SB 648 — Winter Sports Safety and Accidents.

(3) Incompetency, guardianship, or estate proceedings in which a mediated agreement is presented to the clerk;

(4) Disciplinary hearings before the State Bar or the Dispute Resolution Commission;

or (5) Proceedings for abuse, neglect, or dependency of a juvenile, or for abuse, neglect, or exploitation of an adult, for which there is a duty to report under G.S.

7B-301 and Article 6 of Chapter 108A of the General Statutes, respectively.juvenileunderChapter7BoftheGeneralStatutes,orproceedings for abuse, neglect, or exploitation of an adult under Articles 6 and 6A of Chapter 108A of the General Statutes.

No evidence otherwise discoverable shall be inadmissible merely because it is presented or discussed in mediation.

As used in this section, the term "neutral observer" includes persons seeking mediator certification, persons studying dispute resolution processes, and persons acting as interpreters.

(h) Testimony.

– No mediator or neutral observer shall be compelled to testifyor produce evidence concerning statements made and conduct occurring in anticipation of, during, or as a follow-up to the mediation in any civil proceeding for any purpose, including proceedings to enforce or rescind a settlement of the matter except to attest to the signing of any agreements reached in mediation, and except in:

(1) Proceedings for sanctions pursuant to this section;

Page 12 Senate Bill 648-Second Edition General Assembly Of North Carolina Session 2025 (2) Disciplinary hearings before the State Bar or the Dispute Resolution Commission;

or (3) Proceedings for abuse, neglect, or dependency of a juvenile, or for abuse, neglect, or exploitation of an adult, for which there is a duty to report under G.S.

7B-301 and Article 6 of Chapter 108A of the General Statutes, respectively.juvenile under Chapter 7B of the General Statutes, or in proceedings for abuse, neglect, or exploitation of an adult under Articles 6 and 6A of Chapter 108A of the General Statutes.

Nothing in this subsection shall be construed as permitting an individual to obtain immunity from prosecution for criminal conduct or as excusing an individual from reporting requirements of the General Statutes, including Article 3 of Chapter 7B, Article 39 of Chapter 14, G.S.

108A-102, or G.S.

110-105.4.

…." SECTION 11.1.(c) G.S.

7A-38.3D(k) reads as rewritten:

"(k) Testimony.

– No mediator or neutral observer present at the mediation shall be compelled to testify or produce evidence concerning statements made and conduct occurring in or related to a mediation conducted under this section in any proceeding in the same action for any purpose, except in:

(1) Proceedings for abuse, neglect, or dependency of a juvenile, or for abuse, neglect, or exploitation of an adult, for which there is a duty to report under G.S.

7B-301 and Article 6 of Chapter 108A of the General Statutes, respectively.juvenile under Chapter 7B of the General Statutes, or in proceedings for abuse, neglect, or exploitation of an adult under Articles 6 and 6A of Chapter 108A of the General Statutes.

(2) Disciplinary hearings before the State Bar or the Dispute Resolution Commission.

(3) Proceedings in which the mediator acts as a witness pursuant to subsection (j) of this section.

(4) Trials of a felony, during which a presiding judge may compel the disclosure of any evidence arising out of the mediation, excluding a statement made by the defendant in the action under mediation, if it is to be introduced in the trial or disposition of the felony and the judge determines that the introduction of the evidence is necessary to the proper administration of justice and the evidence cannot be obtained from any other source.

Nothing in this subsection shall be construed as permitting an individual to obtain immunity from prosecution for criminal conduct or as excusing an individual from reporting requirements of the General Statutes, including Article 3 of Chapter 7B, Article 39 of Chapter 14, G.S.

108A-102, or G.S.

110-105.4." SECTION 11.1.(d) G.S.

7A-38.4A(j) reads as rewritten:

"(j) Evidence of statements made and conduct occurring in a mediated settlement conference or other settlement proceeding conducted under this section, whether attributable to a party, the mediator, other neutral, or a neutral observer present at the settlement proceeding, shall not besubject to discoveryandshall beinadmissiblein anyproceedingin the actionor other civil actions on the same claim, except:

(1) In proceedings for sanctions under this section;

(2) In proceedings to enforce or rescind a settlement of the action;

(3) In disciplinary proceedings before the State Bar or the Dispute Resolution Commission;

or (4) In proceedings to enforce laws concerning juvenile or elder abuse.for abuse, neglect, ordependencyof ajuvenileunderChapter 7Bofthe General Statutes, Senate Bill 648-Second Edition Page 13 General Assembly Of North Carolina Session 2025 or proceedings for abuse, neglect, or exploitation of an adult under Articles 6 and 6A of Chapter 108A of the General Statutes.

As used in this subsection, the term "neutral observer" includes persons seeking mediator certification, persons studying dispute resolution processes, and persons acting as interpreters.

No settlement agreement to resolve any or all issues reached at the proceeding conducted under this section or during its recesses shall be enforceable unless it has been reduced to writing and signed by the parties against whom enforcement is sought and in all other respects complies with the requirements of Chapter 50 of the General Statutes.

No evidence otherwise discoverable shall be inadmissible merely because it is presented or discussed in a settlement proceeding.

No mediator, other neutral, or neutral observer present at a settlement proceeding under this section, shall be compelled to testify or produce evidence concerning statements made and conduct occurring in anticipation of, during, or as a follow-up to a mediated settlement conference or other settlement proceeding pursuant to this section in any civil proceeding for any purpose, including proceedings to enforce or rescind a settlement of the action, except to attest to the signing of any agreements, and except proceedings for sanctions under this section, disciplinary hearings before the State Bar or the Dispute Resolution Commission, and proceedings to enforce laws concerningjuvenile or elder abuse.for abuse, neglect, or dependency of a juvenile under Chapter 7B of the General Statutes, or proceedings for abuse, neglect, or exploitation of an adult under Articles 6 and 6A of Chapter 108A of the General Statutes.

Nothing in this subsection shall be construed as permitting an individual to obtain immunity from prosecution for criminal conduct or as excusing an individual from reporting requirements of the General Statutes, including Article 3 of Chapter 7B, Article 39 of Chapter 14, G.S.

108A-102, or G.S.

110-105.4." MODIFY RULE OF CIVIL PROCEDURE 63 SECTION 11.2.

G.S.

1A-1, Rule 63, reads as rewritten:

"Rule 63.

Disability of a judge.

If by reason of death, sickness or other disability, resignation, retirement, expiration of term, removal from office, or other reason, a judge before whom an action has been tried or a hearing has been held is unable to perform the duties to be performed by the court under these rules after averdict is returned or atrial orhearingis otherwiseconcluded, thenthose duties, including entry of judgment, may be performed:

(1) In actions in the superior court by the judge senior in point of continuous service on the superior court regularlyholding the courts of the district.

senior resident superior court judge for the district.

If this judge is under a disability, then the resident judge of the district senior in point of service on the superior court may perform those duties.

If a resident judge, while holding court in the judge's own district suffers disability and there is no other resident judge of the district, such duties may be performed by a judge of the superior court designated by the Chief Justice of the Supreme Court.

…." MODIFY SPECIAL REGISTRATION PLATES FOR SUPERIOR COURT JUDGES SECTION 11.3.

G.S.

20-79.6(b) reads as rewritten:

"(b) Superior Court.

– A special plate issued to a senior resident superior court judge shall bear the letter "J" followed by a number indicative of the judicial district or set of districts the judge serves.

The number issued to the senior resident superior court judge shall be the numerical designation ofthejudge's judicial district, serves, as defined in G.S.

7A-41.1(a)(1).Specialplates issued to senior resident superior court judges serving districts 7A, 7B, 8A, 8BC, 9A, 9B, 15A, 15B, 43A, and 43B shall also include the letter associated with the district's number, as defined in G.S.

7A-41.1(a)(1).

Page 14 Senate Bill 648-Second Edition General Assembly Of North Carolina Session 2025 If a district has more than one regular resident superior court judge, a special plate for a resident superior court judge of that district shall bear the number issued to the senior resident superior court judge A special plate issued to a regular resident superior court judge shall bear the letter "J" followed by the same alphanumeric designation as the special plate issued to the senior resident superior court judge in the district or set of districts in which the judge serves followed by a hyphen and a letter of the alphabet beginning with the letter "A" to indicate the judge's seniority.

For any grouping of districts having the same numerical designation, other than districts where there are two or more resident superior court judges, the number issued to the senior resident superior court judge shall be the number the districts in the set have in common.

A special plate issued to the other regular resident superior court judges of the set of districts shall bear the number issued to the senior resident superior court judge followed by a hyphen and a letter of the alphabet beginning with the letter "A" to indicate the judge's seniority among all of the regular resident superior court judges of the set of districts.

The letter assigned to a resident superior court judge will not necessarily correspond with the letter designation of the district the judge serves.

Where there are two or more regular resident superior court judges for the district or set of districts, the registration plate with the letter "A" shall be issued to the judge who, from among all the regular resident superior court judges of the district or set of districts, has the most continuous service as a regular resident superior court judge;

provided if two or more judges are of equal service, the oldest of those judges shall receive the next letter registration plate.

Thereafter, registration plates shall be issued based on seniority within the district or set of districts.

A special judge, emergency judge, or retired judge of the superior court shall be issued a special plate bearing the letter "J" followed by a number designated by the Administrative Office of the Courts with the approval of the Chief Justice of the Supreme Court of North Carolina.

The plate for a retired judge shall have the letter "X" after the designated number to indicate the judge's retired status." MODIFY LAW GOVERNING ELECTRONIC SIGNATURES OF COURT DOCUMENTS SECTION 11.4.

Notwithstanding any provision of law or rule to the contrary, the chief district court judge and the senior resident superior court judge of their respective districts may establish rules to allow for the court's manual signature of orders, judgments, decrees, or other documents to be filed by the court if one or more of the parties to a proceeding requests the court's manual signature.

Any rule implemented pursuant to this section shall not require the court's manual signature of any order, judgment, decree, or other document to be filed by the court unless one or more of the parties to a proceeding requests the court's manual signature.

Where manual signatures are permitted, the party obtaining the court's manual signature shall bear sole responsibility for filing the executed document with the clerk through eFile and Serve.

This section does not applyto criminal judgments.

For purposes of this section, the term "manual signature" means the act of physically signing a paper document with a pen, pencil, or other writing utensil.

MODIFYDISCIPLINARYJURISDICTION OFTHE NORTH CAROLINASTATE BAR SECTION 11.5.

G.S.

84-28 reads as rewritten:

"§ 84-28.

Discipline and disbarment.

(a) Any attorney admitted to practice law in this State State, any attorney admitted for limited practice under G.S.

84-4.1, or any attorney not admitted to practice law in this State who rendersoroffersto renderanylegalservicesin this State, issubjecttothedisciplinaryjurisdiction Senate Bill 648-Second Edition Page 15 General Assembly Of North Carolina Session 2025 of the Council under such rules and procedures as the Council shall adopt as provided in G.S.

84-23.

… (b) The following acts or omissions by a member of the North Carolina State Bar or any attorney admitted for limited practice under G.S.

84-4.1, any attorney subject to the disciplinary jurisdiction of the Council as provided in subsection (a) of this section, individuallyor in concert with any other person or persons, shall constitute misconduct and shall be grounds for discipline whether the act or omission occurred in the course of an attorney-client relationship or otherwise:

(1) Conviction of, or a tender and acceptance of a plea of guilty or no contest to, a criminal offense showing professional unfitness;

(2) The violation of the Rules of Professional Conduct adopted and promulgated by the Council in effect at the time of the act;

(3) Knowing misrepresentation of any facts or circumstances surrounding any complaint, allegation or charge of misconduct;

failure to answer any formal inquiry or complaint issued by or in the name of the North Carolina State Bar in anydisciplinarymatter;

or contempt of the Council or anycommittee of the North Carolina State Bar.

… (d) Any attorney admitted to practice law in this State, subject to the disciplinary jurisdiction of the Council as provided in subsection (a) of this section, who is convicted of or has tendered and has had accepted, a plea of guilty or no contest to, a criminal offense showing professional unfitness, may be disciplined based upon the conviction, without awaiting the outcome of any appeals of the conviction.

An order of discipline based solely upon a conviction of a criminal offense showing professional unfitness shall be vacated immediately upon receipt by the Secretary of the North Carolina State Bar of a certified copy of a judgment or order reversing the conviction.

The fact that the attorney's criminal conviction has been overturned on appeal shall not prevent the North Carolina State Bar from conducting a disciplinary proceeding against the attorney based upon the same underlying facts or events that were the subject of the criminal proceeding.

… (e) Any attorney admitted to practice law in this State subject to the disciplinary jurisdiction of the Council as provided in subsection (a) of this section who is disciplined in another jurisdiction shall be subject to the same discipline in this State:

Provided, that the discipline imposed in the other jurisdiction does not exceed that provided for in subsection (c) above and that the attorney was not deprived of due process in the other jurisdiction.

(f) Upon application by the North Carolina State Bar, misconduct by an attorney admitted to practice in this State subject to thedisciplinaryjurisdiction of the Council as provided in subsection (a) of this section may be restrained or enjoined where the necessity for prompt action exists regardless of whether a disciplinary proceeding in the matter of the conduct is pending.

The application shall be filed in the Superior Court of Wake County and shall be governed by the procedure set forth in G.S.

1A-1, Rule 65.

…." PRESCRIBE RULES GOVERNING TRAINING AND EDUCATIONAL MATERIAL PROVIDED TO JURORS SECTION 11.6.(a) Chapter 9 of the General Statutes is amended by adding a new Article to read:

"Article 6.

"Education and Training of Jurors.

"§ 9-33.

Training and educational material provided to jurors.

Page 16 Senate Bill 648-Second Edition General Assembly Of North Carolina Session 2025 The Administrative Office of the Courts shall prescribe rules governing any training or educational material provided at any time to any jurors, including jurors under this Chapter and grand jurors under Chapter 15A of the General Statutes, to try any cause.

The court shall not provide jurors with any training or educational material that is not otherwise allowed under rules prescribed by the Administrative Office of the Courts." SECTION 11.6.(b) The Administrative Office of the Courts shall adopt rules consistent with the provisions of this section.

The Administrative Office of the Courts may use the procedure set forth in G.S.

150B-21.1 to adopt any rules as required under this section.

SECTION 11.6.(c) This section becomes effective December 1, 2025, and applies to training or educational material provided on or after that date.

MODIFY LAW REGARDING REPORTING OF TRIALS SECTION 11.7.

G.S.

7A-95(c) reads as rewritten:

"(c) If an electronic or other mechanical device is utilized, utilized by the clerk pursuant to subsection (a) of this section, it shall be the duty of the clerk of the superior court or some person designated bythe clerk to operate the device while a trial is in progress, and the clerk shall thereafter preserve the record thus produced, which may be transcribed, as required, by any person designated by the Administrative Office of the Courts.

If stenotype, shorthand, or stenomask or digital recording equipment is used, the original tapes, notes, discs or other records are the property of the State, and the clerk shall keep them in his custody.shall be kept in the custody of the clerk.

Except for the original stenomask audio files and audio files of digital recording technicians, audio recordings created by court reporters are not public records as defined by G.S.

132-1 and shall be disclosed to the parties and public only to the extent allowed by an order of a court of competent jurisdiction for good cause shown after notice to all parties." INCLUDE REFERENCE TO RETIREMENT IN PROVISIONS REGARDING JUDICIAL SETTLEMENTS SECTION 12.(a) G.S.

Senate Bill 648-First Edition Page 11 General Assembly Of North Carolina Session 2025 MODIFY PROVISIONS REGARDING NORTHTHE CAROLINASUSPENSION, BUSINESSREMOVAL, COURTSOR ANDREINSTATEMENT BUSINESSOF COURTCLERKS JUDGES SECTION 13.(a) G.S.

7A-105 reads as rewritten:

"§ 7A-105.

Suspension, removal, and reinstatement of clerk.

(a) A clerk of superior court may be suspended or removed from office for willful misconduct or mental or physical incapacity, and reinstated, under the same procedures as are applicable to a superior court district attorney, except that the procedure shall be initiated by the filing of a sworn affidavit with the chief district judge of the district in which the clerk resides, and the hearing shall be conducted bythe senior regular resident superior court judge serving the county of the clerk's residence.

If suspension is ordered, the judge shall appoint some qualified person to act as clerk during the period of the suspension.incapacitybythe senior regular resident superior court judge serving the county where the clerk resides.

(b) A proceeding to suspend or remove a clerk of superior court is commenced by filing with the chief district court judge of the district in which the clerk resides a sworn affidavit charging the clerk of superior court with one or more grounds for removal.

The clerk shall collect superior court costs set forth in G.S.

7A-305.

No summons shall be issued.

(c) The chief district court judge shall immediately provide notice of the filing to the senior regular resident superior court judge for the district or set of districts as defined in G.S.

7A-41.1(a) in which the county is located.

Within 10 days of payment of the costs required under subsection (b) of this section, the senior regular resident superior court judge shall review the sworn affidavit and determine, without a hearing, whether the charges, if true, constitute grounds for removal and whether there is probable cause for believing that the charges are true.

If the judge finds either that the charges, if true, do not constitute grounds for removal or finds that no probable cause exists for believing that the charges are true, the judge shall dismiss the proceeding.

Otherwise, the judge shall make written findings detailing which charges would constitute grounds for removal and the probable cause for believing that those charges are true.

The judge also may enter an order suspending the clerk of superior court from performing the duties of the office until a final determination of the charges on the merits.

The salaryof the clerk of superior court continues during any such suspension.

The sworn affidavit, written findings, and order of suspension, if any, shall be served on the clerk of superior court in the manner provided for service of a complaint under Rule 4(j) of the Rules of Civil Procedure within 10 days of the entry of written findings.

(d) If the proceeding is not dismissed, the senior regular resident superior court judge shall set a hearing upon the charges found to be supported by probable cause under subsection (c) of this section for not less than 10 days nor more than 30 days after service of the affidavit and written findings on the clerk, unless continued for good cause shown.

In the hearing, the court shall hear evidence and make findings of fact and conclusions of law resolving the charges.

The hearing shall be recorded and open to the public.

If the court concludes that grounds for removal exist, the superior court judge shall enter an order permanently removing the clerk of superior court from office and terminating the clerk's salary.

If the court finds that no grounds exist, any pending suspension of the clerk shall end immediately.

(e) The clerk of superior court may appeal from an order of removal to the Court of Appeals on the basis of error of law by the presiding judge.

Pending decision of the case on appeal, the clerk of superior court shall not perform any of the duties of the office.

If, upon final determination, the clerk of superior court is ordered reinstated either by the appellate division or bythesuperiorcourtupon remand,theclerk's salaryshall berestoredfrom thedateoftheoriginal order of removal.

(f) If the clerk of superior court is prohibited from performing the duties of the office under this section prior to resolution due either to an order of suspension or an appeal of an order of removal, the judge shall appoint some qualified person to act as a clerk until final resolution.

Page 12 Senate Bill 648-First Edition General Assembly Of North Carolina Session 2025 (g) Thesworn affidavit andotherfilings relatedto the proceedings are confidentialunless the senior regular resident superior court judge makes written findings detailing that some or all ofthecharges would constitutegrounds forremoval and that there is probablecause forbelieving that some or all of the charges are true.

(h) If criminal charges are filed against the clerk that relate to factual allegations in a pending sworn affidavit for removal and a judge has found grounds for removal and probable cause to support those allegations pursuant to subsection (c) of this section, the presiding judge may stay the removal proceeding until the criminal case is resolved.

A stay may be granted at any time in the proceeding following the probable cause determination." SECTION 13.(b) This section is effective when it becomes law and applies to proceedings based upon clerk conduct occurring on or after that date.

MODIFY PROVISIONS REGARDING NORTH CAROLINA BUSINESS COURTS AND BUSINESS COURT JUDGES SECTION 14.(a) G.S.

If there is more than one business Senate Bill 648-Second Edition Page 17 General Assembly Of North Carolina Session 2025 court judge, including any judge serving as a senior business court judge pursuant to G.S.

1A-1, Rule 12, 56, 59, or 60, or any order finally disposing of a complex business case, other than an order effecting a settlement agreement or jury verdict." SECTION 13.(b)14.(b) G.S.

… Senate Bill 648-First Edition Page 13 General Assembly Of North Carolina Session 2025 (d) The Notice of Designation shall be filed:

…." SECTION 13.(c)14.(c) G.S.

The information may not be released by the Page 18 Senate Bill 648-Second Edition General Assembly Of North Carolina Session 2025 Commission until the earlier of (i) the 30-day period for filing of an appeal has expired without filing of an appeal or (ii) a final judicial determination has been made in an action brought to appeal a decision of the Commission.

…." SECTION 13.(d)14.(d) This section becomes effective December 1, 2025, and applies to judges designated and proceedings held on or after that date.

9 GRANT THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS THE AUTHORITY TO CREATE AN OFFICIAL FLAG, SEAL, AND OTHER EMBLEMS OF THE JUDICIAL BRANCH SECTION 14.15.

…." CLARIFY THE AUTHORITY OF THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS TO SET THE NUMBER OF MAGISTRATES WITHIN A COUNTY ABOVE THE MINIMUM REQUIRED FOR THAT COUNTY SECTION 15.16.

The number of magistrates Page 14 Senate Bill 648-First Edition General Assembly Of North Carolina Session 2025 appointed in a county, above the minimum quota set by the General Assembly, is determined by the Administrative Office of the Courts after consultation with the chief district court judge for the district in which the county is located." 5 MODIFY CERTAIN REQUIREMENTS FOR THE DISBURSEMENT OF EXPENSES TO PERSONNEL OF THE JUDICIAL DEPARTMENT SECTION 16.17.

The salaries and expenses of all personnel in the Judicial Department and other operating expenses shall be paid out of the State treasury upon warrants duly drawn thereon, except that the Administrative Office of the Courts and the Department of Administration, with the approval oftheStateAuditor, Administration mayestablishalternativeprocedures for theprompt payment of juror fees, witness fees, and other small expense items.items, including the provision of debit cards to payees." SEVERABILITY CLAUSE AND EFFECTIVE DATE SECTION 17.(a)18.(a) If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any portion other than the portion declared to be unconstitutional or invalid.

SECTION17.(b)SECTION18.(b) Except as otherwise provided,this act is effective when it becomes law.

Senate Bill 648-Second648-First Edition Page 1915