H.B. 193
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 23, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30100-NDa-71A
Short Title: Various Court Changes 2023.-AB (Public)
Sponsors: Representative Stevens.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES AND TECHNICAL CORRECTIONS TO THE
3 LAWS GOVERNING THE ADMINISTRATION OF JUSTICE, AS RECOMMENDED BY
4 THE ADMINISTRATIVE OFFICE OF THE COURTS.
5 The General Assembly of North Carolina enacts:
6
7 AUTHORIZE DEBIT AND CREDIT CARD PAYMENTS OF JUDGMENTS
8 SECTION 1.(a) G.S. 1-239(a) reads as rewritten:
9 "(a) Payment of money judgment to clerk's office.
10 (1) The party against whom a judgment for the payment of money is rendered by
11 any court of record may pay the whole, or any part thereof, in cash or by check,
12 to the clerk of the court in which the same was rendered, although no
13 execution has issued on such the judgment. With the approval of, and pursuant
14 to procedures approved by, the Director of the Administrative Office of the
15 Courts, the party against whom a judgment for payment of money is rendered
16 may also pay the whole, or any part thereof, by credit card, debit card, or other
17 electronic payment method to the clerk of the court in which the same was
18 rendered, although no execution has issued on the judgment.
19 …
20 (3) When a payment to the clerk is made in cash cash, by credit or debit card or
21 other electronic payment method, or when a check is finally paid by the
22 drawee bank, the clerk shall give the notice provided for in subsection (b).
23 When the full amount of a judgment has been so paid, the clerk shall include
24 the words "JUDGMENT PAID IN FULL" in the notice.
25 …."
26 SECTION 1.(b) This section becomes effective October 1, 2023.
27
28 INDIGENCY SCOPE OF ENTITLEMENT TECHNICAL CORRECTION
29 SECTION 2.(a) G.S. 7A-451(a) reads as rewritten:
30 "(a) An indigent person is entitled to services of counsel in the following actions and
31 proceedings:
32 …
33 (14) A proceeding to terminate parental rights where a guardian ad litem is
34 appointed pursuant to G.S. 7B-1101.G.S. 7B-1101.1.
35 …."
36 SECTION 2.(b) This section is effective when it becomes law.
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 General Assembly Of North Carolina Session 2023
1
2 REMOTE ELECTRONIC NOTARIZATION TECHNICAL CORRECTION
3 SECTION 3.(a) Section 3(d) of S.L. 2022-54 reads as rewritten:
4 "SECTION 3.(d) Any emergency video notarization completed after December 31, 2021,
5 and before the effective date of this act shall be deemed valid and cured if such act was performed
6 in conformity with G.S. 10B-200 G.S. 10B-201 as it existed on December 31, 2021."
7 SECTION 3.(b) This section is effective when it becomes law.
8
9 REPEAL ANNUAL LEGISLATIVE REPORT ON FEE WAIVER NOTICE
10 IMPLEMENTATION
11 SECTION 4.(a) G.S. 7A-304(a2) is repealed.
12 SECTION 4.(b) This section is effective when it becomes law.
13
14 REPEAL CLERK BOND REQUIREMENTS
15 SECTION 5.(a) G.S. 7A-107 is repealed.
16 SECTION 5.(b) G.S. 7A-11 reads as rewritten:
17 "§ 7A-11. Clerk of the Supreme Court; salary; bond; fees; oath.
18 The clerk of the Supreme Court shall be appointed by the Supreme Court to serve at its
19 pleasure. The annual salary of the clerk shall be fixed by the Administrative Officer of the Courts,
20 subject to the approval of the Supreme Court. The clerk may appoint assistants in the number
21 and at the salaries fixed by the Administrative Officer of the Courts. The clerk shall perform such
22 duties as the Supreme Court may assign, and shall be bonded to the State, for faithful performance
23 of duty, in the same manner as the clerk of the superior court, and in such amount as the
24 Administrative Officer of the Courts shall determine. assign. The clerk shall adopt a seal of office,
25 to be approved by the Supreme Court. A fee bill for services rendered by the clerk shall be fixed
26 by rules of the Supreme Court, and all such fees shall be remitted to the State treasury. Charges
27 to litigants for document management and the reproduction of appellate records and briefs shall
28 be fixed by rule of the Supreme Court and remitted to the Appellate Courts Printing and
29 Computer Operations Fund established in G.S. 7A-343.3. The operations of the Clerk of the
30 Supreme Court shall be subject to the oversight of the State Auditor pursuant to Article 5A of
31 Chapter 147 of the General Statutes. Before entering upon the duties of his office, the clerk shall
32 take the oath of office prescribed by law."
33 SECTION 5.(c) G.S. 7A-20(a) reads as rewritten:
34 "(a) The Court of Appeals shall appoint a clerk to serve at its pleasure. Before entering
35 upon the clerk's duties, the clerk shall take the oath of office prescribed for the clerk of the
36 Supreme Court, conformed to the office of clerk of the Court of Appeals, and shall be bonded,
37 in the same manner as the clerk of superior court, in an amount prescribed by the Administrative
38 Officer of the Courts, payable to the State, for the faithful performance of the clerk's duties.
39 Appeals. The salary of the clerk shall be fixed by the Administrative Officer of the Courts, subject
40 to the approval of the Court of Appeals. The number and salaries of the clerk's assistants, and
41 their bonds, if required, shall be fixed by the Administrative Officer of the Courts. The clerk shall
42 adopt a seal of office, to be approved by the Court of Appeals."
43 SECTION 5.(d) This section is effective when it becomes law.
44
45 MODIFY VARIOUS PROVISIONS AFFECTING THE CONFERENCE OF DISTRICT
46 ATTORNEYS OF NORTH CAROLINA
47 SECTION 6.(a) Article 32 of Chapter 7A of the General Statutes is amended by
48 adding new sections to read:
49 "§ 7A-415. Resource prosecutors.
50 The Conference of District Attorneys may employ resource prosecutors as appointed by the
51 executive director. A resource prosecutor shall be an attorney licensed and eligible to practice in
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1 the courts of this State and shall serve at the pleasure of the executive director. A resource
2 prosecutor shall take the same oath of office as a district attorney in this State and shall be
3 authorized to represent the State in any court of this State without taking an additional oath. When
4 assisting a district attorney, a resource prosecutor shall have the same authority, power, and
5 privileges as an assistant district attorney serving in the requesting district attorney's office.
6 "§ 7A-416. Conference of District Attorneys legislative liaison.
7 The Conference of District Attorneys may designate liaison personnel to lobby for legislative
8 action in accordance with Article 5 of Chapter 120C of the General Statutes."
9 SECTION 6.(b) This section becomes effective July 1, 2023.
10
11 ADVERSE CHILDHOOD EXPERIENCES TRAINING FOR JUVENILE JUDGES
12 SECTION 7.(a) G.S. 7A-147(c) reads as rewritten:
13 "(c) The policy of the State is to encourage specialization in juvenile cases by district court
14 judges who are qualified by training and temperament to be effective in relating to youth and in
15 the use of appropriate community resources to meet their needs. The Administrative Office of
16 the Courts is therefore authorized to encourage judges who hear juvenile cases to secure
17 appropriate training whether or not they were elected to a specialized judgeship as provided
18 herein. Such training shall be provided within the funds available to the Administrative Office of
19 the Courts for such training, and judges attending such training shall be reimbursed for travel and
20 subsistence expenses at the same rate as is applicable to other State employees.
21 The Administrative Office of the Courts shall develop a plan whereby a district court judge
22 may be better qualified to hear juvenile cases by reason of training, experience, and demonstrated
23 ability. Any district court judge who completes the training under this plan plan, which shall
24 include trauma-informed training on recognizing and mitigating adverse childhood experiences
25 and adverse community environments, shall receive a certificate to this effect from the
26 Administrative Office of the Courts. In districts where there is a district court judge who has
27 completed this training as herein provided, the chief district judge shall give due consideration
28 in the assignment of such cases where practical and feasible."
29 SECTION 7.(b) This section is effective when it becomes law.
30
31 DELEGATION OF JURY EXCUSES
32 SECTION 8.(a) G.S. 9-6(b) reads as rewritten:
33 "(b) Pursuant to the foregoing policy, each chief district court judge shall promulgate
34 procedures whereby the chief district court judge or any district court judge of the chief district
35 court judge's district court district designated by the chief district court judge, prior to the date
36 that a jury session (or sessions) of superior or district court convenes, shall receive, hear, and
37 pass on applications for excuses from jury duty. The procedures shall provide for the time and
38 place, publicly announced, at which applications for excuses will be heard, and prospective jurors
39 who have been summoned for service shall be so informed. The chief district judge may assign
40 the duty of passing on applications for excuses from jury service to judicial support staff. staff,
41 or may, with the clerk's consent, delegate that authority to the clerk of superior court. In all cases
42 concerning excuses, the clerk of superior court or judicial support staff shall notify prospective
43 jurors of the disposition of their excuses."
44 SECTION 8.(b) G.S. 9-6.1 reads as rewritten:
45 "§ 9-6.1. Requests to be excused.
46 (a) Any person summoned as a juror who is a full-time student and who wishes to be
47 excused pursuant to G.S. 9-6(b1) or who is 72 years or older and who wishes to be excused,
48 deferred, or exempted, may make the request without appearing in person by filing a signed
49 statement of the ground of the request with the chief district court judge of that district, or the
50 district court judge judge, clerk of superior court, or judicial support staff member designated by
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1 the chief district court judge pursuant to G.S. 9-6(b), at any time five business days before the
2 date upon which the person is summoned to appear.
3 (b) Any person summoned as a juror who has a disability that could interfere with the
4 person's ability to serve as a juror and who wishes to be excused, deferred, or exempted may
5 make the request without appearing in person by filing a signed statement of the ground of the
6 request, including a brief explanation of the disability that interferes with the person's ability to
7 serve as a juror, with the chief district court judge of that district, or the district court judge judge,
8 clerk of superior court, or judicial support staff member designated by the chief district court
9 judge pursuant to G.S. 9-6(b), at any time five business days before the date upon which the
10 person is summoned to appear. Upon request of the court, medical documentation of any
11 disability may be submitted. Any privileged medical information or protected health information
12 described in this section shall be confidential and shall be exempt from the provisions of Chapter
13 132 of the General Statutes or any other provision requiring information and records held by
14 State agencies to be made public or accessible to the public.
15 (c) A person may request either a temporary or permanent exemption under this section,
16 and the judge judge, clerk of superior court, or judicial support staff member may accept or reject
17 either in the exercise of discretion conferred by G.S. 9-6(b), including the substitution of a
18 temporary exemption for a requested permanent exemption. In the case of supplemental jurors
19 summoned under G.S. 9-11, notice may be given when summoned. In case the chief district court
20 judge, or the judge judge, clerk of superior court, or judicial support staff member designated by
21 the chief district court judge pursuant to G.S. 9-6(b), rejects the request for exemption, the
22 prospective juror shall be immediately notified by the judicial support staff member or the clerk
23 of court by telephone, letter, or personally."
24 SECTION 8.(c) This section becomes effective October 1, 2023.
25
26 FILING OF CERTAIN BOND DOCUMENTS WITH THE CLERK
27 SECTION 9.(a) G.S. 58-72-50 reads as rewritten:
28 "§ 58-72-50. Approval, acknowledgment and custody of bonds.
29 The approval of all official bonds taken or renewed by the board of commissioners shall be
30 recorded by the clerk to the board. Every such bond shall be acknowledged by the parties thereto
31 or proved by a subscribing witness, before the chairman of the board of commissioners, or before
32 the clerk of the superior court, and the original bond, filed with the clerk of the superior court
33 with the approval of the commissioners endorsed thereon and certified by their chairman, shall
34 be deposited with the clerk of the superior court for safekeeping. the chairman of the board of
35 commissioners. Provided that an official bond executed as surety by a surety company authorized
36 to do business in this State need not be acknowledged upon behalf of the surety when such bond
37 is executed under seal in the name of the surety by an agent or attorney-in-fact by authority of a
38 power of attorney duly recorded in the office of the register of deeds of such county."
39 SECTION 9.(b) G.S. 162-9 reads as rewritten:
40 "§ 162-9. County commissioners to take and approve bonds.
41 The board of county commissioners in every county shall take and approve the official bond
42 of the sheriffs, which they shall cause to be registered and the original deposited with the register
43 of deeds and filed with the clerk of superior court for safekeeping. court. The bond shall be taken
44 on the first Monday of December next after the election."
45 SECTION 9.(c) This section is effective when it becomes law.
46
47 SEVERABILITY CLAUSE
48 SECTION 10. If any section or provision of this act is declared unconstitutional or
49 invalid by the courts, it does not affect the validity of this act as a whole or any part other than
50 the part so declared to be unconstitutional or invalid.
51
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1 EFFECTIVE DATE
2 SECTION 11. Except as otherwise provided, this act is effective when it becomes
3 law.
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Statutes affected:
Filed: 1-239, 7A-451, 7A-304, 7A-107, 7A-11, 7A-20, 7A-147, 9-6, 9-6.1, 162-9
Edition 1: 1-239, 7A-451, 7A-304, 7A-107, 7A-11, 7A-20, 7A-147, 9-6, 9-6.1, 162-9
Edition 2: 1-239, 7A-451, 7A-304, 7A-107, 7A-174, 7A-11, 7A-20, 120C-500, 7A-147, 9-6, 9-6.1, 162-9, 7A-146, 132-1.10
Edition 3: 1-239, 7A-451, 7A-304, 7A-107, 7A-174, 7A-11, 7A-20, 120C-500, 7A-147, 9-6, 9-6.1, 162-9, 7A-146, 132-1.10, 1A-1, 84-4.1, 122C-261, 122C-262, 122C-266, 122C-283, 15A-145.5
Edition 4: 1-239, 7A-451, 7A-304, 7A-107, 7A-174, 7A-11, 7A-20, 120C-500, 7A-147, 9-6, 9-6.1, 162-9, 7A-146, 132-1.10, 1A-1, 84-4.1, 122C-261, 122C-262, 122C-266, 122C-283, 15A-145.5
Ratified: 1-239, 7A-451, 7A-304, 7A-107, 7A-174, 7A-11, 7A-20, 120C-500, 7A-147, 9-6, 9-6.1, 162-9, 7A-146, 132-1.10, 1A-1, 84-4.1, 122C-261, 122C-262, 122C-266, 122C-283, 15A-145.5
SL 2023-103: 1-239, 7A-451, 7A-304, 7A-107, 7A-174, 7A-11, 7A-20, 120C-500, 7A-147, 9-6, 9-6.1, 162-9, 7A-146, 132-1.10, 1A-1, 84-4.1, 122C-261, 122C-262, 122C-266, 122C-283, 15A-145.5