§ 7A-39.15. Emergency recall judges of the Court of Appeals. - North Carolina Statutes

§ 7A‑39.15. Emergency recall judges of the Court of Appeals.

(a)        A retired justice or judge of the Appellate Division of theGeneral Court of Justice is eligible to be appointed as an emergency recalljudge of the Court of Appeals under the following circumstances:

(1)        The justice or judge has retired under the provisions of theConsolidated Judicial Retirement Act, Article 4 of Chapter 135 of the GeneralStatutes, or is eligible to receive a retirement allowance under that act;

(2)        The justice or judge has not reached the mandatoryretirement age specified in G.S. 7A‑4.20;

(3)        The justice or judge has served a total of at least fiveyears as a judge or justice of the General Court of Justice, provided that atleast six months was served in the Appellate Division, whether or not otherwiseeligible to serve as an emergency justice or judge of the Appellate Division ofthe General Court of Justice;

(4)        The judicial service of the justice or judge ended withinthe preceding 15 years; and

(5)        The justice or judge has applied to the Governor forappointment as an emergency recall judge of the Court of Appeals in the samemanner as is provided for application in G.S. 7A‑53. If the Governor issatisfied that the applicant meets the requirements of this section and isphysically and mentally able to perform the duties of a judge of the Court ofAppeals, the Governor shall issue a commission appointing the applicant as anemergency recall judge of the Court of Appeals until the applicant reaches themandatory retirement age for judges of the Court of Appeals specified in G.S.7A‑4.20.

Any former justice or judge of the Appellate Division of the GeneralCourt of Justice who otherwise meets the requirements of this section to beappointed an emergency recall judge of the Court of Appeals, but who hasalready reached the mandatory retirement age for judges of the Court of Appealsset forth in G.S. 7A‑4.20, may apply to the Governor to be appointed asan emergency recall judge of the Court of Appeals as provided in this section.If the Governor issues a commission to the applicant, the retired justice orjudge is subject to recall as an emergency recall judge of the Court of Appealsas provided in this section.

(b)        Notwithstanding any other provision of law, the Chief Judgeof the Court of Appeals may recall and assign one or more emergency recalljudges of the Court of Appeals, not to exceed three at any one time, providedfunds are available, if the Chief Judge determines that one or more emergencyrecall judges of the Court of Appeals are necessary to discharge the court'sbusiness expeditiously.

(c)        Any emergency recall judge of the Court of Appeals appointedas provided in this section shall be subject to recall in the following manner:

(1)        The judge shall consent to the recall;

(2)        The Chief Judge of the Court of Appeals may order therecall;

(3)        Prior to ordering recall, the Chief Judge of the Court ofAppeals shall be satisfied that the recalled judge is capable of efficientlyand promptly discharging the duties of the office to which recalled;

(4)        Orders of recall and assignment shall be in writing,evidenced by a commission signed by the Chief Judge of the Court of Appeals,and entered upon the minutes of the permanent records of the Court of Appeals;

(5)        Compensation, expenses, and allowances of emergency recalljudges of the Court of Appeals are the same as for recalled emergency superiorcourt judges under G.S. 7A‑52(b);

(6)        Emergency recall judges assigned under those provisionsshall have the same powers and duties, when duly assigned to hold court, asprovided for by law for judges of the Court of Appeals;

(7)        Emergency recall judges of the Court of Appeals are subjectto assignment in the same manner as provided for by G.S. 7A‑16 and G.S.7A‑19;

(8)        Emergency recall judges of the Court of Appeals shall besubject to rules adopted pursuant to G.S. 7A‑39.8 regarding the filing ofopinions and other matters;

(9)        Emergency recall judges of the Court of Appeals shall besubject to the provisions and requirements of the Canons of Judicial Conductduring the term of assignment; and

(10)      An emergency recall judge of the Court of Appeals shall notengage in the practice of law during any period for which the emergency recallCourt of Appeals judgeship is commissioned. However, this subdivision shall notbe construed to prohibit an emergency recall judge of the Court of Appealsappointed pursuant to this section from serving as a referee, arbitrator, ormediator during service as an emergency recall judge of the Court of Appeals solong as the service does not conflict with or interfere with the judge'sservice as an emergency recall judge of the Court of Appeals.

(d)        A justice or judge commissioned as an emergency recall judgeof the Court of Appeals is also eligible to receive a commission as anemergency special superior court judge. However, no justice or judge who hasbeen recalled as provided in this section shall, during the period so recalledand assigned, contemporaneously serve as an emergency special superior court judgeor emergency justice of the General Court of Justice. (1995, c. 108, s. 1.)