North Carolina § 7A-64 - Temporary assistance for district attorneys.

§ 7A-64. Temporary assistance for district attorneys.

A district attorney may apply to the Director of the Administrative Office of the Courts to: Temporarily assign an assistant district attorney from another district, after consultation with the district attorney thereof, to assist in the prosecution of cases in the requesting district; Authorize the temporary appointment, by the requesting district attorney, of a qualified attorney to assist the requesting district attorney; or Enter into contracts with local governments for the provision of services by the State pursuant to G.S. 153A-212.1 or G.S. 160A-289.1. Repealed by Session Laws 2012-7, s. 9, effective June 7, 2012. The Director of the Administrative Office of the Courts may provide this assistance only upon a showing by the requesting district attorney supported by facts that at least one of the following circumstances apply: Criminal cases have accumulated on the dockets of the superior or district courts of the district beyond the capacity of the district attorney and the district attorney's full-time assistants to keep the dockets reasonably current. The overwhelming public interest warrants the use of additional resources for the speedy disposition of cases involving drug offenses, domestic violence, or other offenses involving a threat to public safety. There is a conflict of interest. A county within the jurisdiction of the requesting district attorney is subject to a disaster declaration by the Governor pursuant to G.S. 166A-19.3(3). The length of service and compensation of any temporary appointee or the terms of any contract entered into with local governments shall be fixed by Director of the Administrative Office of the Courts in each case. Nothing in this section shall be construed to obligate the General Assembly to make any appropriation to implement the provisions of this section or to obligate the Administrative Office of the Courts to provide the administrative costs of establishing or maintaining the positions or services provided for under this section. Further, nothing in this section shall be construed to obligate the Administrative Office of the Courts to maintain positions or services initially provided for under this section. History (1967, c. 1049, s. 1; 1973, c. 47, s. 2; 1999-237, s. 17.17(a); 2000-67, s. 15.4(g); 2010-171, s. 2; 2012-7, s. 9; 2017-158, s. 14; 2018-138, s. 2.12(a).) Editor's Note. - The subsection designations (a) through (c) have been added to this section at the direction of the Revisor of Statutes. Session Laws 2010-171, s. 2, which added subsection (a1), inserted "or the Chair of the North Carolina Innocence Inquiry Commission, as appropriate" in the introductory paragraph in subsection (b), and added subdivision (b)(3), was applicable to all claims of factual innocence filed on or after October 1, 2010. Session Laws 2012-7, s. 12, made the amendments to this section by Session Laws 2012-7, s. 9, applicable to any pending claims on June 7, 2012 or claims filed on or after June 7, 2012. Effect of Amendments. - Session Laws 2010-171, s. 2, effective October 1, 2010, and applicable to all claims of factual innocence filed on or after that date, added subsection (a1); in the introductory paragraph in subsection (b), inserted "or the Chair of the North Carolina Innocence Inquiry Commission, as appropriate"; and added subdivision (b)(3) and made related grammatical changes. Session Laws 2012-7, s. 9, effective June 7, 2012, repealed subsection (a1). For applicability, see editor's note. Session Laws 2017-158, s. 14, effective July 21, 2017, deleted "or the Chair of the North Carolina Innocence Inquiry Commission, as appropriate," following "district attorney" in subsection (b); and rewrote subdivision (b)(3), which read: "There is an allegation of or evidence of prosecutorial misconduct in the case that is the subject of the hearing under G.S. 15A-1469." Session Laws 2018-138, s. 2.12(a), effective December 3, 2018, in subsection (b), inserted "at least one of the following circumstances apply" following "facts that"; added subdivision (b)(5); and made related stylistic changes.