NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 319

HOUSE BILL 588

 

 

AN ACT RELATING TO THE APPOINTMENT OF AN ASSISTANT SOLICITOR OR ASSISTANT SOLICITORS IN THE SUPERIOR COURT OF GUILFORD COUNTY BY THE BOARD OF COUNTy COMMISSIONERS OF GUILFORD COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Board of County Commissioners of Guilford County upon recommendation and nomination of the Superior Court Solicitor of the solicitorial district in which said county is located is hereby authorized and empowered in its discretion to appoint a competent attorney or attorneys of the county to assist the said solicitor in the prosecution of the criminal docket of the Superior Court of said county. Such person or persons shall be appointed and designated as assistant solicitor or assistant solicitors.

Sec. 2. Appointments made under the foregoing Section of this Act shall expire December 31, 1959; thereafter, such appointments shall be for a term of one year, commencing January 1st and expiring December 31st.

Sec. 3. In addition to the foregoing authority, the Board of County Commissioners of Guilford County is further authorized and empowered in its discretion upon the recommendation and nomination of the Superior Court Solicitor of the solicitorial district in which said county is located to appoint a competent attorney or attorneys of the county as temporary assistant or assistants to said solicitor for a definite term of office less than one year as determined by said board for the purpose of temporarily assisting said solicitor in the prosecution of the criminal docket of the Superior Court of said county. Such person or persons when so appointed shall be designated as assistant solicitor or assistant solicitors for the term of appointment.

Sec. 4. At the end of any term of the position or office of any assistant solicitor appointed for one year, the Board of County Commissioners of Guilford County may, in its discretion, leave such office vacant for the ensuing term or any portion thereof; but this provision shall not prevent the board of county commissioners from appointing an assistant solicitor or assistant solicitors upon recommendation and nomination of the solicitor at any time when such office becomes vacant before the expiration of the term of office.

Sec. 5. The salaries of assistant solicitors or persons appointed as temporary assistants to the solicitor shall be fixed from term to term by the Board of County Commissioners of Guilford County and shall be in such amount as the said board shall determine proper, just, and reasonable, in its discretion, and said salaries shall be paid in monthly installments from the general fund of the county.

Sec. 6. The Superior Court Solicitor of the solicitorial district in which Guilford County is located shall designate and define the duties of all assistant solicitors appointed under this Act and is authorized and empowered to remove such assistant solicitors from office at any time upon written notice of such removal to the person holding such office and the chairman of the board of county commissioners at least 30 days prior to the effective date of said removal.

Sec. 7. Chapter 161 of the Session Laws of 1943 is hereby expressly repealed: Provided, that any assistant solicitor appointed under the authority of said Act shall continue in office for the remainder of the term for which he was appointed.

Sec. 8. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 9. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 21st day of April, 1959.