NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 884

HOUSE BILL 1346

 

 

AN ACT TO AMEND G.S. 7A-39.3 AND G.S. 7A-39.6, RELATING TO RECALL TO ACTIVE SERVICE OF EMERGENCY JUSTICES AND JUDGES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 7A-39.3 is hereby rewritten to read as follows:

"§ 7A-39.3.  Retired justices and judges way become 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 of Appeals 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 the Uniform Judicial Retirement Act after having completed 15 years of creditable service, may apply as provided in G.S. 7A-39.6 to become emergency justices and emergency judges of the court from which they retired, and upon being commissioned as an emergency justice or emergency judge shall be subject to temporary recall to active service on that court in the place of any justice of the Supreme Court or judge of the Court of Appeals, respectively, who is temporarily incapacitated to the extent that he cannot perform efficiently and promptly all the duties of his office.

(b)        In addition to the compensation or retirement allowance which he would otherwise be entitled to receive by law, each emergency justice or emergency judge recalled for temporary active service 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. 2.  G.S. 7A-39.6 is rewritten to read as follows:

"§ 7A-39.6.  Application to the Governor, commission as emergency justice or emergency judge. — No retired justice of the Supreme Court or retired judge of the Court of Appeals may become an emergency justice or emergency judge except upon his written application to the Governor certifying his desire and ability to serve as an emergency justice or emergency judge. If the Governor is satisfied that the applicant qualifies under G.S. 7A-39.3(a) to become an emergency justice or emergency judge and that he is physically and mentally able to perform the official duties of an emergency justice or emergency judge, he shall issue to such applicant a commission as an emergency justice or 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. 3.  This act is effective upon ratification.

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