§ 7A-39.5. Recall of emergency justice or emergency judge upon temporary incapacity of a justice or judge. - North Carolina Statutes

§ 7A‑39.5.  Recallof emergency justice or emergency judge upon temporary incapacity of a justiceor judge.

(a)        Upon the request of any justice of the Supreme Court who hasbeen advised in writing by a reputable and competent physician that he istemporarily incapable of performing efficiently and promptly all the duties ofhis office, the Chief Justice may recall any emergency justice who, in hisopinion, is competent to perform the duties of an associate justice, to servetemporarily in the place of the justice in whose behalf he is recalled;provided, that when the incapacity of a justice of the Supreme Court is suchthat he cannot request the recall of an emergency justice to serve in hisplace, an order of recall may be issued by the Chief Justice upon satisfactorymedical proof of the facts upon which the order of recall must be based. Ordersof recall shall be in writing and entered upon the minutes of the court.

(b)        Upon the request of any judge of the Court of Appeals whohas been advised in writing by a reputable and competent physician that he istemporarily incapable of performing efficiently and promptly all the duties ofhis office, the Chief Judge may recall any emergency judge who, in his opinion,is competent to perform the duties of a judge of the Court of Appeals, to servetemporarily in the place of the judge in whose behalf he is recalled; provided,that when the incapacity of a judge of the Court of Appeals is such that hecannot request the recall of an emergency judge to serve in his place, an orderof recall may be issued by the Chief Judge upon satisfactory medical proof ofthe facts upon which the order of recall must be based. If the Chief Judge doesnot recall an emergency judge to serve in the place of the temporarilyincapacitated judge, the Chief Justice may recall an emergency justice who, inhis opinion, is competent to perform the duties of a judge of the Court ofAppeals, to serve temporarily in the place of the judge in whose behalf he isrecalled. In no case, however, may more than one emergency justice or emergencyjudge serve on one panel of the Court of Appeals at any given time. Orders ofrecall shall be in writing and entered upon the minutes of the court. (1967, c. 108, s. 1; 1985, c. 698, s. 16(c).)