GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 698
Short Title: Increase Voter Accountability of Judges. |
(Public) |
|
Sponsors: |
Senator Rabon (Primary Sponsor). |
|
Referred to: |
Rules and Operations of the Senate |
|
January 10, 2018
A BILL TO BE ENTITLED
AN ACT to Amend the North Carolina Constitution to Allow Frequent Election of Judges by Creating Two‑Year Terms of Office for Justices and Judges.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Section 10 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 10. District Courts.
(1) The General Assembly shall, from time to time,
divide the State into a convenient number of local court districts and shall
prescribe where the District Courts shall sit, but a District Court must sit in
at least one place in each county. District Judges shall be elected for each
district for a term of four two years, in a manner prescribed by
law. When more than one District Judge is authorized and elected for a
district, the Chief Justice of the Supreme Court shall designate one of the
judges as Chief District Judge. Every District Judge shall reside in the
district for which he is elected.
(2) For each county, the senior regular resident Judge of the Superior Court serving the county shall appoint from nominations submitted by the Clerk of the Superior Court of the county, one or more Magistrates who shall be officers of the District Court. The initial term of appointment for a magistrate shall be for two years and subsequent terms shall be for four years.
(3) The number of District Judges and Magistrates shall, from time to time, be determined by the General Assembly.
(4) Vacancies Except as otherwise provided in
this section, vacancies in the office of District Judge shall be filled for
the unexpired term in a manner prescribed by law. Vacancies in the office of
Magistrate shall be filled for the unexpired term in the manner provided for
original appointment to the office, unless otherwise provided by the General
Assembly.
(5) All terms of office for persons elected prior to July 1, 2018, to the office of District Judge shall expire on December 31, 2018. All terms of office for persons appointed to fill a vacancy in an elected term for the office of District Judge shall expire December 31, 2018.
(6) All District Judges shall be elected to a two‑year term of office beginning with the general election held in 2018."
SECTION 1.(b) Section 16 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 16. Terms of office and election of Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Superior Court.
(1) Justices of the Supreme Court, Judges of the Court
of Appeals, and regular Judges of the Superior Court shall be elected by the
qualified voters and shall hold office for terms of eight two years
and until their successors are elected and qualified. Justices of the Supreme
Court and Judges of the Court of Appeals shall be elected by the qualified
voters of the State. Regular Judges of the Superior Court may be elected by the
qualified voters of the State or by the voters of their respective districts,
as the General Assembly may prescribe.
(2) All terms of office for persons elected prior to July 1, 2018, to the office of Justice of the Supreme Court, Judge of the Court of Appeals, or regular Judge of the Superior Court shall expire December 31, 2018.
(3) All Justices of the Supreme Court, Judges of the Court of Appeals, and regular Judges of the Superior Court shall be elected to a two‑year term of office beginning with the general election held in 2018."
SECTION 1.(c) Section 19 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 19. Vacancies.
(1) Unless otherwise provided in this Article, all
vacancies Vacancies occurring in the offices provided for by this
Article office of District Attorney shall be filled by appointment
of the Governor, and the appointees appointee shall hold their
places his or her place until the next election for members of the
General Assembly that is held more than 60 days after the vacancy occurs, when
elections shall be held to fill the offices.office. When the an
unexpired term of any of the offices named in this Article of the
Constitution the office of District Attorney in which a vacancy has
occurred, and in which it is herein provided that the Governor shall fill the
vacancy, expires on the first day of January succeeding the next election for
members of the General Assembly, the Governor shall appoint to fill that
vacancy for the unexpired term of the office.
(2) All vacancies in the offices of Justice of the Supreme Court, Judge of the Court of Appeals, and Judge of the Superior Court shall be filled by appointment of the Governor for the remainder of the term of office.
(3) If any person elected or appointed to any of these
the offices provided for by this Article shall fail to
qualify, the office shall be appointed to, held and filled as provided in case
of vacancies occurring therein. All incumbents of these offices shall hold
until their successors are qualified."
SECTION 2. The amendments set out in Section 1 of this act shall be submitted to the qualified voters of the State at the statewide primary election in 2018, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:
"[ ] FOR [ ] AGAINST
Hold more frequent election of judges by allowing North Carolina voters to vote on judges every two years instead of every four or eight years."
SECTION 3. If a majority of the votes cast on the question are in favor of the amendment set out in Section 2 of this act, the State Board of Elections shall certify the amendment to the Secretary of State, who shall enroll the amendment so certified among the permanent records of that office. The amendment becomes effective July 1, 2018.
SECTION 4. This act is effective when it becomes law.