§ 7A-142. Vacancies in office. - North Carolina Statutes

§ 7A‑142.  Vacancies in office.

A vacancy in the office of district judge shall be filled for theunexpired term by appointment of the Governor from nominations submitted by thebar of the judicial district as defined in G.S. 84‑19, except that injudicial District 9, when vacancies occur in District Court District 9 or 9B,only those members who reside in the district court district shall participatein the selection of the nominees. If the district court district is comprisedof counties in more than one judicial district, the nominees shall be submittedjointly by the bars of those judicial districts, but only those members whoreside in the district court district shall participate in the selection of thenominees. If the district court judge was elected as the nominee of a politicalparty, then the district bar shall submit to the Governor the names of threepersons who are residents of the district court district who are dulyauthorized to practice law in the district and who are members of the same politicalparty as the vacating judge; provided that if there are not three persons whoare available, the bar shall submit the names of two persons who meet thequalifications of this sentence. If the district court judge was not elected asthe nominee of a political party, then the district bar shall submit to theGovernor the names of three persons who are residents of the district courtdistrict and who are duly authorized to practice law in the district; providedthat if there are not three persons who are available, the bar shall submit thenames of two persons who meet the qualifications of this sentence. Within 60days after the district bar submits nominations for a vacancy, the Governorshall appoint to fill the vacancy. If the Governor fails to appoint a districtbar nominee within 60 days, then the district bar nominee who received thehighest number of votes from the district bar shall fill the vacancy. If thedistrict bar fails to submit nominations within 30 days from the date thevacancy occurs, the Governor may appoint to fill the vacancy without waitingfor nominations. (1965, c. 310, s. 1; 1975,c. 441; 1981, c. 763, ss. 1, 2; 1985 (Reg. Sess., 1986), c. 1006, s. 1; 1987(Reg. Sess., 1988), c. 1037, s. 16; c. 1056, s. 7; c. 1086, s. 112(b); 1991, c.742, s. 16; 1999‑237, s. 17.10; 2001‑403, s. 2(a); 2002‑159,s. 58.)