NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1077

HOUSE BILL 1437

 

 

AN ACT TO RECREATE THE NORTH CAROLINA COURTS COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. Chapter 7A is amended by addition of a new Article 40 in Subchapter X thereof to read as follows:

"Article 40.

"North Carolina Courts Commission.

"§ 7A-510.  Creation; members; terms; qualifications; vacancies. — The North Carolina Courts Commission is hereby created. It shall consist of 15 voting members, five to be appointed by the Governor, five by the President of the Senate, and five by the Speaker of the House of Representatives. At least three of the appointees of each appointing authority shall be practicing attorneys, at least three appointees of each appointing authority shall be members or former members of the General Assembly, and at least one appointee of each appointing authority shall be a layman. Three of the initial appointees of the Governor shall serve for two years, and two shall serve for four years. Three of the initial appointees of the President and the Speaker shall serve for four years, and two shall serve for two years. All initial terms shall begin July 1, 1979. Subsequent terms are for four years, beginning July 1, 1981, and July 1 of each odd-numbered year thereafter. A vacancy in membership shall be filled by the appointing authority who made the initial appointment. A member whose term expires may be reappointed.

"§ 7A-511.  Ex officio members. — The following additional members shall serve ex officio: The Administrative Officer of the Courts; a representative of the N. C. State Bar appointed by the Council thereof; and a representative of the N. C. Bar Association appointed by the Board of Governors thereof. Ex officio members have no vote.

"§ 7A-512.  Duties. — It shall be the duty of the Commission to make continuing studies of the structure, organization, jurisdiction, procedures and personnel of the Judicial Department and of the General Court of Justice and to make recommendations to the General Assembly for such changes therein as will facilitate the administration of justice.

"§ 7A-513.  Chairman; meetings; compensation of members. — The Governor shall appoint a chairman from the legislative members of the Commission. The term of the chairman is two years, and he may be reappointed. The Commission shall meet at such times and places as the chairman shall designate. The facilities of the State Legislative Building shall be available to the Commission, subject to approval of the Legislative Services Commission. The members of the Commission shall receive the same per diem and reimbursement for travel expenses as members of State boards and commissions generally.

"§ 7A-514.  Supporting services. — The Commission is authorized to contract for such professional and clerical services as are necessary in the proper performance of its duties."

Sec. 2.  Appropriation. There is hereby appropriated from the General Fund to the Department of Administration for fiscal year 1979-80 the sum of forty thousand dollars ($40,000) and for fiscal year 1980-81 the sum of forty thousand dollars ($40,000) for support of the Courts Commission. Any unused funds shall revert to the General Fund.

Sec. 3.  This act shall become effective July 1, 1979.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.