2005 North Carolina Code - General Statutes Article 29 - Administrative Office of the Courts.

SUBCHAPTER VII. ADMINISTRATIVE MATTERS.

Article 29.

Administrative Office of the Courts.

§ 7A‑340.  Administrative Office of the Courts; establishment; officers.

There is hereby established a State office to be known as the Administrative Office of the Courts. It shall be supervised by a Director, assisted by an assistant director. (1965, c. 310, s. 1.)

 

§ 7A‑341.  Appointment and compensation of Director.

The Director shall be appointed by the Chief Justice of the Supreme Court, to serve at his pleasure. He shall receive the annual salary provided in the Current Operations Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally and longevity pay at the rates and for the service designated in G.S. 7A‑44(b) for a judge of the superior court. Service as Director shall be equivalent to service as a superior court judge for the purposes of entitlement to retirement pay or to retirement for disability. (1965, c. 310, s. 1; 1967, c. 691, s. 36; 1983 (Reg. Sess., 1984), c. 1034, s. 165; 1987 (Reg. Sess., 1988), c. 1100, s. 15(a).)

 

§ 7A‑342.  Appointment and compensation of assistant director and other employees.

The assistant director shall also be appointed by the Chief Justice, to serve at his pleasure. The assistant director shall receive the annual salary provided in the Current Operations Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally and longevity pay at the rates and for the service designated in G.S. 7A‑144(b) for a judge of the district court.

The Director may appoint such other assistant and employees as are  necessary to enable him to perform the duties of his office. (1965, c. 310, s. 1; 1967, c. 691, s. 37; 1983 (Reg. Sess., 1984), c. 1034, s. 165; 1987 (Reg. Sess., 1988), c. 1100, s. 15(b).)

 

§ 7A‑343.  Duties of Director.

The Director is the Administrative Officer of the Courts, and his duties include the following:

(1)       Collect and compile statistical data and other information on the judicial and financial operation of the courts and on the operation of other offices directly related to and serving the courts;

(2)       Determine the state of the dockets and evaluate the practices and procedures of the courts, and make recommendations concerning the number of judges, district attorneys, and magistrates required for the efficient administration of justice;

(3)       Prescribe uniform administrative and business methods, systems, forms and records to be used in the offices of the clerks of superior court;

(4)       Prepare and submit budget estimates of State appropriations necessary for the maintenance and operation of the Judicial Department, and authorize expenditures from funds appropriated for these purposes;

(5)       Investigate, make recommendations concerning, and assist in the securing of adequate physical accommodations for the General Court of Justice;

(6)       Procure, distribute, exchange, transfer, and assign such equipment, books, forms and supplies as are to be acquired with State funds for the General Court of Justice;

(7)       Make recommendations for the improvement of the operations of the Judicial Department;

(8)       Prepare and submit an annual report on the work of the Judicial Department to the Chief Justice, and transmit a copy to each member of the General Assembly;

(9)       Assist the Chief Justice in performing his duties relating to the transfer of district court judges for temporary or specialized duty;

(9a)     Establish and operate systems and services that provide electronic transaction processing and access to court information systems pursuant to G.S. 7A‑343.2; and

(10)     Perform such additional duties and exercise such additional powers as may be prescribed by statute or assigned by the Chief Justice. (1965, c. 310, s. 1; 1967, c. 1049, s. 5; 1973, c. 47, s. 2; 1999‑237, s. 17.15(a).)

 

§ 7A‑343.1.  Distribution of copies of the appellate division reports.

The Administrative Officer of the Courts shall, at the State's expense distribute such number of copies of the appellate division reports to federal, State departments and agencies, and to educational institutions of instruction, as follows:

Governor, Office of the                                                                                                                 1 

Lieutenant Governor, Office of the                                                                                              1 

Secretary of State, Department of the                                                                                          2 

State Auditor, Department of the                                                                                                  1 

Treasurer, Department of the State                                                                                               1 

Superintendent of Public Instruction                                                                                            1 

Office of the Attorney General                                                                                                   11 

State Bureau of Investigation                                                                                                         1 

Agriculture and Consumer Services, Department of                                                                   1 

Labor, Department of                                                                                                                     1 

Insurance, Department of                                                                                                               1 

Budget Bureau, Department of Administration                                                                            1 

Property Control, Department of Administration                                                                       1 

State Planning, Department of Administration                                                                            1 

Environment and Natural Resources, Department of                                                                  1 

Revenue, Department of                                                                                                                 1 

Health and Human Services, Department of                                                                                 1 

Juvenile Justice and Delinquency Prevention,   Department of                                                 1 

Commission for the Blind                                                                                                             1 

Transportation, Department of                                                                                                      1 

Motor Vehicles, Division of                                                                                                          1 

Utilities Commission                                                                                                                     8 

Industrial Commission                                                                                                                 11 

State Personnel Commission                                                                                                        1 

Office of State Personnel                                                                                                              1 

Office of Administrative Hearings                                                                                                2 

Community Colleges, Department of                                                                                         38 

Employment Security Commission                                                                                              1 

Commission of Correction                                                                                                            1 

Parole Commission                                                                                                                        1 

Archives and History, Division of                                                                                                 1 

Crime Control and Public Safety, Department of                                                                        2 

Cultural Resources, Department of                                                                                              3 

Legislative Building Library                                                                                                          2 

Justices of the Supreme Court                                                                                                 1 ea.

Judges of the Court of Appeals                                                                                                1 ea.

Judges of the Superior Court                                                                                                   1 ea.

Clerks of the Superior Court                                                                                                   1 ea.

District Attorneys                                                                                                                     1 ea.

Emergency and Special Judges of the Superior Court                                                           1 ea.

Supreme Court Library                                                                                             AS MANY AS

                                                                                                                                    REQUESTED

Appellate Division Reporter                                                                                                          1 

University of North Carolina, Chapel Hill                                                                                 71 

University of North Carolina, Charlotte                                                                                       1 

University of North Carolina, Greensboro                                                                                   1 

University of North Carolina, Asheville                                                                                       1 

North Carolina State University, Raleigh                                                                                     1 

Appalachian State University                                                                                                         1 

East Carolina University                                                                                                                1 

Fayetteville State University                                                                                                          1 

North Carolina Central University                                                                                              17 

Western Carolina University                                                                                                         1 

Duke University                                                                                                                            17 

Davidson College                                                                                                                            2 

Wake Forest University                                                                                                               25 

Lenoir Rhyne College                                                                                                                    1 

Elon College                                                                                                                                   1 

Campbell University                                                                                                                     25 

Federal, Out‑of‑State and Foreign Secretary of State                                                                 1 

Secretary of Defense                                                                                                                      1 

Secretary of Health, Education and Welfare                                                                                1 

Secretary of Housing and Urban Development                                                                            1 

Secretary of Transportation                                                                                                           1 

Attorney General                                                                                                                            1 

Department of Justice                                                                                                                    1 

Internal Revenue Service                                                                                                                1 

Veterans' Administration                                                                                                                1 

Library of Congress                                                                                                                        5 

Federal Judges resident in North Carolina                                                                             1 ea.

Marshal of the United States Supreme Court                                                                               1 

Federal District Attorneys resident in North Carolina                                                          1 ea.

Federal Clerks of Court resident in North Carolina                                                              1 ea.

Supreme Court Library exchange list                                                                                           1 

Cherokee Supreme Court, Eastern Band of   Cherokee Indians                                                 1  

 

Each justice of the Supreme Court and judge of the Court of Appeals shall receive for private use, one complete and up‑to‑date set of the appellate division reports. The copies of reports furnished each justice or judge as set out in the table above may be retained personally to enable the justice or judge to keep up‑to‑date the personal set of reports. (1973, c. 476, s. 84; 1977, c. 379, s. 2; c. 771, s. 4; 1979, c. 899, s. 1; 1979, 2nd Sess., c. 1278; 1985 (Reg. Sess., 1986), c. 1022, s. 2; 1987, c. 877, s. 1; 1989, c. 727, s. 218(1); 1993, c. 257, s. 19; 1995, c. 166, s. 1; c. 509, s. 4; 1997‑261, s. 109; 1997‑443, s. 11A.7; 1998‑202, s. 4(a); 2000‑137, s. 4(b); 2001‑280, s. 1.)

 

§ 7A‑343.2.  Court Information Technology Fund.

The Court Information Technology Fund is established within the Judicial Department as a nonreverting, interest‑bearing special revenue account. Accordingly, revenue in the Fund at the end of a fiscal year does not revert and interest and other investment income earned by the Fund shall be credited to it. All moneys collected by the Director pursuant to G.S. 7A‑109(d) shall be remitted to the State Treasurer and held in this Fund. Moneys in the Fund shall be used to supplement funds otherwise available to the Judicial Department for court information technology and office automation needs. The Director shall report by August 1 and February 1 of each year to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House Appropriations Committees, and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety on all moneys collected and deposited in the Fund and on the proposed expenditure of those funds collected during the preceding six months. (1999‑237, s. 17.15(b); 2000‑67, s. 15.1.)

 

§ 7A‑343.3.  Appellate Courts Printing and Computer Operations Fund.

The Appellate Courts Printing and Computer Operations Fund is established within the Judicial Department as a nonreverting, interest‑bearing special revenue account. Accordingly, interest and other investment income earned by the Fund shall be credited to it. All moneys collected through charges to litigants for the reproduction of appellate records and briefs under G.S. 7A‑11 and G.S. 7A‑20(b) shall be remitted to the State Treasurer and held in this Fund. Moneys in the Fund shall be used to support the print shop operations of the Supreme Court and the Court of Appeals, including personnel, maintenance, and capital costs. The Judicial Department may create and maintain receipt‑supported positions for these purposes but shall report to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety prior to creating such new positions.

The Judicial Department shall report to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety by January 1 of each year on all receipts and expenditures of the Fund. (2002‑126, s. 14.12.)

 

§ 7A‑344: Repealed by Session Laws 2000‑144, s. 4.

 

§ 7A‑345.  Duties of assistant director.

The assistant director is the administrative assistant to the Chief Justice, and his duties include the following:

(1)       Assist the Chief Justice in performing his duties relating to the assignment of superior court judges;

(2)       Assist the Supreme Court in preparing calendars of superior court trial sessions; and

(3)       Performing such additional functions as may be assigned by the Chief Justice or the Director of the Administrative Office. (1965, c. 310, s. 1; 1969, c. 1013, s. 4.)

 

§ 7A‑346.  Information to be furnished to Administrative Officer.

All judges, district attorneys, public defenders, magistrates, clerks of superior court and other officers or employees of the courts and of offices directly related to and serving the courts shall on request furnish to the Administrative Officer information and statistical data relative to the work of the courts and of such offices and relative to the receipt and expenditure of public moneys for the operation thereof. (1965, c. 310, s. 1; 1967, c. 1049, s. 5; 1969, c. 1013, ss. 4, 5; 1973, c. 47, s. 2.)

 

§ 7A‑346.1:  Repealed by Session Laws 2000‑67, s.  15(b).

 

§ 7A‑346.2.  Various reports to General Assembly.

(a)       The Administrative Office of the Courts and the Office of Indigent Defense Services shall report by March 1 of each year to the Chairs of the House of Representatives and Senate Appropriations Committees, to the Chairs of the House of Representatives Subcommittee on Justice and Public Safety, and to the Chairs of the Senate Appropriations Committee on Justice and Public Safety on contracts entered into with local governments for the provision of the services of assistant district attorneys, assistant public defenders, judicial secretaries, and employees in the office of the Clerk of Superior Court. The report shall include the number of applications made to the Administrative Office of the Courts or the Office of Indigent Defense Services for these contracts, the number of contracts entered for provision of these positions, and the dollar amounts of each contract.

(b)       The Administrative Office of the Courts shall report by April 1 of each odd‑numbered year to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety on the economic viability of the worthless check collection programs established by district attorneys pursuant to G.S. 14‑107.2, including an assessment of whether any adjustments need to be made to ensure that the programs, on a statewide basis, are self‑supporting. (1999‑237, s. 17.7(c); 2000‑67, ss. 15.3A(b), 15.4(h); 2001‑61, s. 2; 2001‑424, s. 22.11(g); 2003‑377, s. 4.)

 

§ 7A‑347.  Assistants for administrative and victim and witness services.

Assistant for administrative and victim and witness services positions are established under the district attorneys' offices. Each prosecutorial district is allocated at least one assistant for administrative and victim and witness services to be employed by the district attorney. The Administrative Office of the Courts shall allocate additional assistants to prosecutorial districts on the basis of need and within available appropriations. Each district attorney may also use any volunteer or other personnel to assist the assistant. The assistant is responsible for coordinating efforts of the law‑enforcement and judicial systems to assure that each victim and witness is provided fair treatment under Article 45 of Chapter 15A, Fair Treatment for Victims and Witnesses and shall also provide administrative and legal support to the district attorney's office. (1985 (Reg. Sess., 1986), c. 998, s. 2; 1997‑443, s. 18.7(c).)

 

§ 7A‑348.  Training and supervision of assistants for administrative and victim and witness services.

Pursuant to the provisions of G.S. 7A‑413, the Conference of District Attorneys shall:

(1)       Assist in establishing uniform statewide training for assistants for administrative and victim and witness services; and

(2)       Assist in the implementation and supervision of this program. (1985 (Reg. Sess., 1986), c. 998, s. 2; 1997‑443, s. 18.7(d); 2001‑424, s. 22.6(a).)

 

§§ 7A‑349 through 7A‑354.  Reserved for future codification purposes.