§ 7A-173. Suspension; removal; reinstatement. - North Carolina Statutes

§ 7A‑173. Suspension; removal; reinstatement.

(a)        A magistrate may be suspended from performing the duties ofhis office by the chief district judge of the district court district in whichhis county is located, or removed from office by the senior regular residentsuperior court judge of, or any regular superior court judge holding court in,the district or set of districts as defined in G.S. 7A‑41.1(a) in whichthe county is located. Grounds for suspension or removal are the same as for ajudge of the General Court of Justice.

(b)        Suspension from performing the duties of the office may beordered upon filing of sworn written charges in the office of clerk of superiorcourt for the county in which the magistrate resides. If the chief districtjudge, upon examination of the sworn charges, finds that the charges, if true,constitute grounds for removal, he may enter an order suspending the magistratefrom performing the duties of his office until a final determination of thecharges on the merits. During suspension the salary of the magistratecontinues.

(c)        If a hearing, with or without suspension, is ordered, themagistrate against whom the charges have been made shall be given immediatewritten notice of the proceedings and a true copy of the charges, and thematter shall be set by the chief district judge for hearing before the seniorregular resident superior court judge or a regular superior court judge holdingcourt in the district or set of districts as defined in G.S. 7A‑41.1(a)in which the county is located. The hearing shall be held in a county withinthe district or set of districts not less than 10 days nor more than 30 daysafter the magistrate has received a copy of the charges. The hearing shall beopen to the public. All testimony offered shall be recorded. At the hearing thesuperior court judge shall receive evidence, and make findings of fact andconclusions of law. If he finds that grounds for removal exist, he shall enteran order permanently removing the magistrate from office, and terminating hissalary. If he finds that no such grounds exist, he shall terminate thesuspension, if any.

(d)        A magistrate may appeal from an order of removal to theCourt of Appeals on the basis of error of law by the superior court judge.Pending decision of the case on appeal, the magistrate shall not perform any ofthe duties of his office. If, upon final determination, he is orderedreinstated, either by the appellate division or by the superior court onremand, his salary shall be restored from the date of the original order ofremoval. (1965, c. 310, s.1; 1967, c. 108, s. 4; 1973, c. 148, ss. 3, 4; 1987 (Reg. Sess., 1988), c.1037, s. 18.)