13 | 13 | | A BILL TO BE ENTITLED 1 |
---|
14 | 14 | | AN ACT TO ESTABLISH THE STUDY COMMITTEE ON ASSISTANT DISTRICT 2 |
---|
15 | 15 | | ATTORNEY, ASSISTANT PUBLIC DEFENDER , AND PRIVATE ASSIGNED 3 |
---|
16 | 16 | | COUNSEL PAY RATES. 4 |
---|
17 | 17 | | The General Assembly of North Carolina enacts: 5 |
---|
18 | 18 | | SECTION 1. Committee Established. – There is established the Study Committee 6 |
---|
19 | 19 | | on Assistant District Attorney, Assistant Public Defender, and Private Assigned Counsel Pay 7 |
---|
20 | 20 | | Rates (Committee). The Committee shall include 12 voting members, as follows: 8 |
---|
21 | 21 | | (1) Two members of the House of Representatives, appointed by the Speaker of 9 |
---|
22 | 22 | | the House of Representatives. 10 |
---|
23 | 23 | | (2) Two members of the Senate, appointed by the President Pro Tempore of the 11 |
---|
24 | 24 | | Senate. 12 |
---|
25 | 25 | | (3) Two members appointed by the Conference of District Attorneys. 13 |
---|
26 | 26 | | (4) Two members appointed by the Office of Indigent Defense Services. 14 |
---|
27 | 27 | | (5) Two members of the State Bar that practice criminal law, appointed by the 15 |
---|
28 | 28 | | North Carolina Bar Association. 16 |
---|
29 | 29 | | (6) Two members of the State Bar that practice criminal law, appointed by the 17 |
---|
30 | 30 | | Chief Justice of the Supreme Court. 18 |
---|
31 | 31 | | SECTION 2. Nonvoting Members; Cochairs. – The Executive Director of the 19 |
---|
32 | 32 | | Conference of District Attorneys and the Executive Director of Indigent Defense Services shall 20 |
---|
33 | 33 | | serve as nonvoting ex officio members of the Committee and shall serve as cochairs of the 21 |
---|
34 | 34 | | Committee. 22 |
---|
35 | 35 | | SECTION 3. Vacancies. – A vacancy on the Committee shall be filled by the original 23 |
---|
36 | 36 | | appointing authority using the criteria for the prior appointment. 24 |
---|
37 | 37 | | SECTION 4. Duties. – The Committee shall serve as a study and advisory committee 25 |
---|
38 | 38 | | on the pay rates of assistant district attorneys, assistant public defenders, and private assigned 26 |
---|
39 | 39 | | counsel. Pursuant to this work, the Committee shall study, at a minimum, each of the following: 27 |
---|
40 | 40 | | (1) The current state of assistant district attorney, assistant public defender, and 28 |
---|
41 | 41 | | private assigned counsel pay throughout the State, in general, and when 29 |
---|
42 | 42 | | separated into the three cost-of-living categories of urban, suburban, and rural. 30 |
---|
43 | 43 | | (2) The current pay structure for assistant district attorneys, assistant public 31 |
---|
44 | 44 | | defenders, and private assigned counsel. 32 |
---|
45 | 45 | | (3) The comparison between North Carolina's pay and pay structures studied 33 |
---|
46 | 46 | | pursuant to subdivisions (1) and (2) of this section and the pay and pay 34 |
---|
49 | 52 | | (4) The differences in cost of living, availability of housing, and other associated 1 |
---|
50 | 53 | | costs in various cities, counties, and regions of the State. 2 |
---|
51 | 54 | | (5) Factors that positively or negatively influence law students and attorneys 3 |
---|
52 | 55 | | regarding the choice to serve as assistant district attorneys, assistant public 4 |
---|
53 | 56 | | defenders, or private assigned counsel, including, at a minimum, the following 5 |
---|
54 | 57 | | factors: 6 |
---|
55 | 58 | | a. Local amenities. 7 |
---|
56 | 59 | | b. Local school quality. 8 |
---|
57 | 60 | | c. Economic development opportunities. 9 |
---|
58 | 61 | | (6) The structured pay model utilized by the Offices of the United States 10 |
---|
59 | 62 | | Attorneys. 11 |
---|
60 | 63 | | (7) The structured pay and amenity allowances utilized by the United States 12 |
---|
61 | 64 | | Armed Services. 13 |
---|
62 | 65 | | (8) Any other subject the Committee finds relevant to its work. 14 |
---|
63 | 66 | | SECTION 5. Administration. – The Committee shall meet upon the call of its 15 |
---|
64 | 67 | | cochairs, and a quorum of the Committee shall be a majority of its voting members. Members of 16 |
---|
65 | 68 | | the Committee shall receive per diem and necessary travel and subsistence expenses in 17 |
---|
66 | 69 | | accordance with G.S. 120-3.1, 138-5, and 138-6, as applicable. The Committee may meet in the 18 |
---|
67 | 70 | | Legislative Building or the Legislative Office Building. The Legislative Services Officer shall 19 |
---|
68 | 71 | | assign professional and clerical staff and provide other necessary resources to assist the 20 |
---|
69 | 72 | | Committee in its work. 21 |
---|
70 | 73 | | SECTION 6. Reporting. – No later than March 1, 2026, in an interim report, and 22 |
---|
71 | 74 | | March 1, 2027, in a final report, the Committee shall report to the following entities regarding 23 |
---|
72 | 75 | | the information studied pursuant to this act, including any related findings and legislative 24 |
---|
73 | 76 | | recommendations: 25 |
---|
74 | 77 | | (1) The Joint Legislative Oversight Committee on Justice and Public Safety. 26 |
---|
75 | 78 | | (2) The Senate Appropriations Committee on Justice and Public Safety. 27 |
---|
76 | 79 | | (3) The House Appropriations Committee on Justice and Public Safety. 28 |
---|
77 | 80 | | SECTION 7. This act is effective when it becomes law. 29 |
---|