North Carolina Senate Bill S476

North Carolina 2023-2024 Regular Session

• Introduced: 4/3/23
• Refer: 4/4/23

Caption

Civ. Pro./Amend Rule 53 Reference Procedure

Impact

If enacted, this bill would significantly change how family law cases are handled in North Carolina. It allows for referrals of complicated family law matters to a referee, who would be empowered to make determinations in cases involving alimony, child custody, child support, and equitable distribution of assets. This amendment could lead to more expedient resolutions in family law cases by leveraging the expertise of referees and could potentially ease the burden on already overtaxed court systems. However, the bill retains protections for parties involved by ensuring that contentious issues like custody mediation are first addressed in a mandatory mediation setting before referral to a referee.

Summary

Senate Bill 476 seeks to amend Rule 53 of the North Carolina Rules of Civil Procedure to allow for a reference in family law matters. The bill is aimed at improving the judicial process related to family law cases, particularly issues that are often complex and lengthy, such as alimony and child custody disputes. By allowing these matters to be referred to a referee, the bill proposes to streamline proceedings, reduce court backlog, and facilitate better management of intricate cases by experienced attorneys acting as referees.

Sentiment

The sentiment surrounding SB 476 is mixed. Proponents argue that the bill is necessary for improving the efficiency of the legal system and better serving families in distressing situations, allowing for quicker resolutions in matters that can significantly affect life outcomes. However, critics are concerned about the potential for unequal access to justice, as they worry that not all parties may afford the costs associated with hiring referees. Some also fear that the bill could inadvertently diminish the role of the courtroom in seriously contested family matters by moving them away from judicial oversight.

Contention

One notable point of contention mentioned during discussions is the concern over ensuring that all parties have an equal opportunity to present their cases to a neutral third party. Some stakeholders highlighted that while the bill mentions the ability to consent to a referee, it may create scenarios where less advantaged individuals could be placed at a disadvantage due to financial constraints of paying for a referee's services. Additionally, opponents stress the importance of maintaining the right to a jury trial in contested cases even with compulsory references, which some fear the bill may inadvertently undermine.