North Carolina § 7A-146 - Administrative authority and duties of chief district judge.

§ 7A-146. Administrative authority and duties of chief district judge.

The chief district judge, subject to the general supervision of the Chief Justice of the Supreme Court, has administrative supervision and authority over the operation of the district courts and magistrates in his district. These powers and duties include, but are not limited to, the following: Arranging schedules and assigning district judges for sessions of district courts. Arranging or supervising the calendaring of noncriminal matters for trial or hearing. Supervising the clerk of superior court in the discharge of the clerical functions of the district court. Assigning matters to magistrates, and consistent with the salaries set by the Administrative Officer of the Courts, prescribing times and places at which magistrates shall be available for the performance of their duties; however, the chief district judge may in writing delegate his authority to prescribe times and places at which magistrates in a particular county shall be available for the performance of their duties to another district court judge or the clerk of the superior court, or the judge may appoint a chief magistrate to fulfill some or all of the duties under subdivision (12) of this section, and the person to whom such authority is delegated shall make monthly reports to the chief district judge of the times and places actually served by each magistrate. Making arrangements with proper authorities for the drawing of civil court jury panels and determining which sessions of district court shall be jury sessions. Arranging for the reporting of civil cases by court reporters or other authorized means. Arranging sessions, to the extent practicable for the trial of specialized cases, including traffic, domestic relations, and other types of cases, and assigning district judges to preside over these sessions so as to permit maximum practicable specialization by individual judges. Repealed by Session Laws 1991 (Regular Session, 1992), c. 900, s. 118(b), effective July 15, 1992. Assigning magistrates when exigent circumstances exist to temporary duty outside the county of their residence but within that district pursuant to the policies and procedures prescribed under G.S. 7A-343(11); and, upon the request of a chief district judge of another district and upon the approval of the Administrative Officer of the Courts, to temporary duty in the district of the requesting chief district judge pursuant to the policies and procedures prescribed under G.S. 7A-343(11). Designating another district judge of his district as acting chief district judge, to act during the absence or disability of the chief district judge. Designating certain magistrates to appoint counsel and accept waivers of counsel pursuant to Article 36 of this Chapter. This designation does not give any magistrate the authority to appoint counsel or accept waivers of counsel for potentially capital offenses, as defined by rules adopted by the Office of Indigent Defense Services. Designating a full-time magistrate in a county to serve as chief magistrate for that county for an indefinite term and at the judge's pleasure. The chief magistrate shall have the derivative administrative authority assigned by the chief district court judge under subdivision (4) of this section. This subdivision applies only to counties in which the chief district court judge determines that designating a chief magistrate would be in the interest of justice. History (1965, c. 310, s. 1; 1971, c. 377, s. 8; 1977, c. 945, s. 1; 1983, c. 586, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 85; 1985, c. 425, s. 2; c. 764, s. 8; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1991 (Reg. Sess., 1992), c. 900, s. 118(b); 2009-419, s. 2; 2011-411, s. 2(b); 2013-89, s. 1; 2015-247, s. 3(a); 2018-138, s. 2.12(c).) Effect of Amendments. - Session Laws 2009-419, s. 2, effective July 1, 2009, added subdivision (11) and made minor punctuation and stylistic changes throughout. Session Laws 2011-411, s. 2(b), effective September 15, 2011, twice added "pursuant to the policies and procedures prescribed under G.S. 7A-343(11)" in subdivision (9). Session Laws 2013-89, s. 1, effective June 12, 2013, in subdivision (4), inserted "or the judge may appoint a chief magistrate to fulfill some or all of the duties under subdivision (12) of this section" near the end, and added subdivision (12). Session Laws 2015-247, s. 3(a), effective September 23, 2015, in subdivision (11), added "and accept waivers of counsel" in the first sentence, deleted "may only be given to magistrates who are duly licensed attorneys and" following "This designation," added "or accept waivers of counsel," and deleted "or (ii) accept a waiver of counsel" at the end of second sentence. Session Laws 2018-138, s. 2.12(c), effective December 3, 2018, in subdivision (9), substituted "when exigent circumstances exist" for "during an emergency" following "magistrates"; and substituted "another" for "an adjoining" following "chief district judge of." 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).