NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 84

SENATE BILL 118

 

 

AN ACT TO AMEND G.S. 7A-171 RELATING TO THE APPOINTMENT OF MAGISTRATES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Subsection (b) of G.S. 7A-171 is hereby amended by deleting the words "first Monday in October" therefrom and inserting in lieu thereof the words "second Monday in December"; by deleting the words "first Monday in November" therefrom and inserting in lieu thereof the words "fourth Monday in December" and by deleting the words "first Monday in December of each even-numbered year" therefrom and inserting in lieu thereof the words "first day in January of the calendar year next ensuing the calendar year of appointment"; so that this subsection shall read as follows:

"(b)      Not later than the first Monday in September of each even-numbered year, the Administrative Officer of the courts, after consultation with the chief district judge (or the senior regular resident superior court judge, if there is no chief district judge) shall prescribe and notify the clerk of superior court of the salaries to be paid to the various magistrates to be appointed to fill the minimum quota established for the county. A salary shall be prescribed for each office within the minimum quota upon consideration of the time which the particular magistrate will be required by the chief district judge to devote to the performance of the duties of his office. Not later than the second Monday in December of each even-numbered year, the clerk of superior court shall submit to the senior regular resident superior court judge of his district the names of two (or more, if requested by the judge) nominees for each magisterial office in the minimum quota established for the county, specifying as to each nominee the salary level for which nominated. Not later than the fourth Monday in December, the senior regular superior court judge shall, from the nominations submitted by the clerk of superior court, appoint magistrates to fill the minimum quota established for each county of his district, such appointments to be at the various salary levels prescribed by the Administrative Officer of the Courts. The term of a magistrate so appointed shall be two years, commencing on the first day in January of the calendar year next ensuing the calendar year of appointment."

Sec. 2.  The term of office of any magistrate in office on the day before the first Monday in December, 1972 is extended to December 31, 1972.

Sec. 3.  This act shall become effective July 1, 1971.

In the General Assembly read three times and ratified, this the 15th day of March, 1971.