Title: DRS55103-LL-64 (3/5)
Category: Bill Draft 2002

GENERAL ASSEMBLY OF NORTH CAROLINA	SESSION 2003

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
S	D
SENATE DRS55103-LL-64  (3/5)

Short Title:	Adjust Court Jurisdiction. | (Public)
Sponsors: | Senator Clodfelter.
Referred to: |

A BILL TO BE ENTITLED
AN ACT to permit the more efficient use of all court personnel resources through concurrent and revised jurisdiction and procedures by providing additional authority for magistrates and clerks upon the agreement of the chief district court judge and clerk of superior court, by authorizing magistrates to determine indigency and entitlement to counsel in cases calendared before them, by authorizing district court judges to accept guilty pleas for certain classes of felony, by providing for concurrent jurisdiction for district and superior court judges in infractions and misdemeanor cases, by raising the jurisdictional amount for small claims, by authorizing the use of expedited child support process upon the agreement of the chief district court judge and clerk of superior court, and by conforming certain procedural requirements in actions for absolute divorce to the requirements in other civil cases, as recommended by the state judicial council.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7A‑273 reads as rewritten:
"§ 7A‑273.  Powers of magistrates in infractions or criminal actions.
(a)	In criminal actions or infractions, any magistrate has power:
(1)	In infraction cases in which the maximum penalty that can be imposed is not more than fifty dollars ($50.00), exclusive of costs, or in Class 3 misdemeanors, other than the types of infractions and misdemeanors specified in subdivision (2) of this  subsection, to accept guilty pleas or admissions of responsibility and enter judgment;
(2)	In misdemeanor or infraction cases involving alcohol offenses under Chapter 18B of the General Statutes, traffic offenses, hunting, fishing, State park and recreation area rule offenses under Chapter 113 of the General Statutes, boating offenses under Chapter 75A of the General Statutes, and littering offenses under G.S. 14‑399(c) and G.S. 14‑399(c1), to accept written appearances, waivers of trial or hearing and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Judges pursuant to G.S. 7A‑148, and in such cases, to enter judgment and collect the fines or penalties and costs;
(2a)	In misdemeanor cases involving the violation of a county ordinance authorized by law regulating the use of dune or beach buggies or other power‑driven vehicles specified by the governing body of the county on the foreshore, beach strand, or the barrier dune system, to accept written appearances, waivers of trial or hearing, and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Court Judges pursuant to G.S. 7A‑148, and in such cases, to enter judgment and collect the fines or penalties and costs;
(3)	To issue arrest warrants valid throughout the State;
(4)	To issue search warrants valid throughout the county;
(5)	To grant bail before trial for any noncapital offense;
(6)	Notwithstanding the provisions of subdivision (1) of this  subsection, to hear and enter judgment as the chief district judge shall direct in all worthless check cases brought under G.S. 14‑107, when the amount of the check is two thousand dollars ($2,000) or less. Provided, however, that under this section magistrates may not impose a prison sentence longer than 30 days;
(7)	To conduct an initial appearance as provided in G.S. 15A‑511; and
(8)	To accept written appearances, waivers of trial and pleas of guilty in violations of G.S. 14‑107 when the amount of the check is two thousand dollars ($2,000) or less, restitution, including service charges and processing fees allowed by G.S. 14‑107, is made, and the warrant does not charge a fourth or subsequent violation of this statute, and in these cases to enter judgments as the chief district judge directs.
(9)	Repealed by Session Laws 1991 (Regular Session, 1992), c. 900, s. 118(d).
(b)	In criminal actions or infractions, a magistrate has the additional authority, if so assigned by the chief district court judge and subject to any limitations imposed by the chief district court judge, to hear, decide, and enter judgment in all infractions and Class 3 misdemeanor cases, regardless of penalty or offense. The additional authority granted in this subsection may be assigned to a magistrate by a chief district court judge only with the consent of the clerk of superior court of the county in which the magistrate is assigned and after consultation with the district attorney."
SECTION 2.  G.S. 7A‑452(c) reads as rewritten:
"(c)	(1)	The clerk of superior court is authorized to make a determination of indigency and entitlement to counsel, as authorized by this Article. The word "court," as it is used in this Article and in any rules pursuant to this Article, includes the clerk of superior court.
(1a)	A magistrate may make a determination of indigency and entitlement to counsel, in connection with any case that is calendared before the magistrate, as authorized by this Article. As used in this Article, the term "court" includes magistrates.
(2)	A judge of superior or district court having authority to determine entitlement to counsel in a particular case may give directions to the clerk or magistrate with regard to the determination of entitlement to counsel in that case; may, if he finds it appropriate, change or modify the determination made by the  clerk or magistrate; and may set aside a finding of waiver of counsel made by the  clerk or magistrate."
SECTION 3.  G.S. 7A‑180 is amended by adding a new subdivision to read:
"(10)	Has the power, upon the mutual consent of the chief district court judge and the clerk of superior court and after consultation with the district attorney of the county in which the clerk of superior court serves, to hear, decide, and enter judgment in all infractions and Class 3 misdemeanor cases, regardless of penalty or offense."
SECTION 4.  G.S. 7A‑181 reads as rewritten:
"§ 7A‑181.  Functions of assistant and deputy clerks of superior court in district court matters.
(a)	Assistant and deputy clerks of superior court:
(1)	Have the same powers and duties with respect to matters in the district court division as they have in the superior court division;
(2)	Have the same powers as the clerk of superior court with respect to the issuance of warrants and acceptance of written appearances, waivers of trial and pleas of guilty; and
(3)	Have the same power as the clerk of superior court to fix conditions of release in accordance with Chapter 15A, Article 26, Bail, and the same power as the clerk of superior court to conduct an initial appearance in accordance with Chapter 15A, Article 24, Initial Appearance.
(b)	An assistant clerk of superior court also has the same power as the clerk of superior court, upon the mutual consent of the chief district court judge and the clerk of superior court and after consultation with the district attorney of the county in which the assistant clerk of superior court serves, to hear, decide, and enter judgment in all infractions and Class 3 misdemeanor cases, regardless of penalty or offense."
SECTION 5.  G.S. 15A‑1115(a) reads as rewritten:
"(a)	Appeal of District Court Decision. – A person who denies responsibility and is found responsible for an infraction in the district court, before a district court judge, before a magistrate pursuant to G.S. 7A-273(b), before the clerk of court pursuant to G.S. 7A-180(10), or before an assistant clerk of superior court pursuant to G.S. 7A‑181(b), within 10 days of the hearing, may appeal the decision to the criminal division of the superior court for a hearing de novo. Upon appeal, the defendant is entitled to a jury trial unless he consents to have the hearing conducted by the judge. The State must prove beyond a reasonable doubt that the person charged is responsible for the infraction unless the person admits responsibility. Unless otherwise provided by law, the procedures applicable to misdemeanors disposed of in the superior court apply to those infraction hearings. In the superior court, a prosecutor must represent the State. Appeal from the judgment in the superior court is as provided for other criminal actions in superior court, and the Attorney General must represent the State in an appeal of such actions."
SECTION 6.  G.S. 15A‑1431 reads as rewritten:
"§ 15A‑1431.  Appeals by defendants from magistrate and district court judge; trial de novo.
(a)	A defendant convicted before a magistrate pursuant to G.S. 7A-273(a) may appeal for trial de novo before a district court judge without a jury. A defendant convicted before a magistrate pursuant to G.S. 7A-273(b), before a clerk of superior court pursuant to G.S. 7A-180(10), or before an assistant clerk of superior court pursuant to G.S. 7A-181(b) may appeal the decision to the criminal division of the superior court for a trial de novo.
(b)	A defendant convicted in the district court before the judge may appeal to the superior court for trial de novo with a jury as provided by law. Upon the docketing in the superior court of an appeal from a judgment imposed pursuant to a plea arrangement between the State and the defendant, the jurisdiction of the superior court over any misdemeanor dismissed, reduced, or modified pursuant to that plea arrangement shall be the same as was had by the district court prior to the plea arrangement.
(c)	Within 10 days of entry of judgment, notice of appeal may be given orally in open court or in writing to the clerk. Within 10 days of entry of judgment, the defendant may withdraw his appeal and comply with the judgment. Upon expiration of the 10‑day period, if an appeal has been entered and not withdrawn, the clerk must transfer the case to the appropriate court.
(d)	A defendant convicted by a magistrate pursuant to G.S. 7A-273, by a clerk of superior court pursuant to G.S. 7A-180(10), by an assistant clerk of superior court pursuant to G.S. 7A-181(b), or by a district court judge is not barred from appeal because of compliance with the judgment, but notice of appeal after compliance must be given by the defendant in person to the  judicial official who heard the case or, if  that official is not available, notice  shall be  given in one of the following ways:
(1)	Before a magistrate in the county, in the case of appeals from the  magistrate.
(1a)	Before an assistant clerk of court, in the case of appeals from the clerk or assistant clerk of superior court.(2)	During an open session of district court in the district court district as defined in G.S. 7A‑133, in the case of appeals from district court.
The magistrate, clerk, assistant clerk, or district court judge  shall review the case and fix conditions of pretrial release as appropriate. If a defendant has paid a fine or costs and then appeals, the amount paid must be remitted to the defendant, but the judge,  clerk, assistant clerk, or magistrate to whom notice of appeal is given may order the remission delayed pending the determination of the appeal.
(e)	Any order of pretrial release remains in effect pending appeal by the defendant unless the judge modifies the order.
(f)	Appeal pursuant to this section stays the execution of portions of the judgment relating to fine and costs. Appeal stays portions of the judgment relating to confinement when the defendant has complied with conditions of pretrial release. If the defendant cannot comply with conditions of pretrial release, the judge may order confinement in a local confinement facility pending the trial de novo in superior court.
(g)	The defendant may withdraw his appeal at any time prior to calendaring of the case for trial de novo. The case is then automatically remanded to the court from which the appeal was taken, for execution of the judgment.
(h)	The defendant may withdraw his appeal after the calendaring of the case for trial de novo only by consent of the court, and with the attachment of costs of that court, unless the costs or any part of the costs are remitted by the court. The case may then be remanded by order of the court to the court from which the appeal was taken for execution of the judgment with any additional court costs that attached and that have not been remitted."
SECTION 7.  G.S. 7A‑272(c) reads as rewritten:
"(c)	With the consent of the presiding district court judge, the prosecutor, and the defendant, the district court has jurisdiction to accept a defendant's plea of guilty or no contest to a Class  D, E, F, G, H, or I felony, regardless of the seriousness of the original charge, if:
(1)	The defendant is charged with a felony in an information filed pursuant to G.S. 15A‑644.1, the felony is pending in district court, and the defendant has not been indicted for the offense; or
(2)	The defendant has been indicted for a criminal offense but the defendant's case is transferred from superior court to district court pursuant to G.S. 15A‑1029.1."
SECTION 8.  G.S. 15A‑1029.1(a) reads as rewritten:
"(a)	With the consent of both the prosecutor and the defendant, the presiding superior court judge may order a transfer of the defendant's case to the district court for the purpose of allowing the defendant to enter a plea of guilty or no contest to a Class  D, E, F, G, H, or I felony, regardless of the seriousness of the original charge."
SECTION 9.  G.S. 7A‑271 reads as rewritten:
"§ 7A‑271.  Jurisdiction of superior court.
(a)	The superior court has exclusive, original jurisdiction over all criminal actions not assigned to the district court division by this Article, except that the superior court has jurisdiction to try a misdemeanor:
(1)	Which is a lesser included offense of a felony on which an indictment has been returned, or a felony information as to which an indictment has been properly waived; or
(2)	When the charge is initiated by presentment; or
(3)	Which may be properly consolidated for trial with a felony under G.S. 15A‑926;
(4)	To which a plea of guilty or nolo contendere is tendered in lieu of a felony charge; or
(5)	When a misdemeanor conviction is appealed to the superior court for trial de novo, to accept a guilty plea to a lesser included or related charge.
(a1)	With the consent of the presiding district court judge and the presiding superior court judge, a superior court judge may exercise the jurisdiction of the district court to hear and enter judgment in misdemeanors pending in the district court. Appeals from misdemeanor convictions before a superior court judge exercising the jurisdiction of the district court shall be to superior court for a trial de novo before a different superior court judge.
(b)	Except as otherwise provided by law, appeals by the State or the defendant from the district court are to the superior court. The jurisdiction of the superior court over misdemeanors appealed from the district court to the superior court for trial de novo is the same as the district court had in the first instance, and when that conviction resulted from a plea arrangement between the defendant and the State pursuant to which misdemeanor charges were dismissed, reduced, or modified, to try those charges in the form and to the extent that they subsisted in the district court immediately prior to entry of the defendant and the State of the plea arrangement.
(c)	When a district court is established in a district, any superior court judge presiding over a criminal session of court shall order transferred to the district court any pending misdemeanor which does not fall within the provisions of subsection (a), and which is not pending in the superior court on appeal from a lower court.
(d)	The criminal jurisdiction of the superior court includes the jurisdiction to dispose of infractions only in the following circumstances:
(1)	If the infraction is a lesser‑included violation of a criminal  action properly before the court, the court must submit the infraction for the jury's consideration in factually appropriate cases.
(2)	If the infraction is a lesser‑included violation of a criminal action properly before the court, or if it is a related charge, the court may accept admissions of responsibility for the infraction. A proper pleading for the criminal action is sufficient to support a finding of responsibility for the lesser‑included infraction.
(e)	With the consent of the presiding district court judge and the presiding superior court judge, a superior court judge may exercise the jurisdiction of the district court to hear and enter judgment in infractions pending in the district court. Appeals from infraction convictions before a superior court judge exercising the jurisdiction of the district court shall be to superior court for a trial de novo before a different superior court judge."
SECTION 10.  G.S. 7A‑210 reads as rewritten:
"§ 7A‑210.  Small claim action defined.
For purposes of this Article a small claim action is a civil action wherein:
(1)	The amount in controversy, computed in accordance with G.S. 7A‑243, does not exceed  five thousand dollars ($5,000); and
(2)	The only principal relief prayed is monetary, or the recovery of specific personal property, or summary ejectment, or any combination of the foregoing in properly joined claims; and
(3)	The plaintiff has requested assignment to a magistrate in the manner provided in this Article.
The seeking of the ancillary remedy of claim and delivery or an order from the clerk of superior court for the relinquishment of property subject to a lien pursuant to G.S 44A‑4(a) does not prevent an action otherwise qualifying as a small claim under this Article from so qualifying."
SECTION 11.  G.S. 50‑34 is amended by adding a new subsection to read:
"(a1)	Districts May Elect Expedited Process. – A chief district court judge in a district court district that is not required by G.S. 50-33(b) to implement the expedited process may elect to implement the expedited child support process provided for in this Article in any or all counties within a district court district. A chief district court judge may implement the expedited child support process only with the consent of the clerk of superior court of any county in which the process is implemented. Notwithstanding subsection (b) of this section, when a district court district elects to implement the expedited child support process, the chief district court judge and the clerk of superior court in an affected county shall determine by agreement whether the  child support hearing officer or officers for that county shall be one or more clerks or assistant clerks or one or more magistrates. If it is decided that the hearing officer or officers for a county shall be magistrates, the chief district court judge shall designate the person or persons to serve as a hearing officer. If it is decided that the hearing officer or officers for a county shall be the clerk or assistant clerks, the clerk of superior court in the county shall designate the person or persons to serve as hearing officer. The chief district court judge, the clerk of superior court, and the Administrative Officer of the Courts shall ensure the qualification of the persons designated as child support hearing officers."
SECTION 12.  G.S. 50‑10 is repealed.
SECTION 13.  G.S. 1A‑1, Rule 55(b)(1), reads as rewritten:
"(b)	Judgment. – Judgment by default may be entered as follows:
(1)	By the Clerk. – 
a.	When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and if the defendant is not an infant or incompetent person. A verified pleading may be used in lieu of an affidavit when the pleading contains information sufficient to determine or compute the sum certain.
In all cases wherein, pursuant to this rule, the clerk enters judgment by default upon a claim for debt which is secured by any pledge, mortgage, deed of trust or other contractual security in respect of which foreclosure may be had, or upon a claim to enforce a lien for unpaid taxes or assessments under G.S. 105‑414, the clerk may likewise make all further orders required to consummate foreclosure in accordance with the procedure provided in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales".
b.	The clerk of superior court, upon request of the plaintiff, may enter judgment in cases in which the plaintiff's only claim against the defendant is for absolute divorce, or absolute divorce and the resumption of a former name, and the defendant has been defaulted for failure to appear, or the defendant has answered admitting the allegations of the complaint and joining in the request for an absolute divorce, or the defendant has filed a waiver of the right to answer and joined in the request for an absolute divorce, and the defendant is not an infant or incompetent person."
SECTION 14.  This act becomes effective October 1, 2003, and applies to cases pending on or filed on or after that date.

Page 	 	DRS55103-LL-64  (3/5)

DRS55103-LL-64  (3/5)	 	Page