North Carolina 2017-2018 Session Status: Enacted 1 R cosponsors

HB 239 — Reduce Court of Appeals to 12 Judges.

Last action — Veto Overridden

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 01, 2017. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    2 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

74 added · 72 removed

Plain-language change summary

The latest version of House Bill 239 includes updates to the presentation format, such as the addition of the General Assembly context and a clearer reference to the bill’s sponsoring details. It has removed some previous identification and classification information that was deemed unnecessary. These changes help streamline the document, making it easier to read and understand for those who track legislative proposals. This clarity is important for transparency and public engagement with the legislative process.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 239 Committee Substitute Favorable 3/8/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 239 Short Title:
Representatives Burr, Lewis, and Stevens (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 6, 2017 A BILL TO BE ENTITLED AN ACT TO REDUCE THE NUMBER OF JUDGES ON THE COURT OF APPEALS TO TWELVE;
Judiciary IV March 6, 2017 A BILL TO BE ENTITLED AN ACT TO REDUCE THE NUMBER OF JUDGES ON THE COURT OF APPEALS TO TWELVE;
TO PROVIDE AN APPEAL OF RIGHT FOR TRIAL COURT DECISIONS REGARDING CLASS ACTION CERTIFICATION;
TO PROVIDE AN APPEAL OF RIGHT FOR CASES PURSUANT TO RULES 2.1 AND 3.1 OF THE GENERAL RULES OF PRACTICE;
*H239-v-2* General Assembly Of North Carolina Session 2017 On or after December 15, 2000, the Governor shall appoint three additional judges to increase the number of judges to 15.
*H239-v-1* General Assembly Of North Carolina Session 2017 On or after December 15, 2000, the Governor shall appoint three additional judges to increase the number of judges to 15.
7A-45.4 or designated as a discretionary complex business case pursuant to Rule 2.1 of the General Rules of Practice for the Superior and District Courts.
7A-45.4 or designated as a discretionary complex business case pursuant to Rule 2.1 of the General Rules of Practice for the Superior and District Courts.Courts or a case involving the resolution of conflicts pursuant to Rule 3.1 of the General Rules of Practice for the Superior and District Courts.
c.
Page 2 House Bill 239-First Edition General Assembly Of North Carolina Session 2017 c.
Page 2 House Bill 239-Second Edition General Assembly Of North Carolina Session 2017 e.
e.
(b) In causes subject to certification under subsection (a) of this section, certification may be made by the Supreme Court before determination of the cause by the Court of Appeals when in the opinion of the Supreme Court:Court any of the following apply:
(b) In causes subject to certification under subsection (a) of this section, certification may be made by the Supreme Court before determination of the cause by the Court of Appeals when in the opinion of the Supreme Court:
(1) The subject matter of the appeal has significant public interest, orinterest.
(1) The subject matter of the appeal has significant public interest, or (2) The cause involves legal principles of major significance to the jurisprudence of the State, or (3) Delay in final adjudication is likely to result from failure to certify and thereby cause substantial harm, or (4) The work load of the courts of the appellate division is such that the expeditious administration of justice requires certification.certification, or (5) The subject matter of the appeal is important in overseeing the jurisdiction and integrity of the court system.
(2) The cause involves legal principles of major significance to the jurisprudence of the State, orState.
(c) In causes subject to certification under subsection (a) of this section, certification may be made by the Supreme Court after determination of the cause by the Court of Appeals when in the opinion of the Supreme Court:
(3) Delay in final adjudication is likely to result from failure to certify and thereby cause substantial harm, orharm.
(1) The subject matter of the appeal has significant public interest, or (2) The cause involves legal principles of major significance to the jurisprudence of the State, or (3) The decision of the Court of Appeals appears likely to be in conflict with a decision of the Supreme Court.
(4) The work load of the courts of the appellate division is such that the expeditious administration of justice requires certification.
(5) The subject matter of the appeal is important in overseeing the jurisdiction and integrity of the court system.
(c) In causes subject to certification under subsection (a) of this section, certification may be made by the Supreme Court after determination of the cause by the Court of Appeals when in the opinion of the Supreme Court:Court any of the following apply:
(1) The subject matter of the appeal has significant public interest, orinterest.
(2) The cause involves legal principles of major significance to the jurisprudence of the State, orState.
(3) The decision of the Court of Appeals appears likely to be in conflict with a decision of the Supreme Court.
House Bill 239-Second Edition Page 3
House Bill 239-First Edition Page 3
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View plain text versions (6)

Action History

  1. Veto Overridden

  2. Veto Received from House

  3. Placed on Today's Supplemental Calendar

  4. Veto Overridden

  5. Ch. SL 2017-7

  6. Vetoed 04/20/2017

  7. Received from the Governor

  8. Placed On Cal For 04/26/2017

  9. Passed 3rd Reading

  10. Special Message Sent To House

  11. Special Message Received For Concurrence in S Com Sub

  12. Cal Pursuant Rule 36(b)

  13. Added to Calendar

  14. Concurred In S/Com Sub

  15. Ordered Enrolled

  16. Ratified

  17. Pres. To Gov. 4/11/2017

  18. Passed 2nd Reading

  19. Reptd Fav

  20. Reptd Fav Com Substitute

  21. Com Substitute Adopted

  22. Re-ref Com On Rules and Operations of the Senate

  23. Withdrawn From Com

  24. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  25. Special Message Received From House

  26. Passed 1st Reading

  27. Ref To Com On Rules and Operations of the Senate

  28. Passed 2nd Reading

  29. Passed 3rd Reading

  30. Special Message Sent To Senate

  31. Reptd Fav Com Substitute

  32. Cal Pursuant Rule 36(b)

  33. Placed On Cal For 03/09/2017

  34. Passed 1st Reading

  35. Ref To Com On Judiciary IV

  36. Filed

Sponsors

  • Presnell · Cosponsor
  • Lewis · Primary
  • Cleveland · Cosponsor
  • Burr · Primary
  • Bert Jones · Cosponsor
  • Sarah Stevens · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 4 co-sponsors · 173 not signed on · 23 voted No

Sponsors (2)

  • Lewis
  • Burr

Co-sponsors (4)

Not signed on (173)

173 members have not signed on to this bill.

Show all 173 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Veto Override

Passed 73 Yea · 44 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 452802
Republican 27100
Democratic 11400
U 0100
Total 734402
% of votes cast 61%37%0%2%
How each member voted (119)
Member Party Vote
Michaux — Nay
Millis — Yea
Presnell — Yea
Steinburg — Yea
Szoka — Yea
Wray — Nay
Yarborough — Yea
Beasley — Nay
Boles — Yea
Boswell — Yea
Burr — Yea
Conrad — Yea
Dobson — Yea
Dulin — Yea
Faircloth — Yea
Fisher — Nay
Floyd — Nay
Fraley — Yea
Garrison — Nay
Gill — Nay
Hurley — Yea
J.Bell — Yea
Brawley — Yea
BrendenJones — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
S.Martin — Yea
T.Moore(Speaker) — Yea
Bradford — Yea
Bumgardner — Yea
Cleveland — Yea
Collins — Yea
Dollar — Yea
Elmore — Yea
Grange — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Jordan — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Rogers — Yea
Saine — Yea
Stone — Yea
R.Turner — Yea
G.Adcock — Nay
L.Bell — Nay
DuaneHall — Nay
C.Graham — Nay
G.Graham — Nay
Jackson — Nay
G.Martin — Nay
B.Richardson — Nay
W.Richardson — Nay
B.Turner — Nay
R.Moore — Not Voting
BertJones — Not Voting
Autry — Nay
Black — Nay
Earle — Nay
Farmer-Butterfield — Nay
Goodman — Nay
Hanes — Nay
Holley — Nay
Hunter — Nay
Insko — Nay
Lucas — Nay
Speciale — Yea
Terry — Nay
Williams — Yea
Amos L. Quick, III Democratic Nay
Becky Carney Democratic Nay
Cecil Brockman Democratic Nay
Cynthia Ball Democratic Nay
Dante Pittman Democratic Yea
Deb Butler Democratic Nay
Eric Ager Democratic Nay
Garland E. Pierce Democratic Nay
Graig Meyer Democratic Nay
Joe John Democratic Nay
Marcia Morey Democratic Nay
Mary Belk Democratic Nay
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Nay
Shelly Willingham Democratic Nay
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Nay
William D. Brisson Republican Yea
Carla D. Cunningham U Nay

Official roll call →

Motion 11 Veto Override

Passed 34 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1600
Republican 9100
Unaffiliated 24801
Total 341501
% of votes cast 68%30%0%2%
How each member voted (50)
Member Party Vote
McKissick — Nay
Tillman — Yea
Woodard — Nay
Ballard — Yea
Barefoot — Yea
Brock — Yea
Bryant — Nay
Foushee — Nay
Barringer — Yea
Bishop — Yea
Brown — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
D.Davis — Nay
J.Jackson — Nay
Smith — Nay
VanDuyn — Nay
J.Davis — Not Voting
Curtis — Yea
Dunn — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Krawiec — Yea
Meredith — Yea
Pate — Yea
Rabin — Yea
Randleman — Yea
Tarte — Yea
Wade — Yea
Wells — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Nay
Gladys A. Robinson Democratic Nay
Jay J. Chaudhuri Democratic Nay
Joyce Waddell Democratic Nay
Paul A. Lowe, Jr. Democratic Nay
Tracy Clark Democratic Nay
Bill Rabon Republican Yea
Carl Ford Republican Nay
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

public-safety civil-rights elections
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Frequently asked questions

Who sponsors HB 239?
HB 239 is sponsored by Presnell, Lewis, Cleveland, Burr, Bert Jones, and Sarah Stevens (Republican).
What is the current status of HB 239?
This bill has been enacted into law. Introduced March 01, 2017. Enacted.
Where can I track HB 239?
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Last checked for changes 3 months ago · updated continuously

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