§ 7A-171.1. Duty hours, salary, and travel expenses within county. - North Carolina Statutes

§ 7A‑171.1.  Duty hours,salary, and travel expenses within county.

(a)        The AdministrativeOfficer of the Courts, after consultation with the chief district judge andpursuant to the following provisions, shall set an annual salary for eachmagistrate.

(1)        A full‑timemagistrate shall be paid the annual salary indicated in the table set out inthis subdivision. A full‑time magistrate is a magistrate who is assignedto work an average of not less than 40 hours a week during the term of office.The Administrative Officer of the Courts shall designate whether a magistrateis full‑time. Initial appointment shall be at the entry rate. Amagistrate's salary shall increase to the next step every two years on theanniversary of the date the magistrate was originally appointed for increasesto Steps 1 through 3, and every four years on the anniversary of the date themagistrate was originally appointed for increases to Steps 4 through 6.

Table of Salaries of Full‑Time Magistrates

Step Level                                         AnnualSalary

Entry Rate                                                 $32,633

Step 1                                                         35,525

Step 2                                                         38,671

Step 3                                                         42,134

Step 4                                                         45,999

Step 5                                                         50,335

Step 6                                                         55,238.

(2)        A part‑timemagistrate is a magistrate who is assigned to work an average of less than 40hours of work a week during the term, except that no magistrate shall beassigned an average of less than 10 hours of work a week during the term. Apart‑time magistrate is included, in accordance with G.S. 7A‑170,under the provisions of G.S. 135‑1(10) and G.S. 135‑40.2(a). TheAdministrative Officer of the Courts designates whether a magistrate is a part‑timemagistrate. A part‑time magistrate shall receive an annual salary basedon the following formula: The average number of hours a week that a part‑timemagistrate is assigned work during the term shall be multiplied by the annualsalary payable to a full‑time magistrate who has the same number of yearsof service prior to the beginning of that term as does the part‑timemagistrate and the product of that multiplication shall be divided by thenumber 40. The quotient shall be the annual salary payable to that part‑timemagistrate.

(3)        Notwithstanding anyother provision of this subsection, a magistrate who is licensed to practicelaw in North Carolina or any other state shall receive the annual salaryprovided in the Table in subdivision (1) of this subsection for Step 4.

(a1)      Notwithstandingsubsection (a) of this section, the following salary provisions apply toindividuals who were serving as magistrates on June 30, 1994:

(1)        The salaries ofmagistrates who on June 30, 1994, were paid at a salary level of less than fiveyears of service under the table in effect that date shall be as follows:

Lessthan 1 year of service                                                 $26,528

1 ormore but less than 3 years of service                             27,695

3 ormore but less than 5 years of service                             30,044.

Uponcompletion of five years of service, those magistrates shall receive the salaryset as the Entry Rate in the table in subsection (a).

(2)        The salaries ofmagistrates who on June 30, 1994, were paid at a salary level of five or moreyears of service shall be based on the rates set out in subsection (a) asfollows:

SalaryLevel                                                                      SalaryLevel

onJune 30, 1994                                                               onJuly 1, 1994

5 ormore but less than 7 years of service                                  EntryRate

7 ormore but less than 9 years of service                                  Step 1

9 ormore but less than 11 years of service                                Step 2

11 ormore years of service                                                       Step3

Thereafter,their salaries shall be set in accordance with the provisions in subsection(a).

(3)        The salaries ofmagistrates who are licensed to practice law in North Carolina shall beadjusted to the annual salary provided in the table in subsection (a) as Step4, and, thereafter, their salaries shall be set in accordance with theprovisions in subsection (a).

(4)        The salaries of"part‑time magistrates" shall be set under the formula set outin subdivision (2) of subsection (a) but according to the rates set out in thissubsection.

(a2)      The AdministrativeOfficer of the Courts shall provide magistrates with longevity pay at the samerates as are provided by the State to its employees subject to the StatePersonnel Act.

(b)        NotwithstandingG.S. 138‑6, a magistrate may not be reimbursed by the State for travelexpenses incurred on official business within the county in which themagistrate resides.  (1977, c. 945, s. 5; 1979, c. 838, s. 84; c. 991; 1979, 2nd Sess., c.1137, s. 11; 1981, c. 914, s. 1; c. 1127, s. 11; 1983, c. 761, s. 199; c. 923,s. 217; 1983 (Reg. Sess., 1984), c. 1034, ss. 84, 211; 1985, c. 479, s. 210; c.698, ss. 13(a), (b) (14); 791, s. 39.1; 1985 (Reg. Sess., 1986), c. 1014, ss. 36,223(a); 1987, c. 564, s. 12; c. 738, ss. 22, 34; 1987 (Reg. Sess., 1988), c.1086, s. 16; 1989, c. 752, s. 33; 1991, c. 742, s. 14(a); 1991 (Reg. Sess.,1992), c. 900, ss. 41, 43; c. 1044, s. 9.1; 1993, c. 321, s. 60; 1993 (Reg.Sess., 1994), c. 769, s. 7.13(b), (c); 1995, c. 507, s. 7.7(a), (b); 1996, 2ndEx. Sess., c. 18, s. 28.6(a), (b); 1999‑237, s. 28.6(a), (b); 2000‑67,s. 26.6; 2001‑424, s. 32.7; 2004‑124, s. 31.7(b); 2005‑276,s. 29.7(a), (b); 2006‑66, s. 22.7(a), (b); 2007‑323, ss. 28.7(a),(b); 2008‑107, ss. 26.7(a), (b).)