North Carolina § 7A-60 - District attorneys and prosecutorial districts.

§ 7A-60. District attorneys and prosecutorial districts.

The State shall be divided into prosecutorial districts, as shown in subsection (a1) of this section. There shall be a district attorney for each prosecutorial district, as provided in subsections (b) and (c) of this section who shall be a resident of the prosecutorial district for which elected. A vacancy in the office of district attorney shall be filled as provided in Article IV, Sec. 19 of the Constitution. (Effective January 1, 2021 through December 31, 2022) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table: (Effective January 1, 2023) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table: Repealed by Session Laws 2017-57, s. 18B.9(f), effective June 28, 2017. Except as provided in subsection (c) of this section, each district attorney for a prosecutorial district as defined in subsection (a1) of this section, other than District 19B, who is in office on December 31, 1988, shall continue in office for that prosecutorial district, for a term expiring December 31, 1990. In the general election of 1990, and every four years thereafter, a district attorney shall be elected for a four-year term for each prosecutorial district other than Districts 16A and 19B, and shall take office on the January 1 following such election. The district attorney for Prosecutorial District 19B, who is elected in the general election of 1988 for a four-year term beginning January 1, 1989, shall serve that term for Prosecutorial District 19B. In the general election of 1992, and every four years thereafter, a district attorney shall be elected for a four-year term for Prosecutorial Districts 16A and 19B and shall take office on the January 1 following such election. The office and term of the district attorney for Prosecutorial District 12 formerly consisting of Cumberland and Hoke Counties are allocated to Prosecutorial District 12 as defined by subsection (a1) of this section. The office and the term of the district attorney for former Prosecutorial District 16 consisting of Robeson and Scotland Counties are allocated to Prosecutorial District 16B as defined by subsection (a1) of this section. The initial district attorney for Prosecutorial District 16A as defined in subsection (a1) of this section shall be elected in the general election of November 1988, from nominations made in accordance with G.S. 163-114 as if a vacancy had occurred in nomination, and shall serve an initial term expiring December 31, 1992. In all other respects, subsection (b) of this section shall apply to the district attorneys for Prosecutorial Districts 12, 16A, and 16B to the same extent as all other district attorneys. No. of Full-Time Prosecutorial Asst. District District Counties Attorneys 1 Camden, Chowan, Currituck, 12 Dare, Gates, Pasquotank, Perquimans 2 Beaufort, Hyde, Martin, 8 Tyrrell, Washington 3 Pitt 12 4 Carteret, Craven, Pamlico 13 5 Duplin, Jones, Onslow, 20 Sampson 6 New Hanover, Pender 20 7 Bertie, Halifax, Hertford, 11 Northampton 8 Edgecombe, Nash, Wilson 19 9 Greene, Lenoir, Wayne 15 10 Wake 42 11 Franklin, Granville, Person 15 Vance, Warren 12 Harnett, Lee 12 13 Johnston 11 14 Cumberland 25 15 Bladen, Brunswick, Columbus 15 16 Durham 18 17 Alamance 12 18 Orange, Chatham 10 20 Robeson 13 21 Anson, Richmond, Scotland 9 22 Caswell, Rockingham 9 23 Stokes, Surry 8 24 Guilford 35 25 Cabarrus 10 26 Mecklenburg 58 27 Rowan 9 29 Hoke, Moore 9 28 Montgomery, Stanly 6 30 Union 11 31 Forsyth 27 32 Alexander, Iredell 13 33 Davidson, Davie 12 34 Alleghany, Ashe, Wilkes, 9 Yadkin 35 Avery, Madison, Mitchell, 8 Watauga, Yancey 36 Burke, Caldwell, Catawba 20 37 Randolph 10 38 Gaston 16 39 Cleveland, 13 Lincoln 40 Buncombe 14 41 McDowell, Rutherford 8 42 Henderson, Polk, Transylvania 9 43 Cherokee, Clay, Graham, 13 Haywood, Jackson, Macon, Swain. No. of Full-Time Prosecutorial Asst. District District Counties Attorneys 1 Camden, Chowan, Currituck, 12 Dare, Gates, Pasquotank, Perquimans 2 Beaufort, Hyde, Martin, 8 Tyrrell, Washington 3 Pitt 12 4 Carteret, Craven, Pamlico 13 5 Duplin, Jones, Onslow, 20 Sampson 6 New Hanover, Pender 20 7 Bertie, Halifax, Hertford, 11 Northampton 8 Edgecombe, Nash, Wilson 19 9 Greene, Lenoir, Wayne 15 10 Wake 42 11 Franklin, Granville, Person 15 Vance, Warren 12 Harnett, Lee 12 13 Johnston 11 14 Cumberland 25 15 Bladen, Brunswick, Columbus 15 16 Durham 18 17 Alamance 12 18 Orange, Chatham 10 20 Robeson 13 21 Anson, Richmond, Scotland 9 22 Caswell, Rockingham 9 23 Stokes, Surry 8 24 Guilford 35 25 Cabarrus 10 26 Mecklenburg 58 27 Rowan 9 29 Hoke, Moore 9 28 Montgomery, Stanly 6 30 Union 11 31 Forsyth 27 32 Alexander, Iredell 13 33 Davidson, Davie 12 34 Alleghany, Ashe, Wilkes, 9 Yadkin 35 Avery, Madison, Mitchell, 8 Watauga, Yancey 36 Burke, Caldwell 10 37 Randolph 10 38 Gaston 16 39 Cleveland, 13 Lincoln 40 Buncombe 14 41 McDowell, Rutherford 8 42 Henderson, Polk, Transylvania 9 43 Cherokee, Clay, Graham, 13 Haywood, Jackson, Macon, Swain. 44 Catawba 10 History (1967, c. 1049, s. 1; 1975, c. 956, s. 4; 1977, c. 1130, s. 3; 1977, 2nd Sess., c. 1238, s. 2; 1981, c. 964, ss. 2, 3; 1987, c. 509, ss. 4, 5; c. 738, s. 127(a); 1987 (Reg. Sess., 1988), c. 1056, s. 1; c. 1086, s. 111; 1989, c. 770, ss. 1, 56; c. 795, s. 24(a), (e); 1991, c. 742, s. 13; 1991 (Reg. Sess., 1992), c. 900, s. 120(a), (b); 1993, c. 321, ss. 200.4( l ), 200.7(a), (b); 1995, c. 507, s. 21.7; 1995 (Reg. Sess., 1996), c. 589, s. 3(a); 1996, 2nd Ex. Sess., c. 18, s. 22(a); 1997-443, s. 18.11(a); 1998-212, s. 16.20(a); 1999-237, s. 17.8(a); 2004-124, s. 14.6(h); 2005-276, s. 14.2( l ); 2006-66, ss. 14.3(a), 14.19(a); 2007-323, ss. 14.14(a), (b), 14.25(j); 2008-107, s. 14.6; 2009-451, s. 15.17E(a); 2012-194, s. 1(b); 2013-360, s. 18B.22(k); 2014-100, s. 18B.7(a); 2017-6, s. 3; 2017-57, s. 18B.9(e), (f), (h), (i); 2017-197, s. 5.6(a)-(c); 2018-5, s. 18B.6; 2018-114, s. 24(a), (b); 2018-121, ss. 3(a), 7; 2018-146, ss. 3.1(a), (b), 6.1; 2019-229, s. 1(a)-(c); 2021-91, s. 13(b).) Subsection (a1) Set Out Twice. - The first version of subsection (a1) set out above is effective January 1, 2021, through December 31, 2022. The second version of subsection (a1) set out above is effective January 1, 2023. Reduction in Minimum Magistrate Positions. - Session Laws 2010-31, s. 15.14, as added by Session Laws 2010-123, s. 6.4, effective July 1, 2010, provides: "Notwithstanding any other provision of law relating to the number of positions in the Judicial Department, during the 2009-2011 biennium, the Administrative Office of the Courts may reduce positions in the Judicial Department to comply with budget reductions taken by action of the General Assembly for that Department. The Administrative Office of the Courts shall report to the Joint Legislative Commission on Governmental Operations, to the Fiscal Research Division of the General Assembly, and to the Revisor of Statutes, on any reductions taken that affect statutory staffing numbers in Chapter 7A of the General Statutes." Session Laws 2012-194, s. 1(a), provides: "The intent of this section is to codify the permanent reductions to the minimum number of magistrates in various counties and the number of full-time assistant district attorneys in certain prosecutorial districts that have been made by the Administrative Office of the Courts pursuant to Section 15.14 of S.L. 2010-31, as added by Section 6.4 of S.L. 2010-123, to the end that the General Statutes reflect the actual authorized numbers of magistrates and assistant district attorneys." John Smith, Director of the Administrative Office of the Courts, reported to the Revisor of Statutes et al. by memorandum dated June 30, 2011, that the number of full-time Assistant District Attorneys listed in this section has been reduced as shown in the following list (the numbers for prosecutorial districts not included in the list remains as set out in the section above). No. of Full- Time Asst. Prosecutorial District District Attorneys 6B 5 7 18 9 10 10 41 16B 12 19B 9 20A 11 25 18 27A 14 30 10 Session Laws 2012-194, s. 1(a), provides: "The intent of this section is to codify the permanent reductions to the minimum number of magistrates in various counties and the number of full-time assistant district attorneys in certain prosecutorial districts that have been made by the Administrative Office of the Courts pursuant to Section 15.14 of S.L. 2010-31, as added by Section 6.4 of S.L. 2010-123, to the end that the General Statutes reflect the actual authorized numbers of magistrates and assistant district attorneys." Session Laws 2012-194, s. 1(b), effectuated the changes from Judge Smith's memo. Preclearance Under Section 5 of the Voting Rights Act. - Session Laws 1993, c. 321, s. 200.4( l ), which amended subsection (a1), was effective November 1, 1993, or the date upon which subsections 200.4( l ) and (m) were approved under Section 5 of the Voting Rights Act of 1965, whichever was later. Preclearance was received from the U.S. Department of Justice by letter dated February 14, 1994. Session Laws 1995 (Reg. Sess., 1996), c. 589, s. 5, provides that c. 589, s. 3 becomes effective January 4, 1997, or the date upon which that section is approved under section 5 of the Voting Rights Act of 1965, whichever is later. Preclearance was received from the U.S. Department of Justice by letter dated December 16, 1996. Session Laws 2005-276, s. 14.2( l ), which amended subsection (a1), is effective January 1, 2007 or the date on which subsection ( l ) is approved under Section 5 of the Voting Rights Act of 1965, whichever is later. Preclearance was received from the U.S. Department of Justice by letter dated January 5, 2006. Session Laws 2009-451, s. 15.17E, which amended subsection (a1) of this section, is effective January 15, 2011, or the date of preclearance under Section 5 of the Voting Rights Act, whichever is later, pursuant to Session Laws 2009-451, s. 15.17E(c). Preclearance was received from the U.S. Department of Justice by letter dated February 4, 2010. Council of State Special Prosecutor Pilot Project. - Session Laws 2017-57, s. 18B.13, as added by Session Laws 2017-197, s. 5.7, provides: "(a) Pilot Project. The Administrative Office of the Courts, in consultation with the Conference of District Attorneys, may appoint up to two special prosecutors per Council of State member at the member's request to aid local district attorneys' offices in prosecuting cases arising under Article 15 of Chapter 14 of the North Carolina General Statutes, violations of Chapter 58 of the North Carolina General Statutes, and violations of Chapter 14 of the North Carolina General Statutes as they relate to insurance fraud. Attorneys appointed as special prosecutors under this program shall be agency attorneys currently employed in the department of the requesting Council of State member and shall have a physical office in the local district attorney's office throughout the duration of the special appointment. Special prosecutors shall report to the Director of the Administrative Office of the Courts or the director's designee on all cases related to the special appointment. Nothing in this section shall be construed to authorize the hiring of additional personnel or outside counsel. "(b) The Administrative Office of the Courts, in conjunction with the agencies that utilize the pilot program set out in subsection (a), shall report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by April 1, 2018. The report shall include the results of the pilot program and recommendations on whether the program should be extended. "(c) This section expires June 30, 2019, and all pending cases shall remain within the local district attorney's office for prosecution by attorneys employed by that office." Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163 A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes substituted "G.S. 163A-987" for "G.S. 163-114" in the first sentence. Session Laws 2018-146, ss. 3.1(a), (b), and 6.1 repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to references in subsection (c). Editor's Note. - Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'." Session Laws 2005-276, s. 46.5 is a severability clause. Session Laws 2007-323, s. 14.14(b), provides: "Notwithstanding G.S. 7A-60(a2) as enacted by subsection (a) of this section, for the 2007-2008 fiscal year, the Administrative Office of the Courts shall allocate the 30 additional assistant district attorneys authorized by this act based upon caseload and criteria developed by the Administrative Office of the Courts and shall report by October 1, 2007, to the Joint Legislative Commission of Governmental Operations, the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety, and the Fiscal Research Division regarding the allocation of assistant district attorneys for that year. The report shall include the number of assistant district attorneys allocated to each prosecutorial district and the caseload and criteria on which each allocation was based. The Administrative Office of the Courts shall transmit a copy of the order allocating the positions to the Revisor of Statutes. Upon receipt of such an order, the Revisor of Statutes shall revise the chart in G.S. 7A-60(a1) so that it reflects the changes made by the order." Pursuant to Session Laws 2007-323, s. 14.14(b), the 30 new assistant district attorney positions in subsection (a1) were allocated as follows: one position was added to Districts 3B, 5, 6B, 8, 10, 11, 12, 13, 14, 15B, 18, 19A, 19B, 19D, 20A, 20B, 23, 24, 29A, and 29B; two positions were added to District 4; and four positions each were added to Districts 21 and 26. Session Laws 2013-360, s. 18B.22( l ), provides: "The district attorney position established for Prosecutorial District 6 by subsection (k) of this section shall be filled by election in the 2014 general election for a four-year term commencing January 1, 2015. The district attorney positions for current Prosecutorial Districts 6A and 6B shall expire December 31, 2014." Session Laws 2013-360, s. 18B.22(n), provides: "The district attorney position established for Prosecutorial District 20A by subsection (k) of this section shall be filled by election in the 2014 general election for a four-year term commencing January 1, 2015." Session Laws 2013-360, s. 18B.22(p), provides: "The district attorney position established for Prosecutorial District 16C by subsection (k) of this section shall be filled by election in the 2014 general election for a four-year term commencing January 1, 2015." Session Laws 2013-360, s. 18B.22(q), made the amendments to the table in subsection (a1) of this section by Session Laws 2013-360, s. 18B.22(k), effective January 1, 2015, except that those provisions of this section requiring election in the 2014 general election are effective to provide for those elections when they become law [July 1, 2013]. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5 is a severability clause. Session Laws 2013-410, s. 1, effective August 23, 2013, rewrote the Article 9 heading, which formerly read "District Attorneys and Judicial Districts." Session Laws 2017-57, s. 18B.9(h), (i), provides: "(h) The office and term of the district attorney for Prosecutorial District 9A formerly consisting of Person and Caswell Counties is terminated upon the expiration of the current term, December 31, 2018. Effective January 1, 2019, District 9A is eliminated. All open investigations and pending cases for Prosecutorial District 9A formerly consisting of Person and Caswell Counties shall be transferred to either District 10 or District 22. Person County is added to District 10 and the number of ADAs in that district is increased by three. Caswell County is added to District 22 and the number of ADAs in that district is increased by three. "(i) The Revisor of Statutes shall modify G.S. 7A-60(a1) to reflect the directions set out in subsection (h) of this section." Session Laws 2017-57, s. 18B.9(h) is repealed by Session Laws 2017-197, s. 5.6(c), effective January 1, 2019. Session Laws 2017-57, s. 18B.9(j), provides: "This section is effective when it becomes law [June 28, 2017], and elections conducted in 2018 shall be conducted in accordance with the districts as modified by this section." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2017-197, s. 5.6(b), provides: "The office and term of the district attorney for Prosecutorial District 9A formerly consisting of Person and Caswell Counties is terminated upon the expiration of the current term, December 31, 2018. Effective January 1, 2019, District 9A is eliminated. All open investigations and pending cases for Prosecutorial District 9A formerly consisting of Person and Caswell Counties shall be transferred to either District 10 or District 22. Person County is added to District 10 and the number of ADAs in that district is increased by three. Caswell County is added to District 22 and the number of ADAs in that district is increased by three." Session Laws 2018-121, s. 3(b)-(d), as amended by Session Laws 2018-145, s. 8(a), and as amended by Session Laws 2021-91, s. 13(a), provides: "(b) The office and term of the district attorney for Prosecutorial District 19 formerly consisting of Hoke and Scotland Counties is terminated upon the expiration of the current term, December 31, 2020. Effective January 1, 2021, District 19 formerly consisting of Hoke and Scotland Counties is reassigned as provided in this section. All open investigations and pending cases for Prosecutorial District 19 formerly consisting of Hoke and Scotland Counties shall be transferred to either District 21 or District 29, as enacted by this section. Hoke County is added to District 29, as enacted by this section, and the total number of ADAs in that district is nine. Scotland County is added to District 21, and the total number of ADAs in that district is nine. "(c) The merging of Montgomery County into Prosecutorial District 28, as enacted by this section, becomes effective January 1, 2019. All open investigations and pending cases in Montgomery County are transferred to Prosecutorial District 28, effective January 1, 2019. The total number of ADAs in District 28 is six. "(d) The office and term of the district attorney for Prosecutorial District 36 formerly consisting of Burke, Caldwell, and Catawba Counties is terminated upon the expiration of the term expiring December 31, 2026. Effective January 1, 2027, District 36 formerly consisting of Burke, Caldwell, and Catawba Counties is reassigned as provided in this section. All open investigations and pending cases for Prosecutorial District 36 formerly consisting of Burke, Caldwell, and Catawba Counties shall be transferred to either District 36 or District 44, as enacted by this section. Burke and Caldwell Counties remain in District 36, as enacted by this section, and the total number of ADAs in that district is 10. Catawba County is added to District 44, and the total number of ADAs in that district is 10." Session Laws 2017-197, s. 5.6(d) made the amendment to subsection (a1) of this section by Session Laws 2017-197, s. 5.6(a), effective January 1, 2019, and provided that "elections conducted in 2018 shall be conducted in accordance with the districts as modified by this section." The prosecutorial districts in subsection (a1) were arranged in numerical order at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2007-323, s. 14.14(a), effective July 1, 2007, added subsection (a2). Session Laws 2007-323, s. 14.14(b), effective October 1, 2007, allocated 30 new assistant district attorney positions in subsection (a1), with one position being added to Districts 3B, 5, 6B, 8, 10, 11, 12, 13, 14, 15B, 18, 19A, 19B, 19D, 20A, 20B, 23, 24, 29A, and 29B; two positions were added to District 4; and four positions each were added to Districts 21 and 26. Session Laws 2007-323, s. 14.25(j), effective January 1, 2009, and applicable to the 2008 election, in subsection (a1), substituted "22A" for "22", in Prosecutorial District 22A, deleted "Davidson, Davie," following "Alexander" and substituted "11" for "20", and added Prosecutorial District 22B. Session Laws 2008-107, s. 14.6, effective July 1, 2008, rewrote subsection (a1), which became effective January 1, 2009. Session Laws 2009-451, s. 15.17E(a), effective January 15, 2011, in subsection (a1), redesignated District 11 as District 11A, deleted "Johnston" from the list of counties, and substituted "9" for "19"; and added District 11B. Session Laws 2012-194, s. 1(b), effective July 17, 2012, in subsection (a1), substituted "5" for "6" in District 6B, substituted "18" for "19" in District 7, substituted "10" for "12" in District 9, substituted "41" for "42" in District 10, substituted "12" for "13" in District 16B, substituted "9" for "10" in District 19B, substituted "11" for "12" in District 20A, substituted "18" for "19" in District 25, substituted "14" for "15" in District 27A, and substituted "10" for "11" in District 30. Session Laws 2013-360, s. 18B.22(k), effective January 1, 2015, in the table in subsection (a1), deleted "6A," "Halifax," and "5" following "5," "New Hanover, Pender," and "18" and "Anson, Richmond" following "20A," substituted "6" for "6B," "10" for "5" preceding "7," and "5" for "11" preceding "20B," and added "Halifax" preceding "Hertford, Northampton," and "16C," "Anson, Richmond," and "6." For effective date, see editor's note. Session Laws 2014-100, s. 18B.7(a), effective July 1, 2014, substituted "workload formula established through the National Center for State Courts" for "caseload and criteria" in the second sentence of subsection (a2). Session Laws 2017-57, s. 18B.9(e), (f), rewrote the table in subsection (a1); and deleted former subsection (a2). For effective date and applicability, see editor's note. Session Laws 2017-197, s. 5.6(a), in subsection (a1), for Prosecutorial District 10, added "Person", and increased No of Full-Time Asst. District Attorneys from "10" to "13"; deleted Prosecutorial District 9A, which read: "Person, Caswell"; in Prosecutorial District 22, added "Caswell", and increased No of Full-Time Asst. District Attorneys from "7" to "10." For effective date and applicability, see editor's note. Session Laws 2018-5, s. 18B.6, as amended by Session Laws 2018-114, s. 24(a), and as amended by Session Laws 2018-121, s. 7, effective January 1, 2019, in the table in subsection (a1), for district 10, increased the number of full time assistant district attorneys from 13 to 14, and for district 22, decreased the number of full time assistant district attorneys from 10 to 9. Session Laws 2018-114, s. 24(b), effective January 1, 2019, in the table in subsection (a1), for district 10, increased the number of full time assistant district attorneys from 14 to 15, and for district 22, decreased the number of full time assistant district attorneys from 9 to 8. Session Laws 2018-121, s. 3(a), effective January 1, 2019, rewrote subsection (a1). See editor's note for various additional effective dates. Session Laws 2019-229, s. 1(a), effective July 1, 2019, in subsection (a1), substituted "20" for "19" following "Sampson"; substituted "20" for "19" following "Pender"; substituted "15" for "14" following "Wake"; substituted "11" for "10" following "Johnston"; substituted "13" for "12" following "Robeson"; substituted "35" for "34" following "Guilford"; substituted "10" for "9" following "Cabarrus"; substituted "20" for "19" following "Catawba"; and substituted "16" for "15" following "Gaston." Session Laws 2019-229, s. 1(b), effective July 1, 2020, in subsection (a1), substituted "12" for "11" following "Currituck"; substituted "12" for "11" following "Lee"; substituted "15" for "14" following "Columbus"; substituted "9" for "8" following "Rockingham"; substituted "13" for "12" following "Iredell"; substituted "13" for "12" following "Cleveland"; and substituted "13" for "12" following "Graham." Session Laws 2019-229, s. 1(c), as amended by Session Laws 2021-91, s. 13(b), effective July 1, 2027, substituted '10' for '9' following 'Caldwell' in subsection (a1). CASE NOTES Defendant failed to meet her burden of proving that pretrial publicity tainted her chances of receiving a fair and impartial trial where of 33 articles submitted, at least three contained potentially exculpatory information and only one was potentially inflammatory, as factual news accounts regarding the commission of a crime and the pretrial proceedings do not of themselves warrant a change of venue. State v. Moore, 335 N.C. 567 , 440 S.E.2d 797, cert. denied, 513 U.S. 898, 115 S. Ct. 253, 130 L. Ed. 2d 174 (1994). Cited in State v. Soyars, 332 N.C. 47 , 418 S.E.2d 480 (1992); State v. Farmer, 138 N.C. App. 127, 530 S.E.2d 584 (2000).