NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 288

HOUSE BILL 376

 

 

AN ACT AMENDING CHAPTER 9 OF THE GENERAL STATUTES OF NORTH CAROLINA SO AS TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS OF FORSYTH COUNTY TO PROVIDE FOR THE SELECTION OF JURORS BY A JURY COMMISSION IN FORSYTH COUNTY AND TO PROVIDE FOR THE APPOINTMENT OF SAID COMMISSION BY THE BOARD OF COMMISSIONERS.

 

The General Assembly of North Carolina do enact:

 

Section 1. G. S. 9-1, as the same appears in Volume 1B of the General Statutes, is hereby amended by adding at the end thereof the following:

"Provided that in Forsyth County the Board of County Commissioners is authorized, by the adoption of an appropriate resolution, to create a five-member Jury Commission for said county. Upon the adoption of such resolution, the Board of County Commissioners shall have the authority, and it shall be their duty, to make all appointments to said Commission and to fill all vacancies arising therein. All Jury Commissioners appointed under the provisions of this Act shall serve at the pleasure of the Board of County Commissioners. Every such appointment shall be entered upon the minutes of the Board of County Commissioners. The members of the Jury Commission, before entering upon the discharge of their duties, must each take an oath of affirmation, before the Clerk of the Superior Court or an Assistant Clerk of the Superior Court, that he will honestly, without favor or prejudice, perform the duties of a member of the Jury Commission of Forsyth County during his term of office.

"It shall be the duty of the Jury Commission to prepare the jury list in accordance with the provisions of G. S. 9-1. A list of the names thus selected by the Jury Commission shall be made out by the Jury Commission and shall constitute the jury list of the county and shall be preserved as such. The jury list shall consist only of those persons who are qualified for jury service in accordance with the provisions of law, and the Jury Commission may exclude from the jury list persons who have a statutory exemption from jury duty under the first paragraph of G. S. 9-19 unless such exempt person expresses his willingness to serve. The names for the jury list shall be selected by the Jury Commission from any and all sources of information deemed by the Commission to be reliable, but no person shall be excluded from jury duty because of race, color, or sex."

Sec. 2. The Jury Commission, when appointed and qualified, shall have vested in them all the powers, duties and authority heretofore generally exercised throughout North Carolina by the Boards of County Commissioners under the provisions of Chapter 9 of the General Statutes, and the Jury Commission shall have full and complete control over the jury box of Forsyth County and over the drawing of jurors, both grand and petit.

Sec. 3. The Jury Commissioners shall serve without pay except that the Board of County Commissioners may pay each Jury Commissioner for his services a per diem allowance not to exceed ten dollars ($10.00) for the time actually consumed in the performance of his official duties, but in no event is the per diem of a Jury Commissioner to exceed a total sum of thirty dollars ($30.00) in any one calendar month. The County Commissioners of Forsyth County may employ or make available such clerical assistants for the Jury Commission as the County Commissioners may deem necessary and set the compensation of such assistant or assistants. The allowance, if any, of each Jury Commissioner and the compensation of any assistant or assistants employed by the Board of County Commissioners shall be paid from the general fund of Forsyth County.

Sec. 4. This Act shall apply to Forsyth County only.

Sec. 5. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 6. 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 20th day of April, 1965.