§ 7A-39.3. Retired justices and judges may become emergency justices and judges subject to recall to active service; compensation for emergency justices and judges on recall. - North Carolina Statutes

§ 7A‑39.3.  Retired justices and judges maybecome emergency justices and judges subject to recall to active service;compensation for emergency justices and judges on recall.

(a)        Justices of the Supreme Court and judges of the Court ofAppeals who have not reached the mandatory retirement age specified in G.S. 7A‑4.20,but who have retired under the provisions of G.S. 7A‑39.2, or under theUniform Judicial Retirement Act after having completed 12 years of creditableservice, may apply as provided in G.S. 7A‑39.6 to become emergencyjustices or judges and upon being commissioned as an emergency justice oremergency judge shall be subject to temporary recall to active service in placeof a justice or judge who is temporarily incapacitated as provided in G.S. 7A‑39.5.

(b)        In addition to the compensation or retirement allowance hewould otherwise be entitled to receive by law, each emergency justice oremergency judge recalled for temporary active service shall be paid by theState his actual expenses, plus three hundred dollars ($300.00) for each day ofactive service rendered upon recall. No recalled retired or emergency justiceor judge shall receive from the State total annual compensation for judicialservices in excess of that received by an active justice or judge of the benchto which the justice or judge is being recalled. (1967, c. 108, s. 1; 1973, c. 640, s. 3; 1977, c. 736, s. 1; 1979, c.884, s. 1; 1981, c. 455, s. 3; c. 859, s. 46; 1981 (Reg. Sess., 1982), c. 1253,s. 2; 1983, c. 784; 1985, c. 698, ss. 9(a), 16(b); 1987 (Reg. Sess., 1988), c.1086, s. 31(a); 2002‑159, s. 25.)