§ 7A-45.2. Emergency special judges of the superior court; qualifications, appointment, removal, and authority. - North Carolina Statutes

§ 7A‑45.2. Emergency special judges of the superior court; qualifications, appointment,removal, and authority.

(a)        Any justice or judge of the appellate division of theGeneral Court of Justice who:

(1)        Retires under the provisions of the Consolidated JudicialRetirement Act, Article 4 of Chapter 135 of the General Statutes, or who iseligible to receive a retirement allowance under that act;

(2)        Has not reached the mandatory retirement age specified inG.S. 7A‑4.20;

(3)        Has served at least five years as a superior court judge orfive years as a justice or judge of the appellate division of the General Courtof Justice, or any combination thereof, whether or not eligible to serve as anemergency justice or judge of the appellate division of the General Court ofJustice; and

(4)        Whose judicial service ended within the preceding 10 years;

mayapply to the Governor for appointment as an emergency special superior courtjudge in the same manner as is provided for application as an emergencysuperior court judge in G.S. 7A‑53.  If the Governor is satisfied thatthe applicant meets the requirements of this section and is physically andmentally able to perform the duties of a superior court judge, the Governorshall issue a commission appointing the applicant as an emergency specialsuperior court judge until the applicant reaches the mandatory retirement agefor superior court judges specified in G.S. 7A‑4.20.

(b)        Any emergency special superior court judge appointed asprovided in this section shall:

(1)        Have the same powers and duties, when duly assigned to holdcourt, as provided for an emergency superior court judge by G.S. 7A‑48;

(2)        Be subject to assignment in the same manner as provided foran emergency superior court judge by G.S. 7A‑46;

(3)        Receive the same compensation, expenses, and allowances,when assigned to hold court, as an emergency superior court judge as providedby G.S. 7A‑52(b);

(4)        Be subject to the provisions and requirements of the Canonsof Judicial Conduct; and

(5)        Not engage in the practice of law during any period forwhich the emergency special superior court judgeship is commissioned.  However,this subdivision shall not be construed to prohibit an emergency specialsuperior court judge appointed pursuant to this section from serving as areferee, arbitrator, or mediator, during service as an emergency specialsuperior court judge when the service does not conflict with or interfere withthe emergency special superior court judge's judicial service in emergencystatus.

(c)        Upon reaching mandatory retirement age for superior courtjudges as set forth in G.S. 7A‑4.20, any emergency special superior courtjudge appointed pursuant to this section, whose commission has expired, may berecalled as a recalled emergency special superior court judge to preside overany regular or special session of the superior court under the followingcircumstances:

(1)        The judge shall consent to the recall;

(2)        The Chief Justice may order the recall;

(3)        Prior to ordering recall, the Chief Justice shall be satisfiedthat the recalled judge is capable of efficiently and promptly discharging theduties of the office to which recalled;

(4)        Jurisdiction of a recalled emergency special superior courtjudge is as set forth in G.S. 7A‑48;

(5)        Orders of recall and assignment shall be in writing andentered upon the minutes of the court to which assigned; and

(6)        Compensation, expenses, and allowances of recalled emergencyspecial superior court judges are the same as for recalled emergency superiorcourt judges under G.S. 7A‑52(b).

(d)        Any former justice or judge of the appellate division of theGeneral Court of Justice who otherwise meets the requirements of subsection (a)of this section to be appointed an emergency special superior court judge buthas already reached the mandatory retirement age for superior court judges setforth in G.S. 7A‑4.20 on retirement may, in lieu of serving as anemergency judge of the court from which he retired, apply to the Governor to beappointed as an emergency special superior court judge as provided in thissection.  If the Governor issues a commission to the applicant, the retiredjustice or judge is subject to recall as an emergency special superior courtjudge as provided in subsection (c) of this section.

(e)        No justice or judge appointed as an emergency specialsuperior court judge or subject to recall as provided in this section shall,during the period so appointed or subject to recall, contemporaneously serve asan emergency justice or judge of the appellate division of the General Court ofJustice. (1993, c. 321, s.199.)