FILED SENATE
Mar 11, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 255
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS35115-ND-81
Short Title: 2021 AOC Legislative Changes.-AB (Public)
Sponsors: Senators Britt and Daniel (Primary Sponsors).
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.
4 The General Assembly of North Carolina enacts:
5
6 MEDICAL MALPRACTICE JURY INSTRUCTIONS AND JUDICIAL ASSIGNMENT
7 SECTION 1.(a) Rule 51 of G.S. 1A-1 is amended by adding a new subsection to
8 read:
9 "(d) Final instructions to the jury. – In civil cases subject to Rule 9(j) of the Rules of Civil
10 Procedure, the court shall reduce the oral instructions given to the jury to writing. Upon the jury
11 retiring for deliberation, the court shall provide the jury a written copy of the oral instructions for
12 the jury to take into the jury room during deliberation."
13 SECTION 1.(b) G.S. 7A-47.3 is amended by adding a new subsection to read:
14 "(e) The Senior Resident Superior Court Judge shall designate a specific resident judge or
15 a specific judge assigned to hold court in the district to preside over all proceedings in a case
16 subject to Rule 9(j) of the Rules of Civil Procedure."
17 SECTION 1.(c) This section becomes effective October 1, 2021, and applies to
18 actions filed on or after that date.
19
20 ADJUST MASTER JURY POOL TO ACCOUNT FOR THE COVID-19 PANDEMIC
21 SECTION 2. Notwithstanding G.S. 9-2(f), the master jury list for the 2022-2023
22 biennium shall contain not less than one and one-quarter times and not more than three times as
23 many names as were drawn for jury duty in all courts in the county during the 2018-2019
24 biennium if the jury commission determines that those numbers would be more representative of
25 the required number of jurors than the number of names drawn during the previous biennium.
26 Notwithstanding G.S. 9-2(f), in a county preparing an annual master jury list for 2022 as
27 authorized by G.S. 9-2(a), the master jury list shall contain not less than one and one-quarter
28 times and not more than three times as many names drawn during 2019 if the jury commission
29 determines that those numbers would be more representative of the required number of jurors
30 than the number of names drawn during the previous year. A master jury list for the 2022-2023
31 biennium or for the 2022 year shall not include fewer than 500 names. In counties in which a
32 different panel of jurors is selected for each day of the week, there is no limit to the number of
33 names that may be placed on the master jury list for the 2022-2023 biennium or 2022 year.
34
35 CLARIFY VARIOUS PROCEDURES RELATED TO THE ENFORCEMENT OF
36 JUDGMENTS
*DRS35115-ND-81*
 General Assembly Of North Carolina Session 2021
1 SECTION 3.(a) G.S. 1C-1603 reads as rewritten:
2 "§ 1C-1603. Procedure for setting aside exempt property.
3 (a) Motion or Petition; Notice. –
4 …
5 (4) After judgment, except as provided in subdivision (3) of this subsection or
6 when exemptions have already been designated, the clerk may not issue an
7 execution or writ of possession unless notice from the court has been served
8 upon the judgment debtor advising the debtor of the debtor's rights. The notice
9 is not required if the exemptions under G.S. 1C-1601 are inapplicable based
10 on an exception in G.S. 1C-1601(e). The judgment creditor must cause the
11 notice, which must be accompanied by the form for the statement by the debtor
12 under subsection (c1) of this section, to be served on the debtor as provided in
13 G.S. 1A-1, Rule 4(j)(1). If the judgment debtor cannot be served as provided
14 under G.S. 1A-1, Rule 4(j)(1), the judgment creditor may serve the judgment
15 debtor by mailing a copy of the notice to the judgment debtor at the debtor's
16 last known address. Proof of service by certified or registered mail or personal
17 service is as provided in G.S. 1A-1, Rule 4. The judgment creditor may prove
18 service by mailing to last known address by filing a certificate that the notice
19 was served indicating the circumstances warranting the use of such service
20 and the date and address of service.
21 …
22 (b) Contents of Motion or Petition. – The motion or petition must:
23 (1) Name the judgment debtor;debtor.
24 (2) Name the judgment creditors of the debtor insofar as they are known to the
25 movant;movant.
26 (3) If it is a motion to modify a previously allocated exemption, describe the
27 change of condition (if the movant received notice of the exemption hearing)
28 and the modification desired.
29 …
30 (e) Procedure for Setting Aside Exempt Property. –
31 …
32 (2) If the judgment debtor does not file a motion to designate exemptions with a
33 schedule of assets within 20 days after notice of the debtor's rights was served
34 in accordance with subdivision (4) of subsection (a) of this section, or if the
35 debtor does not request a hearing before the clerk within 20 days after service
36 of the notice of rights and appear at the requested hearing, the judgment debtor
37 has waived the exemptions provided in this Article and in Sections 1 and 2 of
38 Article X of the North Carolina Constitution. Article. Upon request of the
39 judgment creditor, the clerk must issue a writ of execution or writ of
40 possession.
41 …
42 (12) Appeal from a designation of exempt property by the clerk is to the district
43 court judge. A party has 10 days from the date of entry of an order to appeal.
44 Appeal from a designation of exempt property by a district court judge is to
45 the Court of Appeals. Decisions of the Court of Appeals with regard to
46 questions of valuation of property are final as provided in G.S. 7A-28. Other
47 questions may be appealed as provided in G.S. 7A-30 and 7A-31.
48 …."
49 SECTION 3.(b) This section is effective when it becomes law and applies to motions
50 and petitions filed on or after that date.
51
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1 DISPUTE RESOLUTION COMMISSION STATUTORY CHANGES
2 SECTION 4.(a) G.S. 7A-38.2 reads as rewritten:
3 "§ 7A-38.2. Regulation of mediators and other neutrals.
4 …
5 (c) The Dispute Resolution Commission shall consist of 17 18 members: five judges
6 appointed by the Chief Justice of the Supreme Court, at least two of whom shall be active superior
7 court judges, and at least two of whom shall be active district court judges; one clerk of superior
8 court appointed by the Chief Justice of the Supreme Court; two mediators certified to conduct
9 superior court mediated settlement conferences and two mediators certified to conduct equitable
10 distribution mediated settlement conferences appointed by the Chief Justice of the Supreme
11 Court; one certified district criminal court mediator who is a representative of a community
12 mediation center appointed by the Chief Justice of the Supreme Court; a district attorney
13 appointed by the Chief Justice of the Supreme Court; a court management staff member
14 appointed by the Chief Justice of the Supreme Court; two practicing attorneys who are not
15 certified as mediators appointed by the President of the North Carolina State Bar, one of whom
16 shall be a family law specialist; and three citizens knowledgeable about mediation, one of whom
17 shall be appointed by the Governor, one by the General Assembly upon the recommendation of
18 the Speaker of the House of Representatives in accordance with G.S. 120-121, and one by the
19 General Assembly upon the recommendation of the President Pro Tempore of the Senate in
20 accordance with G.S. 120-121. Commission members shall serve three-year terms and shall be
21 ineligible to serve more than two consecutive terms. Members appointed to fill unexpired terms
22 shall be eligible to serve two consecutive terms upon the expiration of the unexpired term. The
23 Chief Justice shall designate one of the members to serve as chair for a two-year term. Members
24 of the Commission shall be compensated pursuant to G.S. 138-5.
25 Vacancies shall be filled for unexpired terms and full terms in the same manner as incumbents
26 were appointed. Appointing authorities may receive and consider suggestions and
27 recommendations of persons for appointment from the Dispute Resolution Commission, the
28 Family Law, Litigation, and Dispute Resolution Sections of the North Carolina Bar Association,
29 the North Carolina Association of Professional Family Mediators, the North Carolina Conference
30 of Clerks of Superior Court, the North Carolina Conference of Court Administrators, the
31 Mediation Network of North Carolina, the Dispute Resolution Committee of the Supreme Court,
32 the Conference of Chief District Court Judges, the Conference of Superior Court Judges, the
33 Director of the Administrative Office of the Courts, and the Child Custody Mediation Advisory
34 Committee of the Administrative Office of the Courts.
35 …
36 (m) Members of the Commission and its employees are immune from civil suit for all
37 conduct undertaken in the course of their official duties."
38 SECTION 4.(b) This section is effective when it becomes law and applies to conduct
39 occurring on or after that date.
40
41 JUDICIAL STANDARDS COMMISSION ALTERNATE MEMBERS AND
42 TECHNICAL CORRECTIONS
43 SECTION 5. G.S. 7A-375 reads as rewritten:
44 "§ 7A-375. Judicial Standards Commission.
45 (a) Composition. – The Judicial Standards Commission shall consist of the following
46 residents of North Carolina: one Court of Appeals judge, two superior court judges, and two
47 district court judges, each appointed by the Chief Justice of the Supreme Court; four members of
48 the State Bar who have actively practiced in the courts of the State for at least 10 years, elected
49 by the State Bar Council; and four citizens who are not judges, active or retired, nor members of
50 the State Bar, two appointed by the Governor, and two appointed by the General Assembly in
51 accordance with G.S. 120-121, one upon recommendation of the President Pro Tempore of the
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1 Senate and one upon recommendation of the Speaker of the House of Representatives. The Court
2 of Appeals judge shall act as chair of the Commission.The General Assembly shall also appoint
3 alternate Commission members for the Commission members the General Assembly has
4 appointed to serve in the event of scheduling conflicts, conflicts of interest, disability, or other
5 disqualification arising in a particular case. The alternate members shall have the same
6 qualifications for appointment as the original members.
7 (a1) Terms. – The Court of Appeals judge shall act as chair of the Commission and shall
8 serve at the pleasure of the Chief Justice. Terms of other Commission members shall be for six
9 years. No member who has served a full six-year term is eligible for reappointment. Members
10 who are not judges are entitled to per diem, and all members are entitled to reimbursement for
11 travel and subsistence expenses at the rate applicable to members of State boards and
12 commissions generally for each day engaged in official business.
13 (b) The Court of Appeals judge shall serve at the pleasure of the Chief Justice. Terms of
14 other Commission members shall be for six years. No member who has served a full six-year
15 term is eligible for reappointment. If Vacancies. – A vacancy on the Commission arises upon the
16 resignation or death of a member or if a member ceases to have the qualifications required for
17 the member's appointment, that person ceases to be a member. appointment. Vacancies of
18 members, other than those appointed by the General Assembly, are filled in the same manner as
19 the original appointment, for the remainder of the term. Vacancies of members appointed by the
20 General Assembly are filled as provided under G.S. 120-122. Members who are not judges are
21 entitled to per diem and all members are entitled to reimbursement for travel and subsistence
22 expenses at the rate applicable to members of State boards and commissions generally, for each
23 day engaged in official business.by the alternate member appointed pursuant to subsection (a) of
24 this section and shall serve for the remainder of the unexpired term. In the absence of an alternate
25 member appointed by the General Assembly pursuant to subsection (a) of this section, or if an
26 alternate member is unable to serve, such vacancy shall be filled as provided under G.S. 120-122.
27 (c) Disability or Disqualification. – If a member of the Commission who is a judge
28 appointed by the Chief Justice becomes disabled, or becomes a respondent before the
29 Commission, the Chief Justice shall appoint an alternate member to serve during the period of
30 disability or disqualification. The alternate member shall be from the same division of the
31 General Court of Justice as the judge whose place the alternate member takes. If a member of the
32 Commission who is not a judge becomes disabled, disabled or is disqualified from participating
33 in a disciplinary proceeding, the Governor, if he appointed the disabled member, shall appoint,
34 or the State Bar Council, if it elected the disabled member, shall elect, an alternate member to
35 serve during the period of disability. disability or disqualification. If a member of the
36 Commission who is not a judge and who was appointed by the General Assembly becomes
37 disabled, an disabled or is disqualified from participating in a disciplinary proceeding, the chair
38 of the Commission shall call upon the alternate member shall be appointed to serve during the
39 period of disability in the same manner as if there were a vacancy to be filled under G.S. 120-122.
40 In a particular case, if a member becomes disqualified, or is successfully challenged for cause,
41 the member's seat for that case shall be filled by an alternate member selected as provided in this
42 subsection.appointed pursuant to subsection (a) of this section.
43 (d) Extended Terms to Complete Proceedings. – A member may serve after expiration of
44 the member's term only to participate until the conclusion of a disciplinary proceeding begun
45 before expiration of the member's term. Such participation shall not prevent the successor from
46 taking office, but the successor may not participate in the proceeding for which the predecessor's
47 term was extended. This subsection shall apply also to any judicial member whose membership
48 on the Commission is automatically terminated by retirement or resignation from judicial office,
49 or expiration of the term of judicial office.
50 (e) Civil Immunity. – Members of the Commission and its employees are immune from
51 civil suit for all conduct undertaken in the course of their official duties.
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1 (f) Commission Staff. – The chair of the Commission may employ, if funds are
2 appropriated for that purpose, an executive director, Commission counsel, investigator, and any
3 support staff as may be necessary to assist the Commission in carrying out its duties. With the
4 approval of the Chief Justice, for specific cases, the chair also may employ special counsel or
5 call upon the Attorney General to furnish counsel. In addition, with the approval of the Chief
6 Justice, for specific cases, the chair or executive director also may call upon the Director of the
7 State Bureau of Investigation to furnish an investigator who shall serve under the supervision of
8 the executive director. While performing duties for the Commission, the executive director,
9 counsel, and investigator have authority throughout the State to serve subpoenas or other process
10 issued by the Commission in the same manner and with the same effect as an officer authorized
11 to serve process of the General Court of Justice.
12 (g) Rules. – The Commission may adopt, and may amend from time to time, its own rules
13 of procedure for the performance of the duties and resp