Hoke County Courthouse, Raeford, N.C. (Photo: NCCourts.gov)
North Carolina’s district attorneys are asking lawmakers to give them direct control over their budgets, staffing and technology, a move that would shift administrative authority away from the Administrative Office of the Courts and into prosecutors’ own governing body.
The proposal, presented Thursday to the Joint Legislative Oversight Committee on Justice and Public Safety, would allow the state’s 42 district attorneys to collectively control their own staffing, payroll, technology, and budget of roughly $180 million, which represents about 23% of the judicial branch’s total funding.
Seth Banks, a district attorney for five counties and president of the North Carolina Conference of District Attorneys, told lawmakers that prosecutors need greater autonomy to fulfill their duties. He said prosecutors should have more control over how they assign staff and which tools they choose to use to manage cases.
“Administrative uniformity does not always support justice,” he said, citing differences in caseloads between rural and urban districts. “We should be able to decide what technologies are needed to properly perform our duties and manage our staff and our caseloads.”
Banks argues the current centralized system can slow decisions and does not always align with the advocacy role of prosecutors.
“When responsibility for outcomes rests with elected district attorneys across this state, so should the ability to manage those resources,” he said.
The Administrative Office of the Courts oversees administrative operations for the state’s court system, including budgeting and technology. Most administrative functions for prosecutors are handled through the AOC, whose director is appointed by the chief justice.
Under the proposal, the Conference of District Attorneys — created by statute in 1983 — would take over budget authority and administrative support functions. Prosecutors said the conference would remain within the judicial branch but operate as an independent agency, similar to the state’s indigent defense services office.
During the presentation, Banks pointed to separate provisions in Article IV of the state constitution outlining district attorneys’ prosecutorial duties. He argued that administrative control should align with those constitutional responsibilities, rather than being centralized under the AOC.
In a statement to NC Newsline, the AOC said the state constitution assigns it responsibility for maintaining a “unified judicial system.” The office said that structure is intended to ensure consistent public service across the state.
“Structural changes in the General Court of Justice are complex and best addressed in accordance with the constitutional text to ensure the judicial system provides consistent public service in every county,” the statement said. “NCAOC remains focused on its constitutional role serving the statewide General Court of Justice and representing its interests to the General Assembly to promote the swift and impartial administration of justice.”
Lawmakers asked about oversight and governance if the change is approved.
Sen. Buck Newton (R-Wilson) said he was “a little bit undecided” and asked who would control spending decisions if district attorneys become administratively independent.
“Assume we separate you and you’re autonomous — who would be deciding where these resources would be allocated?” Newton asked.
Banks said an executive committee of district attorneys would supervise an executive director responsible for day-to-day operations of the conference as an agency.
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