§ 163-9. Filling vacancies in State and district judicial offices. - North Carolina Statutes

§ 163‑9.  Fillingvacancies in State and district judicial offices.

(a)        Vacancies occurring in the offices of Justice of the SupremeCourt, judge of the Court of Appeals, and judge of the superior court forcauses other than expiration of term shall be filled by appointment of theGovernor. An appointee to the office of Justice of the Supreme Court or judgeof the Court of Appeals shall hold office until January 1 next following theelection for members of the General Assembly that is held more than 60 daysafter the vacancy occurs, at which time an election shall be held for an eight‑yearterm and until a successor is elected and qualified.

(b)        Except for judges specified in the next paragraph of thissubsection, an appointee to the office of judge of superior court shall holdhis place until the next election for members of the General Assembly that isheld more than 60 days after the vacancy occurs, at which time an electionshall be held to fill the unexpired term of the office.

Appointees for judges of the superior court from any district:

(1)        With only one resident judge; or

(2)        In which no county is subject to section 5 of the VotingRights Act of 1965,

shallhold the office until the next election of members of the General Assembly thatis held more than 60 days after the vacancy occurs, at which time an electionshall be held to fill an eight‑year term.

(c)        When the unexpired term of the office in which the vacancyhas occurred expires on the first day of January succeeding the next electionfor members of the General Assembly, the Governor shall appoint to fill thatvacancy for the unexpired term of the office.

(d)        Vacancies in the office of district judge which occur beforethe expiration of a term shall not be filled by election. Vacancies in the officeof district judge shall be filled in accordance with G.S. 7A‑142. (1901, c. 89, ss. 4, 73; Rev. s. 4299; C.S., s. 5920;1967, c. 775, s. 1; 1969, c. 44, s. 81; 1979, c. 494; 1981, c. 763, s. 3; 1985(Reg. Sess., 1986), c. 920, s. 6; 1995, c. 98, s. 1; 1996, 2nd Ex. Sess., c. 9,s. 21.)