Wake County a complaint adopted by the Commission charging the Solicitor General with one or more grounds for removal.
(d)	The clerk shall immediately bring the matter to the attention of the chief circuit judge for the circuit in which the county is located who shall within 30 days either review and act on the charges or refer them for review and action within 30 days to another circuit court judge residing in or regularly holding the courts of that circuit.
(e)	If the judge, upon review, finds that the charges, if true, constitute grounds for suspension and finds probable cause for believing that the charges are true, the judge may enter an order suspending the circuit attorney or the Solicitor General from performing the duties of the office until a final determination of the charges on the merits.  If the circuit attorney is suspended, the appropriate appointing authority shall appoint an acting circuit attorney.  During the suspension, the salary of the circuit attorney or the Solicitor General continues.  If the judge finds that the charges, if true, do not constitute grounds for suspension or finds that no probable cause exists for believing that the charges are true, the judge shall dismiss the proceeding.
(f)	If the judge reviewing the charges finds probable cause for the matter to proceed to a hearing, the judge may appoint the Attorney General or a special counsel to present the evidence supporting removal.  If a special counsel is appointed, the counsel shall be compensated by the Administrative Office of the Courts in an amount to be determined by the judge conducting the hearing.
(g)	The circuit attorney or Solicitor General who is the subject of the removal proceeding is entitled to be represented by the Attorney General's office or by counsel paid by the Administrative Office of the Courts if the circuit attorney or the Solicitor General is otherwise entitled to the services of State-paid representation under Article 31A of Chapter 143 of the General Statutes.
(h)	If a hearing, with or without suspension, is ordered, the circuit attorney or Solicitor General shall receive immediate written notice of the proceedings and a true copy of the charges, and the matter shall be set for hearing not less than 10 days nor more than 30 days thereafter.  The matter shall be set for hearing before the judge who originally examined the charges or before another judge resident in or regularly holding the courts of that circuit.  The hearing shall be open to the public.  All testimony shall be recorded.  At the hearing the circuit judge shall hear evidence and make findings of fact and conclusions of law and if the circuit judge finds that grounds for removal exist, the judge shall enter an order permanently removing the circuit attorney or the Solicitor General from office and terminating the circuit attorney's or Solicitor General's salary.  If the judge finds that no grounds exist, the judge shall terminate the suspension, if any.
(i)	The circuit attorney or Solicitor General may appeal from an order of removal to the Court of Appeals on the basis of error of law by the circuit judge.  Pending decision of the case on appeal, the circuit attorney or Solicitor General shall not perform any of the duties of the office.  If, upon final determination, the circuit attorney or Solicitor General is ordered reinstated either by the Appellate Division or by the circuit court upon remand the circuit attorney's or Solicitor General's salary shall be restored from the date of the original order of removal.
"ARTICLE 2.
"Indigent Defense.
"Part 1.  Office of State Public Defender.
"§ 15C-200.  State Public Defender.
The State Public Defender heads the Office of State Public Defender, established in Part 30 of Article 9 of Chapter 143B of the General Statutes.  The State Public Defender shall be appointed by the State Public Defender Board for a term of six years.  The State Public Defender shall be an attorney licensed and eligible to practice in the courts of this State at the time of appointment and at all times during service as the State Public Defender.  To assist in the performance of the duties of the office, the State Public Defender may appoint assistant State public defenders and other supporting staff as authorized by the General Assembly.  All persons so appointed serve at the pleasure of the State Public Defender.
"§ 15C-201.  State Public Defender Board.
(a)	The State Public Defender Board  shall consist of 10 members appointed as follows:
(1)	Two members appointed by the Governor, one of whom shall be an attorney and one of whom may not be an attorney;
(2)	Two attorneys appointed by the Chief Justice;
(3)	Two attorneys appointed by the President of the North Carolina State Bar;
(4)	Two nonattorneys appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives; and
(5)	Two nonattorneys appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(b)	The terms of office for members of the Board shall be for four years, except that, to achieve staggered terms, each appointing authority in subsection (a) of this section shall designate one member to serve an initial term of two years and one member to serve an initial term of four years.
(c)	The State Public Defender Board shall:
(1)	Appoint the State Public Defender;
(2)	Establish rules and procedures to define indigency for purposes of administering this Article in a manner consistent with any statutes adopted by the General Assembly dealing with that subject;
(3)	Investigate allegations of misconduct by the State Public Defender and circuit public defenders, and in appropriate cases, reprimand the State Public Defender or a circuit public defender;
(4)	Initiate proceedings to suspend or remove the State Public Defender or a circuit public defender;
(5)	Review and approve allocations of funds among and between circuits, upon the recommendation of the State Public Defender; and
(6)	Adopt rules to govern the operation of the Office of State Public Defender and the circuit public defenders' offices, in a manner not otherwise governed by acts of the General Assembly or rules of the Supreme Court.
"§ 15C-202.  Duties of State Public Defender.
The State Public Defender shall:
(1)	Represent those entitled to representation in appeals of the appellate courts of this State and in the federal courts;
(2)	Prepare and propose to the Governor a budget for the operation of the Office of State Public Defender;
(3)	Appoint a circuit public defender for each judicial circuit established pursuant to G.S. 7B-1200;
(4)	Administer the budget for the operation of the State public defender system and provide administrative oversight of circuit public defenders offices, including administrative oversight of the extent to which individual circuits use salaried employees, contractually paid attorneys or other means to provide services;
(5)	Assign personnel temporarily to duty outside their circuit when necessary to balance the workload among circuits or because of a conflict of interest;
(6)	Adopt personnel rules, and as appropriate, salary schedules or pay plans applicable to circuit public defenders' offices; and
(7)	Perform other duties the General Assembly or the State Public Defender Board may assign to the office.
"§ 15C-203.  Circuit public defenders.
(a)	The counties of the State are divided into public defender circuits coterminus with the circuits established pursuant to G.S. 7B-1200.
(b)	The State Public Defender shall appoint a circuit public defender for each circuit for a term of four years.  The circuit public defender shall be responsible for managing the indigent defense program in the circuit and may with the approval of the State Public Defender establish salaried attorney and support positions or contract with attorneys to provide indigent defense services for the circuit.  The professional relationship of counsel provided to the indigent person under this Article is the same as if counsel had been privately retained by the indigent person.
(c)	An indigent person indicted for murder may not be tried where the State is seeking the death penalty without an assistant counsel being appointed in a timely manner.  If the indigent person is represented by the circuit public defender's office, the requirement of an assistant counsel may be satisfied by the assignment to the case of an additional attorney from the public defender's staff.
"§ 15-204.  Removal of State Public Defender or circuit public defender.
(a)	The State Public Defender or a circuit public defender may be suspended or removed from office for:
(1)	Mental or physical incapacity interfering with the performance of duties which is, or is likely to become, permanent;
(2)	Willful misconduct in office;
(3)	Willful and persistent failure to perform the duties of the office;
(4)	Habitual intemperance;
(5)	Conviction of a crime involving moral turpitude;
(6)	Conduct prejudicial to the administration of justice which brings the office into disrepute; or
(7)	Knowingly authorizing or permitting an assistant circuit public defender to commit any act constituting grounds for removal under subdivisions (1) through (6) of this subsection.
(b)	The State Public Defender Board shall investigate allegations of misconduct by circuit public defenders or the State Public Defender.  The Board shall adopt rules establishing procedures for filing of those allegations and for screening of those allegations before formal investigations are begun.  If the Board, after investigating allegations of misconduct concludes that disciplinary action is needed, it may reprimand the circuit public defender or the State Public Defender who is the subject of the investigation.  The circuit public defender or State Public Defender who is reprimanded may appeal to the circuit court in the circuit in which he or she serves for a review of the decision to reprimand, but no appeal as of right of the circuit court's decision is allowed to the Appellate Division.
(c)	If the State Public Defender Board concludes that suspension or removal is the appropriate response to misconduct by a circuit public defender, the Board may commence such a proceeding by filing with the clerk of court of the county where the circuit public defender resides a complaint adopted by the Board charging the circuit public defender with one or more grounds for removal.  If the State Public Defender Board concludes that suspension or removal is the appropriate response to misconduct by the State Public Defender, the Board may commence such a proceeding by filing with the Clerk of Court for Wake County a complaint adopted by the Board charging the State Public Defender with one or more grounds for removal.
(d)	The clerk shall immediately bring the matter to the attention of the chief circuit judge for the circuit in which the county is located who shall within 30 days either review and act on the charges or refer them for review and action within 30 days to another circuit court judge residing in or regularly holding court in the courts of that circuit.
(e)	If the judge upon review finds that the charges, if true, constitute grounds for suspension and finds probable cause for believing that the charges are true, the judge may enter an order suspending the circuit public defender or the State Public Defender from performing the duties of the office until a final determination of the charges on the merits.  If the public defender is suspended, the appropriate appointing authority shall appoint an acting public defender.  During the suspension, the salary of the public defender continues.  If the judge finds that the charges if true do not constitute grounds for suspension or finds that no probable cause exists for believing that the charges are true, the judge shall dismiss the proceeding.
(f)	If the judge reviewing the charges finds probable cause for the matter to proceed to a hearing, the judge may appoint the Attorney General or a special counsel to present the evidence supporting removal.  If a special counsel is appointed, the counsel shall be compensated by the Administrative Office of the Courts in an amount to be determined by the judge conducting the hearing.
(g)	The public defender who is the subject of the removal proceeding is entitled to be represented by the Attorney General's office or by counsel paid by the Administrative Office of the Courts if the public defender is otherwise entitled to the services of State-paid representation under Article 31A of Chapter 143 of the General Statutes.
(h)	If a hearing, with or without suspension, is ordered, the public defender shall receive immediate written notice of the proceedings and a true copy of the charges, and the matter shall be set for hearing not less than 10 days nor more than 30 days thereafter.  The matter shall be set for hearing before the judge who originally examined the charges or before another judge resident in or regularly holding the courts of that circuit.  The hearing shall be open to the public.  All testimony shall be recorded.  At the hearing, the circuit judge shall hear evidence and make findings of fact and conclusions of law, and if the circuit judge finds that grounds for removal exist, the judge shall enter an order permanently removing the public defender from office and terminating the public defender's salary.  If the judge finds that no grounds exist, the judge shall terminate the suspension, if any.
(i)	The public defender may appeal from an order of removal to the Court of Appeals on the basis of error of law by the circuit judge.  Pending decision of the case on appeal, the public defender shall not perform any of the duties of the office.  If, upon final determination, the public defender is ordered reinstated either by the Appellate Division or by the circuit court upon remand, the public defender's salary shall be restored from the date of the original order of removal.
"Part 2.  Procedures to Determine Indigency and Entitlement to Counsel.
"§ 15C-210.  General procedures.
The court shall determine if a person is indigent and entitled to counsel and shall indicate its findings in a written order. The court shall insure that the public defender is notified of those persons found to be entitled to representation by that office, and the public defender is responsible for providing that representation.  To assist the public defender in determining how to compensate those who provide the counsel, the court shall provide information about the services rendered by attorneys and others representing indigents upon request.
"§ 15C-211.  Determination of indigency.
(a)	An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated in this Article.  An interpreter is a necessary expense, as defined in Chapter 8A of the General Statutes, for a deaf person who is entitled to counsel under this subsection.
(b)	The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent person is entitled to representation.
(c)	If, at any stage in the action or proceeding, a person previously determined to be indigent becomes financially able to secure legal representation and provide other necessary expenses of representation, the person shall inform the counsel appointed by the court to represent the person of that fact.  In such a case, that information is not included in the attorney-client privilege, and counsel shall promptly inform the court of that information.
"§ 15C-212.  False statements perjury.
(a)	A person making a false material statement under oath or affirmation on the issue of the person's indigency is guilty of a Class I felony.
(b)	A judicial official making the determination of indigency shall notify the person of the provisions of subsection (a) of this section.
"§ 15C-213.  Entitlement to counsel.
(a)	An indigent person is entitled to services of counsel in the following actions and proceedings:
(1)	Any case in which imprisonment, or a fine of five hundred dollars ($500.00) or more, is likely to be adjudged.
(2)	A hearing on a petition for a writ of habeas corpus under Chapter 17 of the General Statutes.
(3)	A motion for appropriate relief under Chapter 15A of the General Statutes if the defendant has been convicted of a felony, has been fined five hundred dollars ($500.00) or more, or has been sentenced to a term of imprisonment.
(4)	A hearing for revocation of probation.
(5)	A hearing in which extradition to another state is sought.
(6)	A proceeding for an inpatient involuntary commitment to a facility under Part 7 of Article 5 of Chapter 122C of the General Statutes, or a proceeding for commitment under Part 8 of Article 5 of Chapter 122C of the General Statutes.
(7)	A proceeding for an outpatient involuntary commitment to a facility under Part 7 of Article 5 of Chapter 122C of the General Statutes, if the court finds that representation of counsel is necessary pursuant to G.S. 122C-267(d).
(8)	In any case of execution against the person under Article 28 of Chapter 1 of the General Statutes, and in any civil arrest and bail proceeding under Article 34 of Chapter 1 of the General Statutes.
(9)	In the case of a juvenile, a hearing as a result of which commitment to an institution or reassignment of the case for trial on a felony charge is possible.
(10)	A hearing for revocation of parole at which the right to counsel is provided in accordance with the provisions of Article 4 of Chapter 148 of the General Statutes.
(11)	A proceeding for sterilization under Article 7 of Chapter 35, Sterilization of Persons Mentally Ill and Mentally Retarded, of the General Statutes.
(12)	A proceeding for the provision of protective services according to Article 4 of Chapter 108 of the General Statutes.
(13)	In the case of a juvenile alleged to be neglected under Chapter 7C of the General Statutes.
(14)	A proceeding to find a person incompetent under Subchapter I of Chapter 35A of the General Statutes.
(15)	A proceeding to terminate parental rights where a guardian ad litem is appointed under Chapter 7C of the General Statutes.
(16)	An action brought under Chapter 7B of the General Statutes to terminate an indigent person's parental rights.
(17)	A proceeding involving consent for an abortion on an unemancipated minor pursuant to Part 2 of Article 1A of Chapter 90 of the General Statutes. G.S. 15C-216 shall not apply to this proceeding.
(b)	In each of the actions and proceedings enumerated in subsection (a) of this section, entitlement to the services of counsel begins as soon as feasible after the indigent is taken into custody or service is made upon him of the charge, petition, notice, or other initiating process.  Entitlement continues through any critical stage of the action or proceeding, including, if applicable:
(1)	An in-custody interrogation;
(2)	A pretrial identification procedure which occurs after formal charges have been preferred and at which the presence of the indigent is required;
(3)	A hearing for the reduction of bail, or to fix bail if bail has been earlier denied;
(4)	A probable cause hearing;
(5)	Trial and sentencing; and
(6)	Review of any judgment or decree pursuant to G.S. 7B-1302(d) and (e) and Subchapter XIV of Chapter 15A of the General Statutes.
(c)	In any capital case, an indigent defendant who is under a sentence of death may apply to the circuit court in which the defendant was indicted for an order directing the public defender to appoint counsel to represent the defendant in preparing, filing, and litigating a motion for appropriate relief.  The application for the appointment of postconviction counsel may be made prior to completion of review on direct appeal and shall be made no later than 10 days from the latest of the following:
(1)	A mandate issued by the Supreme Court of North Carolina on direct appeal pursuant to N.C.R. App. P. 32(b) and the expiration of the time for filing a petition for writ of certiorari to the United States Supreme Court without a petition being filed;
(2)	The United States Supreme Court's denial of a timely petition for writ of certiorari of the decision on direct appeal by the Supreme Court of North Carolina; or
(3)	The United States Supreme Court's granting of the defendant's or the State's timely petition for writ of certiorari of the decision on direct appeal by the Supreme Court of North Carolina, but subsequently leaving the defendant's death sentence undisturbed.
Upon application, supported by the defendant's affidavit, the circuit court shall enter an order directing that two counsels be appointed if the court finds that the defendant is indigent and desires counsel.  The defendant does not have a right to be present at the time of entry of the order directing that counsel be appointed.  If the defendant was previously adjudicated an indigent for purposes of trial or direct appeal, the defendant shall be presumed indigent for purposes of this subsection.
(d)	No counsel appointed pursuant to subsection (c) of this section shall have previously represented the defendant at trial or on direct appeal in the case for which the appointment is made unless the defendant expressly requests continued representation and understandingly waives future allegations of ineffective assistance of counsel.
"§ 15C-214.  Civil judgment for services rendered; partial indigency.
(a)	If, in the opinion of the court, an indigent person is financially able to pay a portion, but not all, of the value of the legal services rendered by the public defender and other necessary expenses of representation, the court shall order the partially indigent person to pay that portion to the clerk of court for transmission to the General Fund.
(b)	In all cases the public defender shall inform the court of the public defender's opinion of the money value of services rendered by the public defender, including in the sum the necessary expenses of representing the indigent person.  The court shall then make a finding as to the value of the services rendered by the public defender and shall direct that judgment in that amount be entered in the office of the clerk of court.  Any judgment so entered shall constitute a lien as prescribed by the general law of the State applicable to judgments.  Any reimbursement to the State as provided in subsection (a) of this section or any funds collected by reason of that judgment shall be deposited in the General Fund and credited against the judgment.  In fixing the money value of services rendered by the public defender, the court shall consider the factors normally involved in fixing the fees of private attorneys, such as the nature of the case, the time, effort, and responsibility involved, and the fee usually charged in similar cases.  Even if the trial, appeal, hearing, or other proceeding is never held, preparation therefor is nevertheless compensable.
(c)	No order for partial payment under subsection (a) of this section and no judgment under subsection (b) of this section shall be entered unless the indigent person is convicted.  If the indigent person is convicted, the order or judgment shall become effective and the judgment shall be docketed and indexed pursuant to G.S. 1-233, et seq., in the amount then owing, upon the later of (i) the date upon which the conviction becomes final if the indigent person is not ordered, as a condition of probation, to pay the State for the costs of the representation in the case or (ii) the date upon which the indigent person's probation is terminated or revoked if the indigent person is so ordered.
(d)	In all cases in which the entry of a judgment is authorized, the public defender who rendered the services or incurred the expenses for which the judgment is to be entered shall obtain the social security number, if any, of each person against whom judgment is to be entered.  Each judgment docketed against a person under this section shall include the social security number, if any, of the judgment debtor.
"§ 15C-215.  Waiver of counsel; pleas of guilty.
(a)	An indigent person who has been informed of the right to be represented by counsel at any in-court proceeding, may, in writing, waive the right to in-court representation by counsel, if the court finds of record that at the time of waiver the indigent person acted with full awareness of the person's rights and of the consequences of the waiver.  In making such a finding, the court shall consider, among other things, such matters as the person's age, education, familiarity with the English language, mental condition, and the complexity of the crime with which the person was charged.
(b)	If an indigent person waives counsel as provided in subsection (a) of this section and pleads guilty to any offense, the court shall inform the person of the nature of the offense and the possible consequences of the plea and, as a condition of accepting the plea of guilty, the court shall examine the person and shall ascertain that the plea was freely, understandingly,  and voluntarily made, without undue influence, compulsion or duress, or promise of leniency.
(c)	An indigent person who has been informed of the right to be represented by counsel at any out-of-court proceeding, may, either orally or in writing, waive the right to out-of-court representation by counsel.
"§ 15C-216.  Responsibility of parents and fiduciaries in juvenile matters.
(a)	At the same time as a person who is less than 18 years old or who is at least 18 years old but remains dependent on and domiciled with a parent or guardian is determined to be indigent, and has an attorney or guardian ad litem appointed pursuant to G.S. 7B-213, the court shall determine the identity and address of the parent, guardian, or any trustee in possession of funds or property for the benefit of the person.  The court shall issue a summons to the parent, guardian, or trustee to be present at the dispositional hearing or the sentencing hearing or other appropriate hearing and to be a party to these hearings for the purpose of being determined responsible for reimbursing the State for the person's attorney or guardian ad litem fees, or to show cause why he should not be held responsible.
Both the issuance of the summons and the service of process shall be made pursuant to G.S. 1A-1, Rule 4.
(b)	At the dispositional sentencing or other hearing of the person who is less than 18 years old or who is at least 18 years old but remains dependent on and domiciled with a parent or guardian, the court shall determine whether the parent, guardian, or trustee should be held responsible for reimbursing the State for the person's attorney or guardian ad litem fees.  This determination shall include a consideration of (i) the financial situation of the parent, guardian, or trustee; (ii) the relationship of responsibility the parent, guardian, or trustee bears to the person;  and (iii) any showings by the parent, guardian, or trustee that the person is emancipated or not dependent.  The test of the party's financial ability to pay is the test applied to appointment of an attorney in cases of indigency.  Any provision of any deed, trust, or other writing, which, if enforced, would defeat the intent or purpose of this section is contrary to the public policy of this State and is void insofar as it may apply to prohibit reimbursement to the State.
If the court determines that the parent, guardian, or trustee is responsible for reimbursing the State for the attorney or guardian ad litem fees, the court shall so order.  If the party does not comply with the order within 90 days, the court shall file a judgment against him for the amount due the State.
(c)	This section does not apply to the Department of Human Resources or any county Department of Social Services."
Section 6.  Subchapter XI, Articles 41 through 59 of Chapter 7A of the General Statutes, the North Carolina Juvenile Code, and Articles 24, 24A, 24B, 39, and 39A of Chapter 7A of the General Statutes, are recodified as Chapter 7C of the General Statutes, Articles 1 through 23.  The Revisor of Statutes shall correct all internal references to other sections of the North Carolina Juvenile Code to the corresponding recodified sections.
Section 7.  Chapter 7A of the General Statutes is repealed.
Section 8. (a)	This act becomes effective upon certification by the State Board of Elections to the Secretary of State that the constitutional amendments included in Parts I and II of the House or Senate version of "A BILL TO BE ENTITLED AN ACT PROPOSING AMENDMENTS TO THE CONSTITUTION OF NORTH CAROLINA TO IMPROVE THE COURT SYSTEM BY IMPLEMENTING THE NEW COURT STRUCTURE RECOMMENDED BY THE COMMISSION FOR THE FUTURE OF JUSTICE AND THE COURTS IN NORTH CAROLINA" have been ratified.
(b)	As soon as practicable after this act takes effect, the State Judicial Council described in Article 3 of Chapter 7B as established in Section 1 of this act shall be established by appointment of the members described in G.S. 7B-300 of that Article.  For the initial appointments, however, the "circuit attorney" shall be a district attorney chosen by the Conference of District Attorneys, the "circuit public defender" shall be a public defender chosen by the public defenders, and the "circuit judge" shall be a superior court judge chosen by the Judicial Conference.  The members of this initial State Judicial Council shall hold office until January 1, 2002, at which time new members shall be appointed pursuant to G.S. 7B-300.
(c)	Upon its establishment, the initial State Judicial Council shall proceed to plan for implementation of the new circuit court in phases beginning January 1, 2000, with full statewide implementation to be completed by January 1, 2002.  By January 1, 1999, the State Judicial Council shall decide the number and configuration of circuits and the schedule for implementation.  The State Judicial Council also may exercise other authority granted to it by Chapter 7B as necessary to prepare for and establish the circuit court system and to govern the circuit court once established.
(d)	The Chief Justice, with the advice and consent of the State Judicial Council, may appoint the chief circuit judge for each circuit to take office six months before the establishment of that circuit, and the chief judge may appoint the circuit administrator to take office at the same time.
(e)  Upon establishment of a circuit, the provisions of this act become effective in the counties included in that circuit.  Until that time, the provisions of Chapter 7A of the General Statutes and other statutes repealed or amended by this act shall remain in effect in those counties.