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S 382 Enacts Provisions that Impact the Courts

Yesterday, the General Assembly overrode Governor Cooper’s veto to enact S.L. 2024-57 (S 382). The legislation, which was focused in part on disaster recovery following Hurricane Helene, impacts the court system in several notable ways:

  • It appropriates $8.2 million to the Office of Indigent Defense Services (IDS) to ensure timely payments to private assigned counsel representing indigent defendants (Section 2D.3);
  • It creates two new special superior court judgeships to be filled by legislative appointment (Section 2D.4(a));
  • It eliminates, as of January 1, 2029, two superior court districts, one in Wake County and one in Forsyth County (Section 2D.5);
  • It modifies the process for filling vacancies on the appellate courts (Section 3C.1);
  • It abolishes the Courts Commission (Section 3C.2);
  • It provides for appointment of senior resident superior court judges by the Chief Justice of the North Carolina Supreme Court (Section 3C.3); and
  • It authorizes the Director of the Administrative Office of the Courts (AOC) to employ or retain counsel to represent judicial branch officers and employees (Section 3D.2).

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How the Proposed Constitutional Amendment Would Change Judicial Appointments

This November, North Carolina voters will be asked to vote for or against a “Constitutional amendment to implement a nonpartisan merit-based system that relies on professional qualifications instead of political influence when nominating Justices and judges to be selected to fill vacancies that occur between judicial elections.” If voters approve the amendment, what will change about the way judges are selected in North Carolina?

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Can a District Court Judge Sign an Order for Phone Records?

Last year, I published a paper about law enforcement access to phone records and other information about electronic communications. In the paper, I explained that “[a]mong North Carolina judges, only superior court judges may issue court orders for phone records.” As luck would have it, a few weeks later, Congress amended some of the relevant … Read more