North Carolina § 7A-171 - 1. Duty hours, salary, and travel expenses within county.

§ 7A-171. 1. Duty hours, salary, and travel expenses within county.

The Administrative Officer of the Courts, after consultation with the chief district judge and pursuant to the following provisions, shall set an annual salary for each magistrate: A full-time magistrate shall be paid the annual salary indicated in the table set out in this subdivision. A full-time magistrate is a magistrate who is assigned to work an average of not less than 40 hours a week during the term of office. The Administrative Officer of the Courts shall designate whether a magistrate is full-time. Initial appointment shall be at the entry rate. A magistrate's salary shall increase to the next step every two years on the anniversary of the date the magistrate was originally appointed for increases to Steps 1 through 3, and every four years on the anniversary of the date the magistrate was originally appointed for increases to Steps 4 through 6. A part-time magistrate is a magistrate who is assigned to work an average of less than 40 hours of work a week during the term, except that no magistrate shall be assigned an average of less than 10 hours of work a week during the term. A part-time magistrate is included, in accordance with G.S. 7A-170, under the provisions of G.S. 135-1(10) and G.S. 135-40.2(a). The Administrative Officer of the Courts designates whether a magistrate is a part-time magistrate. A part-time magistrate shall receive an annual salary based on the following formula: The average number of hours a week that a part-time magistrate is assigned work during the term shall be multiplied by the annual salary payable to a full-time magistrate who has the same number of years of service prior to the beginning of that term as does the part-time magistrate and the product of that multiplication shall be divided by the number 40. The quotient shall be the annual salary payable to that part-time magistrate. Notwithstanding any other provision of this subsection, a magistrate who is licensed to practice law in North Carolina or any other state shall receive the annual salary provided in the Table in subdivision (1) of this subsection for Step 4. Repealed by Session Laws 2018-5, s. 35.7, effective July 1, 2018. The Administrative Officer of the Courts shall provide magistrates with longevity pay at the same rates as are provided by the State to its employees subject to the North Carolina Human Resources Act. Notwithstanding G.S. 138-6, a magistrate may not be reimbursed by the State for travel expenses incurred on official business within the county in which the magistrate resides. Table of Salaries of Full-Time Magistrates Step Level Annual Salary Entry Rate $40,576 Step 1 $43,571 Step 2 $46,802 Step 3 $50,222 Step 4 $54,322 Step 5 $59,259 Step 6 $64,792. History (1977, c. 945, s. 5; 1979, c. 838, s. 84; c. 991; 1979, 2nd Sess., c. 1137, s. 11; 1981, c. 914, s. 1; c. 1127, s. 11; 1983, c. 761, s. 199; c. 923, s. 217; 1983 (Reg. Sess., 1984), c. 1034, ss. 84, 211; 1985, c. 479, s. 210; c. 698, ss. 13(a), (b) (14); 791, s. 39.1; 1985 (Reg. Sess., 1986), c. 1014, ss. 36, 223(a); 1987, c. 564, s. 12; c. 738, ss. 22, 34; 1987 (Reg. Sess., 1988), c. 1086, s. 16; 1989, c. 752, s. 33; 1991, c. 742, s. 14(a); 1991 (Reg. Sess., 1992), c. 900, ss. 41, 43; c. 1044, s. 9.1; 1993, c. 321, s. 60; 1993 (Reg. Sess., 1994), c. 769, s. 7.13(b), (c); 1995, c. 507, s. 7.7(a), (b); 1996, 2nd Ex. Sess., c. 18, s. 28.6(a), (b); 1999-237, s. 28.6(a), (b); 2000-67, s. 26.6; 2001-424, s. 32.7; 2004-124, s. 31.7(b); 2005-276, s. 29.7(a), (b); 2006-66, s. 22.7(a), (b); 2007-323, ss. 28.7(a), (b); 2008-107, ss. 26.7(a), (b); 2012-142, s. 25.1A(g), (h); 2013-382, s. 9.1(c); 2014-100, s. 35.3(f), (g); 2016-94, s. 36.6(a); 2017-57, s. 35.4C; 2018-5, s. 35.7; 2019-209, s. 3.7(a), (a1).) Editor's Note. - Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 7.13(d), provides: "Notwithstanding the provisions of G.S. 7A-171.1 or G.S. 7A-171.2, as rewritten by this act, any magistrate hired on or after July 1, 1994 and before the date of ratification of this act [July 16, 1994] shall be treated as though they were employed on June 30, 1994, if the magistrate does not possess the educational and experience qualifications required by this section." Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 43.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1994-95 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1994-95 fiscal year." Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act: '(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.' '(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.' '(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'" Section Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary." Effect of Amendments. - Session Laws 2004-124, s. 31.7(b), effective July 1, 2004, in subsection (a), rewrote the amounts listed under "Annual Salary" in subdivision (1), and rewrote subdivision (3); and in subdivision (a1)(1), substituted "22,325" for "21,325," "23,389" for "22,389," and "25,530" for "24,530" in the list of salaries of magistrates. Session Laws 2005-276, ss. 29.7(a) and 29.7(b), effective July 1, 2005, in subdivision (a)(1), rewrote the salaries listed in the Table of Salaries; in subdivision (a1)(1), substituted "23,175" for "22,325," "24,239" for "23,389," and "26,380" for "25,530." Session Laws 2006-66, s. 22.7(a) and (b), effective July 1, 2006, updated the "Table of Salaries of Full-Time Magistrates" in subdivision (a)(1); and updated the salaries in subdivision (a1)(1). Session Laws 2007-323, ss. 28.7(a) and 28.7(b), effective July 1, 2007, increased the annual salary of full-time magistrates in subdivision (a)(1); and increased the annual salary of magistrates in subdivision (a1)(1). Session Laws 2008-107, s. 26.7 (a) and (b), effective July 1, 2008, increased the amounts listed in the Annual Salary column under "Table of Salaries of Full Time Magistrates" in subdivision (a)(1); and in subdivision (a1)(1), in the table of magistrate salaries, substituted "26,528 " for "25,428," "27,695" for "26,595," and "30,044" for "28,944." Session Laws 2012-142, s. 25.1A(g), (h), effective July 1, 2012, updated the Annual Salaries in subdivision (a)(1), and increased the annual salary of full-time magistrates in subdivision (a1)(1). Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" at the end of subsection (a2). Session Laws 2014-100, s. 35.3(f), (g), effective July 1, 2014, rewrote the annual salary values in the table in subdivision (a)(1); and in subdivision (a1)(1), inserted "minimum and maximum" in the introductory language, added "Minimum" table heading over the second column, inserted dashes in the table, and added the third column heading and monetary values. Session Laws 2016-94, s. 36.6(a), effective July 1, 2016, rewrote the tables in subdivision (a)(1) and subdivision (a1)(1). Session Laws 2017-57, s. 35.4C., effective July 1, 2017, rewrote the tables in subdivision (a)(1) and subdivision (a1)(1). Session Laws 2018-5, s. 35.7, effective July 1, 2018, in subdivision (a)(1), increased the annual salary amounts in the table of salaries of full-time magistrates; and deleted subsection (a1) pertaining to salary amounts for magistrates serving on June 30, 1994. Session Laws 2019-209, s. 3.7(a), effective July 1, 2019, rewrote the table titled "Annual Salary" following subdivision (a)(1). Session Laws 2019-209, s. 3.7(a1), effective July 1, 2020, increased the salaries in subdivision (a)(1). Legal Periodicals. - For article discussing 1983 amendments to the Federal Rules of Civil Procedure relative to magistrate practice, comparing state court magistrate practice, and making certain suggestions, see 20 Wake Forest L. Rev. 819 (1984).