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AG 2001 11 19
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AG 2001 11 19
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Last modified
3/25/2002 4:54:59 PM
Creation date
11/27/2017 11:46:27 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
11/19/2001
Board
Board of Commissioners
Meeting Type
Regular
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ADMINISTRATIVE OFFICE Of THE COURTS <br /> JUStiCE BUILDING <br /> <br /> P O. BOX 244B <br /> <br /> RALEIGH. NORTH CAROLINA 2?602 <br /> <br />INFORMATION MEMORANDUM REGARDING FACILITIES FEE REVENUE <br /> <br /> With the reorganization of North Carolina courts in the 1960's, the State assumed <br />funding responsibility for the operatinl~ expenses (salaries, office supplies, equipment, <br />travel, etc.) of the Judicial Department, leaving to the counties (or municipalities) thc <br />funding responsibility for providing facilities and furniture. Article IV, Section 20 of the <br />North Carolina Constitution expressly provides: "The operating expenses of the judicial <br />department, other than compensation to process servers and other locally paid non-judicial <br />officers, shall be paid from State funds." See also Section 7A-300(a) of the North <br />Carolina General Statutes. <br /> <br /> Section 7A-302 of the North Carolina Gcneral Statutes provides that the counties <br />(and municipalities in cases of additional scats of court outside the county seat)arc <br />rcsponslble for providing courtrooms and related judicial facilities (including furniture). <br />This section goes on to provide that the facilities fee, collected for the State by the clerks <br />of superior court, shall be remitted to thc county or municipality providing the Facilities, <br />"to assist a county or municipality in meeting the expense of providing courtrooms and <br />related judicial facilities." Thus, the General Assembly has recognized that the facilities <br />fee revenue would not be adequate to cover all the costs of providing and maintaining <br />building facilities, particularly in the event of major renovation or additions or <br />construction of a new building. Rather, the facilities fee revenue, to the extent available, <br />would assist thc counties and municipalities in providing adequate building facilities for <br />[he courts. <br /> <br />Thc Prcscribcd USc of Facilities Fcc Revenue <br /> <br /> G.S. 7A-304(a)(2) and G.S. 7A-305(a)(1) provide for thc collcction of a facilities fcc <br />in court cases. These fees are to be remitted by the clerk of superior court to the county <br />in which the judgment is rendered. If the judgment is rendered in facilities provided by <br />a municipality, the facilities fcc is to be remlttqd to thc municipality. <br /> <br /> Under G.S. 7A-304(a)(2), funds derived from the Facilities fee are to be used <br />"exclusively" by the county or municipality "for providing, maintaining, and constructing <br />adequate courtroom and related judicial facilities, including" <br /> <br />- adequate space and furniture for judges, district attorncys, public dcfcndcrs, <br /> magistrates, juries, and other court related personnel; <br /> <br />office space, furniture and vaults for thc clerk; <br /> <br />jail and juvenile dctention facilities; <br /> <br />free parking for jurors; <br /> <br />law library (including books) if one has heretofore been established or if the <br /> governing body hereafter decides to establish one. <br /> <br /> <br />
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