§ 7A-376. Grounds for discipline by Commission; censure, suspension, or removal by the Supreme Court. - North Carolina Statutes

§ 7A‑376.  Grounds fordiscipline by Commission; censure, suspension, or removal by the Supreme Court.

(a)        The Commission,upon a determination that any judge has engaged in conduct that violates theNorth Carolina Code of Judicial Conduct as adopted by the Supreme Court butthat is not of such a nature as would warrant a recommendation of censure,suspension, or removal, may issue to the judge a private letter of caution ormay issue to the judge a public reprimand.

(b)        Upon recommendationof the Commission, the Supreme Court may censure, suspend, or remove any judgefor willful misconduct in office, willful and persistent failure to perform thejudge's duties, habitual intemperance, conviction of a crime involving moralturpitude, or conduct prejudicial to the administration of justice that bringsthe judicial office into disrepute. A judge who is suspended for any of theforegoing reasons shall receive no compensation during the period of thatsuspension. A judge who is removed for any of the foregoing reasons shallreceive no retirement compensation and is disqualified from holding furtherjudicial office.

(c)        Upon recommendationof the Commission, the Supreme Court may suspend, for a period of time theSupreme Court deems necessary, any judge for temporary physical or mentalincapacity interfering with the performance of the judge's duties, and mayremove any judge for physical or mental incapacity interfering with theperformance of the judge's duties which is, or is likely to become, permanent.A judge who is suspended for temporary incapacity shall continue to receivecompensation during the period of the suspension. A judge removed for mental orphysical incapacity is entitled to retirement compensation if the judge hasaccumulated the years of creditable service required for incapacity ordisability retirement under any provision of State law, but he shall not sit asan emergency justice or judge. (1971, c. 590, s. 1; 1979, c. 486, s. 2; 2006‑187,s. 11.)