North Carolina § 7A-292 - Additional powers of magistrates.

§ 7A-292. Additional powers of magistrates.

In addition to the jurisdiction and powers assigned in this Chapter to the magistrate in civil and criminal actions, each magistrate has the following additional powers: To administer oaths. To punish for direct criminal contempt subject to the limitations contained in Chapter 5A of the General Statutes of North Carolina. When authorized by the chief district judge, to take depositions and examinations before trial. To issue subpoenas and capiases valid throughout the county. To take affidavits for the verification of pleadings. To issue writs of habeas corpus ad testificandum, as provided in G.S. 17-41. To assign a year's allowance to the surviving spouse and a child's allowance to the children as provided in Chapter 30, Article 4, of the General Statutes. To take acknowledgments of instruments, as provided in G.S. 47-1. To perform the marriage ceremony, as provided in G.S. 51-1. To take acknowledgment of a written contract or separation agreement between husband and wife. Repealed by Session Laws 1973, c. 503, s. 9. To assess contribution for damages or for work done on a dam, canal, or ditch, as provided in G.S. 156-15. Repealed by Session Laws 1973, c. 503, s. 9. To accept the filing of complaints and to issue summons pursuant to Article 4 of Chapter 42A of the General Statutes in expedited eviction proceedings when the office of the clerk of superior court is closed. When authorized by the chief district judge, as permitted in G.S. 7A-146(11), to provide for appointment of counsel and acceptance of waivers of counsel pursuant to Article 36 of this Chapter. To appoint an umpire to determine motor vehicle liability policy diminution in value, as provided in G.S. 20-279.21(d1). The authority granted to magistrates under G.S. 51-1 and subdivision (a)(9) of this section is a responsibility given collectively to the magistrates in a county and is not a duty imposed upon each individual magistrate. The chief district court judge shall ensure that marriages before a magistrate are available to be performed at least a total of 10 hours per week, over at least three business days per week. History (1965, c. 310, s. 1; 1967, c. 691, s. 25; 1971, c. 377, s. 17; 1973, c. 503, s. 9; 1977, c. 375, s. 4; 1979, 2nd Sess., c. 1080, s. 6; 1994, Ex. Sess., c. 4, s. 4; 1999-420, s. 4; 1999-456, s. 9(a), (b); 2009-419, s. 1; 2009-440, s. 2; 2009-566, s. 28; 2009-570, s. 48.2; 2015-75, s. 4; 2015-247, s. 3(b).) Editor's Note. - Session Laws 2009-570, s. 48.2, provided: "If Senate Bill 660, 2009 Regular Session, and Senate Bill 514, 2009 Regular Session, both become law, then G.S. 7A-292(15) as enacted by Section 2 of Senate Bill 660 is recodified as G.S. 7A-292(16)." Senate Bill 660 is Session Laws 2009-440, effective January 1, 2010, and applicable to motor vehicle liability insurance policies issued or renewed on or after that date; Senate Bill 514 is Session Laws 2009-419, effective July 1, 2009. Session Laws 2015-75, s. 5, provides: "Any magistrate who resigned, or was terminated from, his or her office between October 6, 2014, and the effective date of this act [June 11, 2015] may apply to fill any vacant position of magistrate. Notwithstanding any other provision of law, with respect to any magistrate who resigned his or her office between October 6, 2014, and the effective date of this act, and who is subsequently reappointed as a magistrate within 90 days after the effective date of this act: "(1) For the period of time between that magistrate's resignation and his or her resumption of service upon reappointment, the magistrate shall not receive salary or other compensation and shall not earn leave. However, the magistrate shall be considered to have been serving as a magistrate during that period for purposes of determining continuous service, length of aggregate service, anniversary date, longevity pay rate, and the accrual of vacation and sick leave. "(2) For purposes of the Teachers' and State Employees' Retirement System and the calculation of benefits under that System, (i) the magistrate shall be considered to have been an employee under G.S. 135-1(10) during the break in service, (ii) the period of the break in service shall be counted as membership service under G.S. 135-1(14), and (iii) the magistrate shall be deemed to have earned compensation under G.S. 135-1(7a) during the break in service at the rate of compensation that would have applied had there been no break in service. "(3) The Judicial Department shall pay and submit both the employee and employer contributions to the Retirement Systems Division on behalf of the magistrate as though that magistrate had been in active service during the period in question. Those contributions shall be submitted within 90 days of the magistrate's resumption of service and shall not be subject to penalties or interest if submitted within that 90-day period." Effect of Amendments. - Session Laws 2009-419, s. 1, effective July 1, 2009, added subdivision (15); and made minor punctuation and stylistic changes throughout. Session Laws 2015-75, s. 4, effective June 11, 2015, added subsection (a) designation and added subsection (b). Session Laws 2015-247, s. 3(b), effective September 23, 2015, inserted "and acceptance of waivers of counsel" in subdivision (15). Legal Periodicals. - For survey of 1980 law on civil procedure, see 59 N.C.L. Rev. 1067 (1981). 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).