§ 7A-133 — Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties

North Carolina § 7A-133

• Jurisdiction: North Carolina
• Ch. 7A: Judicial Department
• Art. 13: Creation and Organization of the District Court Division
• Subch. IV: DISTRICT COURT DIVISION OF THE GENERAL COURT OF JUSTICE

Text

(a) Each district court district shall have the numbers of judges as set forth in the following table:
District Judges County
1 5 Camden
Chowan
Currituck
Dare
Gates
Pasquotank
Perquimans
2 4 Beaufort
Hyde
Martin
Tyrrell
Washington
3 6 Pitt
4 6 Carteret
Craven
Pamlico
5 10 Duplin
Jones
Onslow
Sampson
6 9 New Hanover
Pender
7 4 Bertie
Halifax
Hertford
Northampton
8 7 Edgecombe
Nash
Wilson
9 6 Greene
Lenoir
Wayne
10A 3 (part of Wake see subsection
(b))
10B 3 (part of Wake see subsection
(b))
10C 3 (part of Wake see subsection
(b))
10D 5 (part of Wake see subsection
(b))
10E 3 (part of Wake see subsection
(b))
10F 3 (part of Wake see subsection
(b))
11A 5 Franklin
Granville
(part of Vance see subsection
(b))
Person
11B 2 Warren
(part of Vance see subsection
(b))
12 11 Harnett
Johnston
Lee
14 10 Cumberland
15 7 Bladen
Brunswick
Columbus
16 7 Durham
17 5 Alamance
18 5 Chatham
Orange
20 6 Robeson
21 4 Anson
Richmond
Scotland
22 4 Caswell
Rockingham
23 4 Stokes
Surry
24 14 Guilford
25 6 Cabarrus
26 21 Mecklenburg
27 5 Rowan
28 3 Montgomery, Stanly
29 5 Hoke, Moore
30 5 Union
31 11 Forsyth
32 6 Alexander
Iredell
33 6 Davidson
Davie
34 5 Alleghany
Ashe
Wilkes
Yadkin
35 4 Avery
Madison
Mitchell
Watauga
Yancey
36 10 Burke
Caldwell
Catawba
37 5 Randolph
38 7 Gaston
39 6 Cleveland
Lincoln
40 7 Buncombe
41 4 McDowell
Rutherford
42 5 Henderson
Polk
Transylvania
43 7 Cherokee
Clay
Graham
Haywood
Jackson
Macon
Swain.
(b) For district court districts of less than a whole county, or with part or all of one county with part of another, the composition of the district is as follows:
(1) District Court District 11A consists of Person, Franklin and Granville Counties and the remainder of Vance County not in District Court District 11B.
(2) District Court District 11B consists of Warren County and VTD EH1, VTD MIDD, VTD NH1, VTD NH2, VTD TWNS, VTD WMSB of Vance County.
(3) Repealed by Session Laws 2021-180, s. 16.7(b), effective January 1, 2025.
(4) Repealed by Session Laws 2021-180, s. 16.7(b), effective January 1, 2025.
(5) District 10A: Wake County: VTD 01-42, VTD 01-47, VTD 02-01, VTD 02-02, VTD 02-03, VTD 02-04, VTD 02-05, VTD 02-06, VTD 07-02, VTD 07-06, VTD 07-07, VTD 08-04, VTD 08-05, VTD 08-07, VTD 09-01, VTD 09-03, VTD 10-01, VTD 13-10, VTD 13-11, VTD 14-01, VTD 14-02, VTD 19-03, VTD 19-04, VTD 19-05, VTD 19-06, VTD 19-07, VTD 19-09, VTD 19-10, VTD 19-11, VTD 19-12.
(6) District 10B: Wake County: VTD 09-02, VTD 10-02, VTD 10-03, VTD 10-04, VTD 13-01, VTD 13-07, VTD 13-08, VTD 13-09, VTD 16-08, VTD 17-02, VTD 17-03, VTD 17-04, VTD 17-06, VTD 17-07, VTD 17-08, VTD 17-09, VTD 17-11, VTD 19-16, VTD 19-17.
(7) District 10C: Wake County: VTD 01-04, VTD 01-09, VTD 01-10, VTD 01-12, VTD 01-13, VTD 01-14, VTD 01-15, VTD 01-17, VTD 01-18, VTD 01-28, VTD 01-30, VTD 01-34, VTD 01-36, VTD 01-37, VTD 01-38, VTD 01-39, VTD 01-43, VTD 01-44, VTD 01-45, VTD 01-46, VTD 01-51, VTD 07-03, VTD 07-04, VTD 07-05, VTD 07-09, VTD 07-11, VTD 07-12, VTD 07-13, VTD 08-02, VTD 08-06, VTD 08-09, VTD 13-02, VTD 13-05, VTD 13-06, VTD 17-01, VTD 17-05, VTD 17-10.
(8) District 10D: Wake County: VTD 01-01, VTD 01-02, VTD 01-03, VTD 01-05, VTD 01-06, VTD 01-07, VTD 01-11, VTD 01-16, VTD 01-29, VTD 01-33, VTD 01-49, VTD 04-01, VTD 04-02, VTD 04-03, VTD 04-04, VTD 04-05, VTD 04-06, VTD 04-07, VTD 04-08, VTD 04-09, VTD 04-10, VTD 04-11, VTD 04-12, VTD 04-14, VTD 04-15, VTD 04-16, VTD 04-17, VTD 04-18, VTD 04-20, VTD 04-21, VTD 05-05, VTD 06-05, VTD 06-07, VTD 07-01, VTD 07-10, VTD 08-03, VTD 08-08, VTD 08-10, VTD 08-11, VTD 11-01, VTD 11-02, VTD 12-01, VTD 12-02, VTD 12-04, VTD 12-05, VTD 12-06, VTD 12-07, VTD 12-09, VTD 15-01, VTD 15-02, VTD 15-03, VTD 15-04, VTD 16-01, VTD 16-05, VTD 16-09, VTD 18-02, VTD 18-03, VTD 18-05, VTD 20-03, VTD 20-05, VTD 20-09.
(9) District 10E: Wake County: VTD 01-19, VTD 01-20, VTD 01-21, VTD 01-22, VTD 01-23, VTD 01-25, VTD 01-26, VTD 01-27, VTD 01-31, VTD 01-32, VTD 01-35, VTD 01-40, VTD 01-41, VTD 01-48, VTD 01-50, VTD 16-02, VTD 16-03, VTD 16-04, VTD 16-06, VTD 16-07, VTD 18-01, VTD 18-04, VTD 18-06, VTD 18-07, VTD 18-08.
(10) District 10F: Wake County: VTD 03-00, VTD 04-13, VTD 04-19, VTD 05-01, VTD 05-03, VTD 05-04, VTD 05-06, VTD 06-01, VTD 06-04, VTD 06-06, VTD 12-08, VTD 20-01, VTD 20-02, VTD 20-04, VTD 20-06, VTD 20-08, VTD 20-10, VTD 20-11, VTD 20-12.
(11) through (18) Repealed by Session Laws 2020-84, s. 2(a), effective January 1, 2021.
The names and boundaries of voting tabulation districts specified for Wake County, and Vance County in this section are as shown on the 2010 Census Redistricting TIGER/Line Shapefiles. Precinct boundaries for other counties are those reported by the United States Bureau of the Census under Public Law 94-171 for the 1990 Census in the IVTD Version of the TIGER files.
(b1) The qualified voters of District Court District 12 shall elect all eight judges established for the District in subsection (a) of this section, but only persons who reside in Johnston County may be candidates for five of the judgeships, only persons who reside in Harnett County may be candidates for two of the judgeships, and only persons who reside in Lee County may be candidates for the remaining judgeship.
(b2) The qualified voters of District Court District 15 shall elect all seven judges established for the District in subsection (a) of this section, but only persons who reside in Bladen County may be candidates for one of those judgeships, only persons who reside in Columbus County may be candidates for two of those judgeships, and only persons who reside in Brunswick County may be candidates for four of those judgeships. These district court judgeships shall be numbered and assigned for residency purposes as follows:
(1) Seat number one, established for residents of Brunswick County by this section, shall be the seat currently held by Judge Barefoot.
(2) Seat number two, established for residents of Brunswick County by this section, shall be the seat currently held by Judge Fairley.
(3) Seat number three, established for residents of Brunswick County by this section, shall be the seat currently held by Judge Warren.
(4) Seat number four, established for residents of Columbus County by this section, shall be the seat currently held by Judge Jolly.
(5) Seat number five, established for residents of Columbus County by this section, shall be the seat currently held by Judge Tyler.
(6) Seat number six, established for residents of Bladen County by this section, shall be the seat currently held by Judge Ussery.
(7) Seat number seven, established for residents of Brunswick County by this section, shall be the seat created on January 1, 2023.
(b3) The qualified voters of District Court District 32 shall elect all five judges established for the District in subsection (a) of this section, but only persons who reside in Alexander County may be candidates for two of the judgeships, and only persons who reside in Iredell County may be candidates for three of the judgeships.
(b4) The qualified voters of District Court District 33 shall elect all six judges established for the District in subsection (a) of this section, but only persons who reside in Davie County may be candidates for two of the judgeships, and only persons who reside in Davidson County may be candidates for four of the judgeships.
(b5) The qualified voters of District 21 shall elect all judges established for District 21 in subsection (a) of this section, but only persons who reside in Anson County may be candidates for one of the judgeships, only persons who reside in Scotland County may be candidates for one of the judgeships, and only persons who reside in Richmond County may be candidates for the remaining judgeships. In order to implement this section the following shall apply in order to transition from at large seats to residency requirements:
(1) In 2020, and every four years thereafter, the district court judgeship requiring a resident of Anson County shall be elected, and a district court judgeship requiring a resident of Richmond County shall be elected.
(2) In 2022, and every four years thereafter, the district court judgeship requiring a resident of Scotland County shall be elected, and a district court judgeship requiring a resident of Richmond County shall be elected.
(b6) The qualified voters of District 28 shall elect all judges established for District 28 in subsection (a) of this section, but only persons who reside in Montgomery County may be candidates for one of the judgeships, and only persons who reside in Stanly County may be candidates for the remaining judgeships.
(b7) Subject to the provisions of this subsection, the qualified voters of District 36 shall elect all judges established for District 36 in subsection (a) of this section, but only persons who reside in Catawba County may be candidates for five of the judgeships, and only persons who reside in Burke or Caldwell County may be candidates for the remaining judgeships. In order to implement this section the following shall apply in order to transition from at large seats to residency requirements:
(1) Transition of seats; regular elections. - For any district court judgeship that is held by a resident of Burke or Caldwell Counties on July 1, 2018, at the next general election after July 1, 2018, that district court judgeship shall be filled only by a person who is a resident of Burke or Caldwell Counties. Until such time as three district court judgeships transition under subdivision (2) of this subsection, for any district court judgeship that is held by a resident of Catawba County on July 1, 2018, that district court judgeship shall, at the next general election after July 1, 2018, be filled only by a person who is a resident of Burke, Caldwell, or Catawba County.
(2) Transition of seats; vacancies. - Upon each of the first three district court judgeship vacancies occurring in District Court District 36 after July 1, 2018, due to death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on July 1, 2018, that vacancy shall be filled according to law for the remainder of the unfilled term. At the next general election held for that district court judgeship, only persons who reside in Burke or Caldwell County may be candidates for that district court judgeship. Any primary associated with that general election for that district court judgeship after the completion of the term shall also be held accordingly, in accordance with this subsection.
(3) Notification to State Board. - Upon each of the first three district court judgeship vacancies occurring after July 1, 2018, in District Court District 36 due to the death, resignation, removal, or retirement of a person who is a resident of Catawba County holding a judgeship on July 1, 2018, the Director of the Administrative Office of the Courts shall provide written notice of the vacancy to the State Board of Elections and Ethics Enforcement. During the filing period for that district court judgeship at the next general election held for that district court judgeship, the State Board of Elections and Ethics Enforcement shall ensure that only persons who reside in Burke or Caldwell County may file as candidates for that district court judgeship in accordance [with] this subsection.
(4) Final transition. - If a total of three district court judgeships have not transferred under subdivision (2) of this subsection to be eligible to be held by only persons who are residents of Burke or Caldwell Counties by January 1, 2030, a sufficient number of district court judgeships to total three district court judgeships shall be transferred to be held by only persons who are residents of Burke or Caldwell Counties on January 1, 2031, and the 2030 elections shall be held accordingly.
(b8) The qualified voters of District Court District 29 shall elect all judges established for District 29 in subsection (a) of this section, but only persons who reside in Hoke County may be candidates for one of the judgeships, and only persons who reside in Hoke or Moore County may be candidates for the remaining judgeships.
(c) Each county shall have the numbers of magistrates and additional seats of district court, as set forth in the following table:
Magistrates Additional
County Min. Seats of Court
Alamance 12 Burlington
Alexander 4
Alleghany 3
Anson 4
Ashe 4
Avery 3
Beaufort 4
Bertie 3
Bladen 4
Brunswick 8
Buncombe 15
Burke 5.6
Cabarrus 10 Kannapolis
Caldwell 6
Camden 3
Carteret 6
Caswell 4
Catawba 10 Hickory
Chatham 4 Siler City
Cherokee 4
Chowan 3
Clay 3
Cleveland 8
Columbus 5 Tabor City
Craven 8 Havelock
Cumberland 20
Currituck 4
Dare 5
Davidson 9 Thomasville
Davie 4
Duplin 5
Durham 18
Edgecombe 7 Rocky Mount
Forsyth 20 Kernersville
Franklin 4
Gaston 17
Gates 3
Graham 3
Granville 5
Greene 3
Guilford 32 High Point
Halifax 7 Roanoke Rapids,
Scotland Neck
Harnett 7 Dunn
Haywood 5 Canton
Henderson 7
Hertford 4
Hoke 4
Hyde 3.5
Iredell 9 Mooresville
Jackson 4
Johnston 10 Benson,
Clayton,
Selma
Jones 4
Lee 5
Lenoir 7 La Grange
Lincoln 6
Macon 4
Madison 3
Martin 4
McDowell 4
Mecklenburg 38.5
Mitchell 3
Montgomery 4
Moore 6 Southern Pines
Nash 9 Rocky Mount
New Hanover 14
Northampton 3
Onslow 11
Orange 7 Chapel Hill
Pamlico 3
Pasquotank 4
Pender 5
Perquimans 3
Person 4
Pitt 13 Ayden
Farmville
Polk 3
Randolph 9 Liberty
Richmond 5 Hamlet
Robeson 12
Rockingham 7 Eden,
Madison,
Reidsville
Rowan 9
Rutherford 6
Sampson 5
Scotland 5
Stanly 6
Stokes 4
Surry 5 Mt. Airy
Swain 3
Transylvania 4
Tyrrell 3
Union 9
Vance 6
Wake 32 Apex,
Fuquay-Varina,
Wake Forest,
Wendell
Warren 3
Washington 3
Watauga 4
Wayne 9 Mount Olive
Wilkes 6
Wilson 7
Yadkin 4
Yancey 3
(c1) Notwithstanding the minimum staffing numbers in subsection (c) of this section, the clerk of superior court in a county, with the written or emailed consent of the chief district court judge, may hire one deputy or assistant clerk in lieu of one of the magistrate positions allocated to that county. To provide accessibility for law enforcement and citizens, the clerk of superior court's office shall provide some of the services traditionally provided by the magistrates' office during some or all of the regular courthouse hours.
The Administrative Office of the Courts shall report by March 1 of each year to the chairs of the House of Representatives Appropriations Committee on Justice and Public Safety and the Senate Appropriations Committee on Justice and Public Safety regarding each of the following:
(1) All deputy or assistant clerk positions previously filled pursuant to this subsection if the position remains filled pursuant to this subsection.
(2) New deputy or assistant clerk positions filled pursuant to this subsection. (1965, c. 310, s. 1; 1967, c. 691, s. 8; 1969, c. 1190, s. 10; c. 1254; 1971, c. 377, s. 7; cc. 727, 840, 841, 842, 843, 865, 866, 898; 1973, cc. 132, 373, 483; c. 838, s. 1; c. 1376; 1975, c. 956, ss. 8, 10; 1977, cc. 121, 122; c. 678, s. 2; c. 947, s. 1; c. 1130, ss. 4, 5; 1977, 2nd Sess., c. 1238, s. 3; c. 1243, ss. 3, 6; 1979, c. 465; c. 838, ss. 117, 118; c. 1072, ss. 2, 3; 1979, 2nd Sess., c. 1221, s. 2; 1981, c. 964, s. 4; 1983, c. 881, s. 5; 1983 (Reg. Sess., 1984), c. 1109, s. 5; 1985, c. 698, ss. 7(a), 12; 1985 (Reg. Sess., 1986), c. 1014, s. 222; 1987, c. 738, ss. 126(a), 130(a); 1987 (Reg. Sess., 1988), c. 1056, s. 4; c. 1075; c. 1100, s. 17.2(a); 1989, c. 795, s. 23(a), (d), (h); 1991, c. 742, ss. 11, 12(a); 1993, c. 321, ss. 200.4(e), 200.6(a), (d); 1993 (Reg. Sess., 1994), c. 769, s. 24.9; 1995, c. 507, s. 21.1(c); 1995 (Reg. Sess., 1996), c. 589, s. 2(a); 1996, 2nd Ex. Sess., c. 18, ss. 22.4, 22.7(a); 1997-443, ss. 18.12(a), 18.13; 1998-212, ss. 16.11, 16.16(a); 1998-217, s. 67.3(a); 1999-237, ss. 17.4, 17.6(a); 2000-67, ss. 15.2, 15.3(a); 2001-400, s. 1; 2001-424, ss. 22.16, 22.17(a); 2003-284, s. 13.8; 2004-124, ss. 14.1(a), 14.6(e); 2005-276, s. 14.2(f), (f1); 2005-345, s. 27(a), (b); 2006-66, ss. 14.4(a), 14.5; 2006-96, s. 1; 2006-187, s. 7(a); 2006-221, s. 14(a); 2006-264, s. 93(a); 2007-323, ss. 14.13(a), (d), 14.25(e), (f); 2007-484, s. 25(a), 36; 2008-107, s. 14.13(a); 2009-341, s. 1; 2012-194, s. 1(c), (d); 2013-360, s. 18B.22(f); 2016-94, s. 19B.3(a); 2017-57, s. 18B.9(c); 2018-14, s. 2(a); 2018-121, s. 2(a); 2019-229, s. 2(a); 2020-84, s. 2(a); 2021-148, s. 1; 2021-180, s. 16.7(a)-(c); 2022-6, s. 8.1; 2022-74, s. 16.5; 2023-134, ss. 16.2, 16.5(a)-(d), 16.26(b), (c), (g); 2024-1, s. 5.1(a).)