A new bill filed by State Rep. Brian Biggs seeks to revise how district attorney vacancies are filled, aiming to streamline appointments based on political party recommendations or legislative input, according to the North Carolina State House.
The bill, filed as HB 478 on March 20 during the 2025 regular session, was formally listed with the short title: ‘Modify Appointment Process for DA Vacancies.’
The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.
In essence, this bill modifies the process for appointing district attorneys in North Carolina when vacancies arise. It stipulates that the governor will appoint a replacement from a list of up to three qualified candidates recommended by the district executive committee of the vacating attorney’s political party. If the vacating district attorney was unaffiliated, recommendations will come from a majority of the General Assembly members representing the district. If no recommendations are made within 30 days, the governor may appoint a qualified person independently. An appointee will serve until the next General Assembly election occurring more than 60 days after the vacancy, with special provisions if the term ends on January 1 following such election. The act takes effect immediately upon becoming law and applies to all appointments thereafter.
Of the four sponsors of this bill, Kyle Hall and Biggs proposed the most bills (20) during the 2025 regular session.
Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.
You can read more about the bills and other measures here.
Biggs, a Republican, was elected to the North Carolina State House in 2023 to represent the state’s 70th House district, replacing previous state representative Patricia Hurley.
| Authors | Bill Number | Date Filed | Title |
|---|---|---|---|
| Brian Biggs, Jennifer Balkcom, Kyle Hall, and Sarah Stevens | HB 478 | 03/20/2025 | Modify Appointment Process for DA Vacancies. |
| Brian Biggs, Brian Echevarria, Cody Huneycutt, and Keith Kidwell | HB 470 | 03/20/2025 | The Second Amendment Protection Act. |
| Brian Biggs, Laura Budd, and Ray Pickett | HB 475 | 03/20/2025 | State ID Cards for High School Students. |
| Brian Biggs, Laura Budd, Sarah Stevens, and Ya Liu | HB 431 | 03/18/2025 | Preventing Deed Fraud. |
| Brian Biggs, Neal Jackson, Steve Tyson, and Wyatt Gable | HB 411 | 03/17/2025 | Reduce Early Voting Period for Primaries. |
| Brian Biggs, David Willis, Ray Pickett, and Tricia Ann Cotham | HB 414 | 03/17/2025 | 1-to-1 Credit for Career and College Promise. |
| Brian Biggs, David Willis, and Heather H. Rhyne | HB 415 | 03/17/2025 | Modify Math & Social Studies Grad. Req. |
| Brian Biggs, Bill Ward, Jennifer Balkcom, and Neal Jackson | HB 261 | 03/03/2025 | Sent. Enhancement/Immigration-Related Crimes. |
| Brian Biggs, Brenden H. Jones, Brian Echevarria, and Neal Jackson | HB 244 | 02/27/2025 | Depoliticize Government Property Act. |
| Brian Biggs, Charles Smith, and Jarrod Lowery | HB 217 | 02/25/2025 | Driver Educ./18 Yrs & Older & Unlicensed. |
| Brian Biggs, Jennifer Balkcom, John R. Bell, IV, and Neal Jackson | HB 186 | 02/24/2025 | The Stars and Stripes Commitment Act. |
| Brian Biggs | HB 161 | 02/21/2025 | Restore Down-Zoning Auth./Randolph Co. |
| Brian Biggs, David Willis, Hugh Blackwell, and John A. Torbett | HB 144 | 02/17/2025 | Elect SBE/Superintendent as SBE Chair. |
| Brian Biggs, Allen Chesser, and Jarrod Lowery | HB 112 | 02/12/2025 | Increase Permissible Interstate Speed Limit. |
| Brian Biggs, Julia C. Howard, Kyle Hall, and Steve Tyson | HB 96 | 02/11/2025 | Expedited Removal of Unauthorized Persons. |
| Brian Biggs, Donnie Loftis, John A. Torbett, and Kelly E. Hastings | HB 86 | 02/10/2025 | Citizens’ Expungement Clarification of 2025. |
| Brian Biggs, Blair Eddins, Mike Schietzelt, and Neal Jackson | HB 87 | 02/10/2025 | Cell Phone-Free Education. |
| Brian Biggs, Donny Lambeth, Larry W. Potts, and Tricia Ann Cotham | HB 60 | 02/04/2025 | Modernize Medicaid Dental Rates. |
| Brian Biggs, Kyle Hall, Neal Jackson, and Stephen M. Ross | HB 31 | 02/03/2025 | Make Election Day A State Holiday. |
| Brian Biggs, Celeste C. Cairns, Erin Paré, and Keith Kidwell | HB 4 | 01/29/2025 | Sam’s Law. |
