NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 878

HOUSE BILL 1161

 

 

AN ACT TO PERMIT DISTRICT COURT JUDGES AS WELL AS SUPERIOR COURT JUDGES TO BE CALLED OUT OF RETIREMENT AS EMERGENCY JUDGES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The title of Article 8 of Chapter 7A of the General Statutes is rewritten to read as follows:

"Retirement of Judges of the Superior Court; Retirement Compensation for Superior Court Judges; Recall to Emergency Service of Judges of the District and Superior Court; Disability Retirement for Judges of the Superior Court."

Sec. 2.  G.S. 7A-52 is rewritten to read as follows:

"§ 7A-52.  Retired district and superior court judges may become emergency judges subject to recall to active service, compensation for emergency judges on recall. — (a) Judges of the district court and judges of the superior court 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-51, or under the Uniform Judicial Retirement Act after having completed 15 years of creditable service, may apply as provided in G.S. 7A-53 to become emergency judges of the court from which they retired. The Chief Justice of the Supreme Court may order any emergency judge of the district or superior court who, in his opinion, is competent to perform the duties of a judge of the court from which such judge retired, to hold regular or special sessions of such court, as needed. Order of assignment shall be in writing and entered upon the minutes of the court to which such emergency judge is assigned.

(b)        In addition to the compensation or retirement allowance which he would otherwise be entitled to receive by law, each emergency judge of the district or superior court who is assigned to temporary active service by the Chief Justice shall be paid by the State his actual expenses, plus one hundred dollars ($100.00) for each week of active service rendered upon recall."

Sec. 3.  G.S. 7A-53 is rewritten to read as follows:

"§ 7A-53.  Application to the Governor, commission as emergency judge. — No retired judge of the district or superior court may become an emergency judge except upon his written application to the Governor certifying his desire and ability to serve as an emergency judge. If the Governor is satisfied that the applicant qualifies under G.S. 7A-52(a) to become an emergency judge and that he is physically and mentally able to perform the official duties of an emergency judge, he shall issue to such applicant a commission as an emergency judge of the court from which he retired. The commission shall be effective upon the date of its issue and shall terminate when the judge to whom it is issued reaches the maximum age for judicial service under G.S. 7A-4.20(a)."

Sec. 4.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.