§ 7A-171. Numbers; appointment and terms; vacancies. - North Carolina Statutes

§ 7A‑171.  Numbers;appointment and terms; vacancies.

(a)        The GeneralAssembly shall establish a minimum quota of magistrates for each county. In nocounty shall the minimum quota be less than one. The number of magistrates in acounty,  above the minimum quota set by the General Assembly, is determined bythe Administrative Office of the Courts after consultation with the chiefdistrict court judge for the district in which the county is located.

(a1)      The initial term ofappointment for a magistrate is two years and subsequent terms shall be for aperiod of four years. The term of office begins on the first day of January ofthe odd‑numbered year after appointment. The service of an individual asa magistrate filling a vacancy as provided in subsection (d) of this sectiondoes not constitute an initial term. For purposes of this section, any term ofoffice for a magistrate who has served a two‑year term is for four yearseven if the two‑year term of appointment was before the effective date ofthis section, the term is after a break in service, or the term is forappointment in a different county from the county where the two‑year termof office was served.

(b)        Not earlier thanthe Tuesday after the first Monday nor later than the third Monday in Decemberof each even‑numbered year, the clerk of the superior court shall submitto the senior regular resident superior court judge of the district or set ofdistricts as defined in G.S. 7A‑41.1(a) in which the clerk's county islocated the names of two (or more, if requested by the judge) nominees for eachmagisterial office for the county for which the term of office of themagistrate holding that position shall expire on December 31 of that year. Notlater than the fourth Monday in December, the senior regular resident superiorcourt judge shall, from the nominations submitted by the clerk of the superiorcourt, appoint magistrates to fill the positions for each county of the judge'sdistrict or set of districts.

(c)        If an additionalmagisterial office for a county is approved to commence on January 1 of an odd‑numberedyear, the new position shall be filled as provided in subsection (b) of thissection. If the additional position takes effect at any other time, it is to befilled as provided in subsection (d) of this section.

(d)        Within 30 daysafter a vacancy in the office of magistrate occurs the clerk of superior courtshall submit to the senior regular resident superior court judge the names oftwo (or more, if so requested by the judge) nominees for the office vacated.Within 15 days after receipt of the nominations the senior regular residentsuperior court judge shall appoint from the nominations received a magistratewho shall take office immediately and shall serve until December 31 of the even‑numberedyear, and thereafter the position shall be filled as provided in subsection (b)of this section. (1965,c. 310, s. 1; 1967, c. 691, s. 15; 1971, s. 84, s. 1; 1973, c. 503, s. 2; 1977,c. 945, ss. 3, 4; 1987 (Reg. Sess., 1988), c. 1037, s. 17; 2004‑128, s.19; 2006‑187, s. 7(c).)