N.C. Gen. Stat. § 7A-60

Current through Session Law 2024-56

Section 7A-60 - [Effective 7/1/2027] District attorneys and prosecutorial districts

(a) The State shall be divided into prosecutorial districts, as shown in subsection (a1) of this section. There shall be a district attorney for each prosecutorial district, as provided in subsections (b) and (c) of this section who shall be a resident of the prosecutorial district for which elected. A vacancy in the office of district attorney shall be filled as provided in Article IV, Sec. 19 of the Constitution.

(a1) The counties of the State are organized into prosecutorial districts, and each district has the counties and the number of full-time assistant district attorneys set forth in the following table:

No. of Full-Time
Prosecutorial	Asst. District
District	Counties	Attorneys
1	Camden, Chowan, Currituck, Dare, Gates, Pasquotank, Perquimans	11
2	Beaufort, Hyde, Martin, Tyrrell, Washington	8
3	Pitt	12
4	Carteret, Craven, Pamlico	13
5	Duplin, Jones, Onslow, Sampson	19
6	New Hanover, Pender	19
7	Bertie, Halifax, Hertford, Northampton	11
8	Edgecombe, Nash, Wilson	19
9	Greene, Lenoir, Wayne	14
11	Franklin, Granville, Person Vance, Warren	15
10	Wake	44
12	Harnett, Lee	11
13	Johnston	10
14	Cumberland	25
15	Bladen, Brunswick, Columbus	14
16	Durham	18
17	Alamance	12
18	Orange, Chatham	10
19	Catawba	10
20	Robeson	12
21	Anson, Richmond, Scotland	9
22	Caswell, Rockingham	8
23	Stokes, Surry	8
24	Guilford	34
25	Cabarrus	9
37	Randolph	10
27	Rowan	9
29	Hoke, Moore	9
28	Montgomery, Stanly	6
30	Union	11
31	Forsyth	27
32	Alexander, Iredell	12
33	Davidson, Davie	12
34	Alleghany, Ashe, Wilkes, Yadkin	9
35	Avery, Madison, Mitchell, Watauga, Yancey	8
36	Burke, Caldwell	11
26	Mecklenburg	61
38	Gaston	15
39	Cleveland, Lincoln	12
40	Buncombe	14
41	McDowell, Rutherford	8
42	Henderson, Polk, Transylvania	9
43	Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain.	15

(a2) Repealed by Session Laws 2017-57, s. 18B.9(f), effective June 28, 2017.

(a3) In a manner not inconsistent with applicable State law, the North Carolina Conference of District Attorneys shall have the authority to assign to specific counties assistant district attorney positions created by the General Assembly for the purpose of serving as special assistant United States attorneys. The Conference will retain assignment authority of assistant district attorney positions referenced in this subsection for so long as the positions are funded for that purpose.

The number of assistant district attorney positions subject to the requirements of this subsection shall be six.

(b) Except as provided in subsection (c) of this section, each district attorney for a prosecutorial district as defined in subsection (a1) of this section, other than District 19B, who is in office on December 31, 1988, shall continue in office for that prosecutorial district, for a term expiring December 31, 1990. In the general election of 1990, and every four years thereafter, a district attorney shall be elected for a four-year term for each prosecutorial district other than Districts 16A and 19B, and shall take office on the January 1 following such election. The district attorney for Prosecutorial District 19B, who is elected in the general election of 1988 for a four-year term beginning January 1, 1989, shall serve that term for Prosecutorial District 19B. In the general election of 1992, and every four years thereafter, a district attorney shall be elected for a four-year term for Prosecutorial Districts 16A and 19B and shall take office on the January 1 following such election.

(c) The office and term of the district attorney for Prosecutorial District 12 formerly consisting of Cumberland and Hoke Counties are allocated to Prosecutorial District 12 as defined by subsection (a1) of this section. The office and the term of the district attorney for former Prosecutorial District 16 consisting of Robeson and Scotland Counties are allocated to Prosecutorial District 16B as defined by subsection (a1) of this section. The initial district attorney for Prosecutorial District 16A as defined in subsection (a1) of this section shall be elected in the general election of November 1988, from nominations made in accordance with G.S. 163A-987 as if a vacancy had occurred in nomination, and shall serve an initial term expiring December 31, 1992. In all other respects, subsection (b) of this section shall apply to the district attorneys for Prosecutorial Districts 12, 16A, and 16B to the same extent as all other district attorneys.

N.C. Gen. Stat. § 7A-60

Amended by 2023 N.C. Sess. Laws 134,s. 16.4-c, eff. 7/1/2027.

Amended by 2023 N.C. Sess. Laws 134,s. 16.26-d, eff. 1/1/2027.

Amended by 2024 N.C. Sess. Laws 1,s. 5.2-a, eff. 5/15/2024.

Amended by 2023 N.C. Sess. Laws 134,s. 16.4-b, eff. 7/1/2023.

Amended by 2023 N.C. Sess. Laws 134,s. 16.4-a, eff. 7/1/2023.

Amended by 2022 N.C. Sess. Laws 74, s. 16.6, eff. 7/1/2022.

Amended by 2021 N.C. Sess. Laws 180, s. 16.8-a, eff. 1/1/2022.

Amended by 2019 N.C. Sess. Laws 229, s. 1-b, eff. 7/1/2020.

Amended by 2019 N.C. Sess. Laws 229, s. 1-a, eff. 7/1/2019.

Amended by 2018 N.C. Sess. Laws 121, s. 3-a, eff. 6/28/2018.

Amended by 2018 N.C. Sess. Laws 114, s. 24-b, eff. 1/1/2019.

Amended by 2018 N.C. Sess. Laws 5, s. 18B.6, eff. 1/1/2019.

Amended by 2017 N.C. Sess. Laws 197, s. 5.6-a, eff. 1/1/2019.

Amended by 2017 N.C. Sess. Laws 57, s. 18B.9-f, eff. 6/28/2017.

Amended by 2017 N.C. Sess. Laws 57, s. 18B.9-e, eff. 6/28/2017.

Amended by 2014 N.C. Sess. Laws 100, s. 18B.7-a, eff. 7/1/2014.

Article heading amended by 2013 N.C. Sess. Laws 410, s. 1, eff. 8/23/2013.

Amended by 2013 N.C. Sess. Laws 360, s. 18B.22-k, eff. 1/1/2015.

Amended by 2012 N.C. Sess. Laws 194, s. 1-b, eff. 7/17/2012.

Amended by 2009 N.C. Sess. Laws 451, s. 15.17E.(a).

Amended by 2008 N.C. Sess. Laws 107, s. 14.6, eff. 7/1/2008.

Amended by 2007 N.C. Sess. Laws 323, s. 14.14.(a), eff. 7/1/2007, s. 14.25.(j), eff. 1/1/2009.

Amended by 2006 N.C. Sess. Laws 66, s. 14.3.(a), eff. 1/1/2007, and s. 14.19.(a), eff. 1/15/2007.

Amended by 2005 N.C. Sess. Laws 276, s. 14.2.(l).

Amended by 2004 N.C. Sess. Laws 0124, s. 14.6.(h), eff. 12/1/2004.

1967, c. 1049, s. 1; 1975, c. 956, s. 4; 1977, c. 1130, s. 3; 1977, 2nd Sess., c. 1238, s. 2; 1981, c. 964, ss. 2, 3; 1987, c. 509, ss. 4, 5; c. 738, s. 127(a); 1987 (Reg. Sess., 1988), c. 1056, s. 1; c. 1086, s. 111; 1989, c. 770, ss. 1, 56; c. 795, s. 24(a), (e); 1991, c. 742, s. 13; 1991 (Reg. Sess., 1992), c. 900, s. 120(a), (b); 1993, c. 321, ss. 200.4(l), 200.7(a), (b); 1995, c. 507, s. 21.7; 1995 (Reg. Sess., 1996), c. 589, s. 3(a); 1996, 2nd Ex. Sess., c. 18, s. 22(a); 1997-443, s. 18.11(a); 1998-212, s. 16.20(a); 1999-237, s. 17.8(a).

See 2018 N.C. Sess. Laws 121, s. 3-b, s. 3-c, s. 3-d, s. 7.

See 2018 N.C. Sess. Laws 114, s. 24-a.

See 2017 N.C. Sess. Laws 57, s. 18B.9-h, s. 18B.9-i.

See 2007 N.C. Sess. Laws 323, ss. 14.25.(k), 14.25.(l), 14.25.(m).

This section is set out more than once due to postponed, multiple, or conflicting amendments.