§ 7A-374.2. Definitions. - North Carolina Statutes

§ 7A‑374.2. Definitions.

Unless the context clearlyrequires otherwise, the definitions in this section shall apply throughout thisArticle:

(1)        "Censure"means a finding by the Supreme Court, based upon a written recommendation bythe Commission, that a judge has willfully engaged in misconduct prejudicial tothe administration of justice that brings the judicial office into disrepute,but which does not warrant the suspension of the judge from the judge'sjudicial duties or the removal of the judge from judicial office. A censure mayrequire that the judge follow a corrective course of action. Unless otherwiseordered by the Supreme Court, the judge shall personally appear in the SupremeCourt to receive a censure.

(2)        "Commission"means the North Carolina Judicial Standards Commission.

(3)        "Incapacity"means any physical, mental, or emotional condition that seriously interfereswith the ability of a judge to perform the duties of judicial office.

(4)        "Investigation"means the gathering of information with respect to alleged misconduct ordisability.

(5)        "Judge"means any justice or judge of the General Court of Justice of North Carolina,including any retired justice or judge who is recalled for service as anemergency judge of any division of the General Court of Justice.

(6)        "Letter ofcaution" means a written action of the Commission that cautions a judgenot to engage in certain conduct that violates the Code of Judicial Conduct asadopted by the Supreme Court.

(7)        "Publicreprimand" means a written action of the Commission issued upon a findingby the Commission that a judge has violated the Code of Judicial Conduct andhas engaged in conduct prejudicial to the administration of justice, but thatmisconduct is minor and does not warrant a recommendation by the Commissionthat the judge be disciplined by the Supreme Court. A public reprimand mayrequire that the judge follow a corrective course of action.

(8)        "Remove"or "removal" means a finding by the Supreme Court, based upon awritten recommendation by the Commission, that a judge should be relieved ofall duties of the judge's office and disqualified from holding further judicialoffice.

(9)        "Suspend"or "suspension" means a finding by the Supreme Court, based upon awritten recommendation by the Commission, that a judge should be relieved ofthe duties of the judge's office for a period of time, and upon conditions,including those regarding treatment and compensation, as may be specified bythe Supreme Court. (2006‑187,s. 11.)