§ 7A-39.13. Recall of active and emergency justices and judges who have reached mandatory retirement age. - North Carolina Statutes

§ 7A‑39.13.  Recallof active and emergency justices and judges who have reached mandatoryretirement age.

Justices and judges retired because they have reached the mandatoryretirement age, and emergency justices and judges whose commissions haveexpired because they have reached the mandatory retirement age, may betemporarily recalled to active service under the following circumstances:

(1)        The justice or judge must consent to the recall.

(2)        The Chief Justice may recall retired justices to serve onthe Supreme Court or on the Court of Appeals, and the Chief Judge may recallretired judges of the Court of Appeals to serve on that court.

(3)        The period of recall shall not exceed six months, but itmay  be renewed for an additional six months if the emergency for which therecall was ordered continues.

(4)        Prior to recall, the Chief Justice or the Chief Judge, asthe case may be, shall satisfy himself that the justice or judge being recalledis capable of efficiently and promptly performing the duties of the office towhich recalled.

(5)        Recall is authorized only to replace an active justice orjudge who is temporarily incapacitated.

(6)        Jurisdiction and authority of a recalled justice or judge isas specified in G.S. 7A‑39.7.

(7)        The Supreme Court and the Court of Appeals, as the case maybe, shall prescribe rules respecting the filing of opinions prepared by aretired justice or judge after his period of temporary service has expired, andrespecting any other matter deemed necessary and consistent with this section.

(8)        Compensation of recalled retired justices and judges is thesame as for recalled emergency justices and judges under G.S. 7A‑39.3(b).

(9)        Recall shall be evidenced by a commission signed by theChief Justice or Chief Judge, as the case may be. (1981, c. 455, s. 2; 1985, c. 698, s. 16(f).)