(a) The numbers andsalaries of assistant clerks, deputy clerks, and other employees in the officeof each clerk of superior court shall be determined by the Administrative Officerof the Courts after consultation with the clerk concerned. All personnel in theclerk's office are employees of the State. The clerk appoints the assistants,deputies, and other employees in the clerk's office to serve at his or herpleasure. Assistant and deputy clerks shall take the oath of office prescribedfor clerks of superior court, conformed to the office of assistant or deputyclerk, as the case may be. Except as provided by subsection (c2) of thissection, the job classifications and related salaries of each employee withinthe office of each superior court clerk shall be subject to the approval of theAdministrative Officer of the Courts after consultation with each clerkconcerned and shall be subject to the availability of funds appropriated forthat purpose by the General Assembly.
(b) An assistant clerkis authorized to perform all the duties and functions of the office of clerk ofsuperior court, and any act of an assistant clerk is entitled to the same faithand credit as that of the clerk. A deputy clerk is authorized to certify theexistence and correctness of any record in the clerk's office, to take theproofs and examinations of the witnesses touching the execution of a will asrequired by G.S. 31‑17, and to perform any other ministerial act whichthe clerk may be authorized and empowered to do, in his own name and withoutreciting the name of his principal. The clerk is responsible for the acts ofhis assistants and deputies. With the consent of the clerk of superior court ofeach county and the consent of the presiding judge in any proceeding, anassistant or deputy clerk is authorized to perform all the duties and functionsof the office of the clerk of superior court in another county in anyproceeding in the district or superior court that has been transferred to thatcounty from the county in which the assistant or deputy clerk is employed.
(c) Notwithstanding theprovisions of subsection (a), the Administrative Officer of the Courts shallestablish an incremental salary plan for assistant clerks and for deputy clerksbased on a series of salary steps corresponding to the steps contained in theSalary Plan for State Employees adopted by the Office of State Personnel,subject to a minimum and a maximum annual salary as set forth below. On andafter July 1, 1985, each assistant clerk and each deputy clerk shall beeligible for an annual step increase in his salary plan based on satisfactoryjob performance as determined by each clerk. Notwithstanding the foregoing, ifan assistant or deputy clerk's years of service in the office of superior courtclerk would warrant an annual salary greater than the salary first establishedunder this section, that assistant or deputy clerk shall be eligible on andafter July 1, 1984, for an annual step increase in his salary plan.Furthermore, on and after July 1, 1985, that assistant or deputy clerk shall beeligible for an increase of two steps in his salary plan, and shall remaineligible for a two‑step increase each year as recommended by each clerkuntil that assistant or deputy clerk's annual salary corresponds to his numberof years of service. Any person covered by this subsection who would notreceive a step increase in fiscal year 1995‑96 because that person is atthe top of the salary range as it existed for fiscal year 1994‑95 shallreceive a salary increase to the maximum annual salary provided by subsection(c1) of this section.
(c1) A full‑timeassistant clerk or a full‑time deputy clerk, and up to one full‑timedeputy clerk serving as head bookkeeper per county, shall be paid an annualsalary subject to the following minimum and maximum rates:
AssistantClerks and Annual Salary
HeadBookkeeper
Minimum $32,222
Maximum 54,767
DeputyClerks AnnualSalary
Minimum $27,888
Maximum 42,596.
(c2) The clerk ofsuperior court may appoint assistant clerks, deputy clerks, and a headbookkeeper and set their salaries above the minimum rate established for thepositions by subsection (c1) of this section if, in the clerk's discretion, (i)the needs of the clerk's office would be best served by an appointment abovethe minimum rate, (ii) the appointee's skills and experience support the higherrate, and (iii) the Administrative Office of the Courts certifies that thereare sufficient funds available.
(d) Full‑timeassistant clerks, licensed to practice law in North Carolina, who are employedin the office of superior court clerk on and after July 1, 1984, and full‑timeassistant clerks possessing a masters degree in business administration, publicadministration, accounting, or other similar discipline from an accreditedcollege or university who are employed in the office of superior court clerk onand after July 1, 1997, are authorized an annual salary of not less than three‑fourthsof the maximum annual salary established for assistant clerks; the clerk ofsuperior court, with the approval of the Administrative Office of the Courts,may establish a higher annual salary but that salary shall not be higher thanthe maximum annual salary established for assistant clerks. Full‑timeassistant clerks, holding a law degree from an accredited law school, who areemployed in the office of superior court clerk on and after July 1, 1984, areauthorized an annual salary of not less than two‑thirds of the maximumannual salary established for assistant clerks; the clerk of superior court,with the approval of the Administrative Office of the Courts, may establish ahigher annual salary, but the entry‑level salary may not be more thanthree‑fourths of the maximum annual salary established for assistantclerks, and in no event may be higher than the maximum annual salaryestablished for assistant clerks. Except as provided by subsection (c2) of thissection, the entry‑level annual salary for all other assistant and deputyclerks employed on and after July 1, 1984, shall be at the minimum rates asherein established.
(e) A clerk of superiorcourt may apply to the Director of the Administrative Office of the Courts toenter into contracts with local governments for the provision by the State ofservices of assistant clerks, deputy clerks, and other employees in the officeof each clerk of superior court pursuant to G.S. 153A‑212.1 or G.S. 160A‑289.1.
(f) The Director ofthe Administrative Office of the Courts may provide assistance requestedpursuant to subsection (e) of this section only upon a showing by the seniorresident superior court judge, supported by facts, that the overwhelming publicinterest warrants the use of additional resources for the speedy disposition ofcases involving drug offenses, domestic violence, or other offenses involving athreat to public safety.
(g) The terms of anycontract entered into with local governments pursuant to subsection (e) of thissection shall be fixed by the Director of the Administrative Office of theCourts in each case. Nothing in this section shall be construed to obligate theGeneral Assembly to make any appropriation to implement the provisions of thissection or to obligate the Administrative Office of the Courts to provide theadministrative costs of establishing or maintaining the positions or servicesprovided for under this section. Further, nothing in this section shall beconstrued to obligate the Administrative Office of the Courts to maintainpositions or services initially provided for under this section. (1777, c. 115, s. 86; P.R.;R.C., c. 19, s. 15; Code, s. 75; 1899, c. 235, ss. 2, 3; Rev., ss. 898‑900;1921, c. 32, ss. 1‑3; C.S., ss. 934(a)‑934(c), 935‑937; 1951,c. 159, ss. 1, 2; 1959, c. 1297; 1963, c. 1187; 1965, c. 264; c. 310, s. 1;1971, c. 363, s. 2; 1973, c. 678; 1983 (Reg. Sess., 1984), c. 1034, ss. 88, 89;1985, c. 479, s. 212; c. 757, s. 190; 1985 (Reg. Sess., 1986), c. 1014, s. 35;1987, c. 738, s. 21(a); 1987 (Reg. Sess., 1988), c. 1086, s. 15; 1989, c. 445;c. 752, s. 32; 1991 (Reg. Sess., 1992), c. 900, ss. 42, 119; 1993, c. 321, ss.58, 59; 1993 (Reg. Sess., 1994), c. 769, ss. 7.11, 7.12; 1995, c. 507, s.7.6(a), (b); 1996, 2nd Ex. Sess., c. 18, s. 28.5; 1997‑443, ss. 33.12,33.10(b); 1998‑153, s. 8(b); 1999‑237, s. 28.5; 2000‑67, ss.15.4(b), 26.5; 2001‑424, s. 32.6; 2003‑284, s. 30.14B; 2004‑124,s. 31.6(b); 2005‑276, s. 29.6; 2006‑66, s. 22.6; 2007‑323, s.28.6; 2008‑107, s. 26.6.)
(a) The numbers andsalaries of assistant clerks, deputy clerks, and other employees in the officeof each clerk of superior court shall be determined by the Administrative Officerof the Courts after consultation with the clerk concerned. All personnel in theclerk's office are employees of the State. The clerk appoints the assistants,deputies, and other employees in the clerk's office to serve at his or herpleasure. Assistant and deputy clerks shall take the oath of office prescribedfor clerks of superior court, conformed to the office of assistant or deputyclerk, as the case may be. Except as provided by subsection (c2) of thissection, the job classifications and related salaries of each employee withinthe office of each superior court clerk shall be subject to the approval of theAdministrative Officer of the Courts after consultation with each clerkconcerned and shall be subject to the availability of funds appropriated forthat purpose by the General Assembly.
(b) An assistant clerkis authorized to perform all the duties and functions of the office of clerk ofsuperior court, and any act of an assistant clerk is entitled to the same faithand credit as that of the clerk. A deputy clerk is authorized to certify theexistence and correctness of any record in the clerk's office, to take theproofs and examinations of the witnesses touching the execution of a will asrequired by G.S. 31‑17, and to perform any other ministerial act whichthe clerk may be authorized and empowered to do, in his own name and withoutreciting the name of his principal. The clerk is responsible for the acts ofhis assistants and deputies. With the consent of the clerk of superior court ofeach county and the consent of the presiding judge in any proceeding, anassistant or deputy clerk is authorized to perform all the duties and functionsof the office of the clerk of superior court in another county in anyproceeding in the district or superior court that has been transferred to thatcounty from the county in which the assistant or deputy clerk is employed.
(c) Notwithstanding theprovisions of subsection (a), the Administrative Officer of the Courts shallestablish an incremental salary plan for assistant clerks and for deputy clerksbased on a series of salary steps corresponding to the steps contained in theSalary Plan for State Employees adopted by the Office of State Personnel,subject to a minimum and a maximum annual salary as set forth below. On andafter July 1, 1985, each assistant clerk and each deputy clerk shall beeligible for an annual step increase in his salary plan based on satisfactoryjob performance as determined by each clerk. Notwithstanding the foregoing, ifan assistant or deputy clerk's years of service in the office of superior courtclerk would warrant an annual salary greater than the salary first establishedunder this section, that assistant or deputy clerk shall be eligible on andafter July 1, 1984, for an annual step increase in his salary plan.Furthermore, on and after July 1, 1985, that assistant or deputy clerk shall beeligible for an increase of two steps in his salary plan, and shall remaineligible for a two‑step increase each year as recommended by each clerkuntil that assistant or deputy clerk's annual salary corresponds to his numberof years of service. Any person covered by this subsection who would notreceive a step increase in fiscal year 1995‑96 because that person is atthe top of the salary range as it existed for fiscal year 1994‑95 shallreceive a salary increase to the maximum annual salary provided by subsection(c1) of this section.
(c1) A full‑timeassistant clerk or a full‑time deputy clerk, and up to one full‑timedeputy clerk serving as head bookkeeper per county, shall be paid an annualsalary subject to the following minimum and maximum rates:
AssistantClerks and Annual Salary
HeadBookkeeper
Minimum $32,222
Maximum 54,767
DeputyClerks AnnualSalary
Minimum $27,888
Maximum 42,596.
(c2) The clerk ofsuperior court may appoint assistant clerks, deputy clerks, and a headbookkeeper and set their salaries above the minimum rate established for thepositions by subsection (c1) of this section if, in the clerk's discretion, (i)the needs of the clerk's office would be best served by an appointment abovethe minimum rate, (ii) the appointee's skills and experience support the higherrate, and (iii) the Administrative Office of the Courts certifies that thereare sufficient funds available.
(d) Full‑timeassistant clerks, licensed to practice law in North Carolina, who are employedin the office of superior court clerk on and after July 1, 1984, and full‑timeassistant clerks possessing a masters degree in business administration, publicadministration, accounting, or other similar discipline from an accreditedcollege or university who are employed in the office of superior court clerk onand after July 1, 1997, are authorized an annual salary of not less than three‑fourthsof the maximum annual salary established for assistant clerks; the clerk ofsuperior court, with the approval of the Administrative Office of the Courts,may establish a higher annual salary but that salary shall not be higher thanthe maximum annual salary established for assistant clerks. Full‑timeassistant clerks, holding a law degree from an accredited law school, who areemployed in the office of superior court clerk on and after July 1, 1984, areauthorized an annual salary of not less than two‑thirds of the maximumannual salary established for assistant clerks; the clerk of superior court,with the approval of the Administrative Office of the Courts, may establish ahigher annual salary, but the entry‑level salary may not be more thanthree‑fourths of the maximum annual salary established for assistantclerks, and in no event may be higher than the maximum annual salaryestablished for assistant clerks. Except as provided by subsection (c2) of thissection, the entry‑level annual salary for all other assistant and deputyclerks employed on and after July 1, 1984, shall be at the minimum rates asherein established.
(e) A clerk of superiorcourt may apply to the Director of the Administrative Office of the Courts toenter into contracts with local governments for the provision by the State ofservices of assistant clerks, deputy clerks, and other employees in the officeof each clerk of superior court pursuant to G.S. 153A‑212.1 or G.S. 160A‑289.1.
(f) The Director ofthe Administrative Office of the Courts may provide assistance requestedpursuant to subsection (e) of this section only upon a showing by the seniorresident superior court judge, supported by facts, that the overwhelming publicinterest warrants the use of additional resources for the speedy disposition ofcases involving drug offenses, domestic violence, or other offenses involving athreat to public safety.
(g) The terms of anycontract entered into with local governments pursuant to subsection (e) of thissection shall be fixed by the Director of the Administrative Office of theCourts in each case. Nothing in this section shall be construed to obligate theGeneral Assembly to make any appropriation to implement the provisions of thissection or to obligate the Administrative Office of the Courts to provide theadministrative costs of establishing or maintaining the positions or servicesprovided for under this section. Further, nothing in this section shall beconstrued to obligate the Administrative Office of the Courts to maintainpositions or services initially provided for under this section. (1777, c. 115, s. 86; P.R.;R.C., c. 19, s. 15; Code, s. 75; 1899, c. 235, ss. 2, 3; Rev., ss. 898‑900;1921, c. 32, ss. 1‑3; C.S., ss. 934(a)‑934(c), 935‑937; 1951,c. 159, ss. 1, 2; 1959, c. 1297; 1963, c. 1187; 1965, c. 264; c. 310, s. 1;1971, c. 363, s. 2; 1973, c. 678; 1983 (Reg. Sess., 1984), c. 1034, ss. 88, 89;1985, c. 479, s. 212; c. 757, s. 190; 1985 (Reg. Sess., 1986), c. 1014, s. 35;1987, c. 738, s. 21(a); 1987 (Reg. Sess., 1988), c. 1086, s. 15; 1989, c. 445;c. 752, s. 32; 1991 (Reg. Sess., 1992), c. 900, ss. 42, 119; 1993, c. 321, ss.58, 59; 1993 (Reg. Sess., 1994), c. 769, ss. 7.11, 7.12; 1995, c. 507, s.7.6(a), (b); 1996, 2nd Ex. Sess., c. 18, s. 28.5; 1997‑443, ss. 33.12,33.10(b); 1998‑153, s. 8(b); 1999‑237, s. 28.5; 2000‑67, ss.15.4(b), 26.5; 2001‑424, s. 32.6; 2003‑284, s. 30.14B; 2004‑124,s. 31.6(b); 2005‑276, s. 29.6; 2006‑66, s. 22.6; 2007‑323, s.28.6; 2008‑107, s. 26.6.)
(a) The numbers andsalaries of assistant clerks, deputy clerks, and other employees in the officeof each clerk of superior court shall be determined by the Administrative Officerof the Courts after consultation with the clerk concerned. All personnel in theclerk's office are employees of the State. The clerk appoints the assistants,deputies, and other employees in the clerk's office to serve at his or herpleasure. Assistant and deputy clerks shall take the oath of office prescribedfor clerks of superior court, conformed to the office of assistant or deputyclerk, as the case may be. Except as provided by subsection (c2) of thissection, the job classifications and related salaries of each employee withinthe office of each superior court clerk shall be subject to the approval of theAdministrative Officer of the Courts after consultation with each clerkconcerned and shall be subject to the availability of funds appropriated forthat purpose by the General Assembly.
(b) An assistant clerkis authorized to perform all the duties and functions of the office of clerk ofsuperior court, and any act of an assistant clerk is entitled to the same faithand credit as that of the clerk. A deputy clerk is authorized to certify theexistence and correctness of any record in the clerk's office, to take theproofs and examinations of the witnesses touching the execution of a will asrequired by G.S. 31‑17, and to perform any other ministerial act whichthe clerk may be authorized and empowered to do, in his own name and withoutreciting the name of his principal. The clerk is responsible for the acts ofhis assistants and deputies. With the consent of the clerk of superior court ofeach county and the consent of the presiding judge in any proceeding, anassistant or deputy clerk is authorized to perform all the duties and functionsof the office of the clerk of superior court in another county in anyproceeding in the district or superior court that has been transferred to thatcounty from the county in which the assistant or deputy clerk is employed.
(c) Notwithstanding theprovisions of subsection (a), the Administrative Officer of the Courts shallestablish an incremental salary plan for assistant clerks and for deputy clerksbased on a series of salary steps corresponding to the steps contained in theSalary Plan for State Employees adopted by the Office of State Personnel,subject to a minimum and a maximum annual salary as set forth below. On andafter July 1, 1985, each assistant clerk and each deputy clerk shall beeligible for an annual step increase in his salary plan based on satisfactoryjob performance as determined by each clerk. Notwithstanding the foregoing, ifan assistant or deputy clerk's years of service in the office of superior courtclerk would warrant an annual salary greater than the salary first establishedunder this section, that assistant or deputy clerk shall be eligible on andafter July 1, 1984, for an annual step increase in his salary plan.Furthermore, on and after July 1, 1985, that assistant or deputy clerk shall beeligible for an increase of two steps in his salary plan, and shall remaineligible for a two‑step increase each year as recommended by each clerkuntil that assistant or deputy clerk's annual salary corresponds to his numberof years of service. Any person covered by this subsection who would notreceive a step increase in fiscal year 1995‑96 because that person is atthe top of the salary range as it existed for fiscal year 1994‑95 shallreceive a salary increase to the maximum annual salary provided by subsection(c1) of this section.
(c1) A full‑timeassistant clerk or a full‑time deputy clerk, and up to one full‑timedeputy clerk serving as head bookkeeper per county, shall be paid an annualsalary subject to the following minimum and maximum rates:
AssistantClerks and Annual Salary
HeadBookkeeper
Minimum $32,222
Maximum 54,767
DeputyClerks AnnualSalary
Minimum $27,888
Maximum 42,596.
(c2) The clerk ofsuperior court may appoint assistant clerks, deputy clerks, and a headbookkeeper and set their salaries above the minimum rate established for thepositions by subsection (c1) of this section if, in the clerk's discretion, (i)the needs of the clerk's office would be best served by an appointment abovethe minimum rate, (ii) the appointee's skills and experience support the higherrate, and (iii) the Administrative Office of the Courts certifies that thereare sufficient funds available.
(d) Full‑timeassistant clerks, licensed to practice law in North Carolina, who are employedin the office of superior court clerk on and after July 1, 1984, and full‑timeassistant clerks possessing a masters degree in business administration, publicadministration, accounting, or other similar discipline from an accreditedcollege or university who are employed in the office of superior court clerk onand after July 1, 1997, are authorized an annual salary of not less than three‑fourthsof the maximum annual salary established for assistant clerks; the clerk ofsuperior court, with the approval of the Administrative Office of the Courts,may establish a higher annual salary but that salary shall not be higher thanthe maximum annual salary established for assistant clerks. Full‑timeassistant clerks, holding a law degree from an accredited law school, who areemployed in the office of superior court clerk on and after July 1, 1984, areauthorized an annual salary of not less than two‑thirds of the maximumannual salary established for assistant clerks; the clerk of superior court,with the approval of the Administrative Office of the Courts, may establish ahigher annual salary, but the entry‑level salary may not be more thanthree‑fourths of the maximum annual salary established for assistantclerks, and in no event may be higher than the maximum annual salaryestablished for assistant clerks. Except as provided by subsection (c2) of thissection, the entry‑level annual salary for all other assistant and deputyclerks employed on and after July 1, 1984, shall be at the minimum rates asherein established.
(e) A clerk of superiorcourt may apply to the Director of the Administrative Office of the Courts toenter into contracts with local governments for the provision by the State ofservices of assistant clerks, deputy clerks, and other employees in the officeof each clerk of superior court pursuant to G.S. 153A‑212.1 or G.S. 160A‑289.1.
(f) The Director ofthe Administrative Office of the Courts may provide assistance requestedpursuant to subsection (e) of this section only upon a showing by the seniorresident superior court judge, supported by facts, that the overwhelming publicinterest warrants the use of additional resources for the speedy disposition ofcases involving drug offenses, domestic violence, or other offenses involving athreat to public safety.
(g) The terms of anycontract entered into with local governments pursuant to subsection (e) of thissection shall be fixed by the Director of the Administrative Office of theCourts in each case. Nothing in this section shall be construed to obligate theGeneral Assembly to make any appropriation to implement the provisions of thissection or to obligate the Administrative Office of the Courts to provide theadministrative costs of establishing or maintaining the positions or servicesprovided for under this section. Further, nothing in this section shall beconstrued to obligate the Administrative Office of the Courts to maintainpositions or services initially provided for under this section. (1777, c. 115, s. 86; P.R.;R.C., c. 19, s. 15; Code, s. 75; 1899, c. 235, ss. 2, 3; Rev., ss. 898‑900;1921, c. 32, ss. 1‑3; C.S., ss. 934(a)‑934(c), 935‑937; 1951,c. 159, ss. 1, 2; 1959, c. 1297; 1963, c. 1187; 1965, c. 264; c. 310, s. 1;1971, c. 363, s. 2; 1973, c. 678; 1983 (Reg. Sess., 1984), c. 1034, ss. 88, 89;1985, c. 479, s. 212; c. 757, s. 190; 1985 (Reg. Sess., 1986), c. 1014, s. 35;1987, c. 738, s. 21(a); 1987 (Reg. Sess., 1988), c. 1086, s. 15; 1989, c. 445;c. 752, s. 32; 1991 (Reg. Sess., 1992), c. 900, ss. 42, 119; 1993, c. 321, ss.58, 59; 1993 (Reg. Sess., 1994), c. 769, ss. 7.11, 7.12; 1995, c. 507, s.7.6(a), (b); 1996, 2nd Ex. Sess., c. 18, s. 28.5; 1997‑443, ss. 33.12,33.10(b); 1998‑153, s. 8(b); 1999‑237, s. 28.5; 2000‑67, ss.15.4(b), 26.5; 2001‑424, s. 32.6; 2003‑284, s. 30.14B; 2004‑124,s. 31.6(b); 2005‑276, s. 29.6; 2006‑66, s. 22.6; 2007‑323, s.28.6; 2008‑107, s. 26.6.)
