Bill Text: NC H241 | 2017-2018 | Regular Session | Amended
Bill Title: Special Sup. Ct. Judgeship Appointed by GA
Spectrum: Partisan Bill (Republican 9-0)
Status: (Engrossed - Dead) 2017-03-14 - Ref To Com On Rules and Operations of the Senate [H241 Detail]
Download: North_Carolina-2017-H241-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 241
Short Title: Special Sup. Ct. Judgeship Appointed by GA. |
(Public) |
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Sponsors: |
Representatives Burr, K. Hall, Saine, and Bumgardner (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Judiciary IV |
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March 6, 2017
A BILL TO BE ENTITLED
AN ACT to provide that special superior court judges are appointed by the general assembly.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A‑45.1 reads as rewritten:
"§ 7A‑45.1. Special judges.
(a) Effective November 1,
1993, the Governor may appoint two special superior court judges to serve terms
expiring September 30, 2000. Effective October 1, 2000, one of those positions
is abolished. Successors to the special superior court judge appointed pursuant
to this subsection shall be appointed to a five‑year term.The General
Assembly may appoint special superior court judges to serve a five‑year
term when any of the following occurs for the special superior court judges
holding office on or after January 1, 2017:
(1) Retirement of the incumbent judge.
(2) Resignation of the incumbent judge.
(3) Removal from office of the incumbent judge.
(4) Death of the incumbent judge.
(5) Expiration of the term of the incumbent judge.
(6) For any other reason that causes a judgeship to become vacant.
A special judge takes the same oath of office and is subject to the same requirements and disabilities as are or may be prescribed by law for regular judges of the superior court, save the requirement of residence in a particular district.
(a1) Effective October 1, 1995, the Governor may
appoint two special superior court judges to serve terms expiring September 30,
2000. Successors to the special superior court judges appointed pursuant to
this subsection shall be appointed to five‑year terms. A special judge
takes the same oath of office and is subject to the same requirements and
disabilities as are or may be prescribed by law for regular judges of the
superior court, save the requirement of residence in a particular district.
(a2) Effective December 15, 1996, the Governor may
appoint four special superior court judges to serve terms expiring five years
from the date that each judge takes office. Successors to the special superior
court judges appointed pursuant to this subsection shall be appointed to five‑year
terms. A special judge takes the same oath of office and is subject to the same
requirements and disabilities as are or may be prescribed by law for regular
judges of the superior court, save the requirement of residence in a particular
district.
(a3) Effective December 15, 1998, the Governor may
appoint a special superior court judge to serve a term expiring five years from
the date that judge takes office. Successors to the special superior court
judge appointed pursuant to this subsection shall be appointed to five‑year
terms. A special judge takes the same oath of office and is subject to the same
requirements and disabilities as are or may be prescribed by law for regular
judges of the superior court, save the requirement of residence in a particular
district.
(a4) Effective October 1, 1999, the Governor may
appoint four special superior court judges to serve terms expiring five years
from the date that each judge takes office. Successors to the special superior
court judges appointed pursuant to this subsection shall be appointed to five‑year
terms. A special judge takes the same oath of office and is subject to the same
requirements and disabilities as are or may be prescribed by law for regular
judges of the superior court, save the requirement of residence in a particular
district.
(a5) Effective October 1, 2001, the Governor may
appoint a special superior court judge to serve a term expiring five years from
the date that judge takes office. Successors to the special superior court
judge appointed pursuant to this subsection shall be appointed to five‑year
terms. A special judge takes the same oath of office and is subject to the same
requirements and disabilities as are or may be prescribed by law for regular
judges of the superior court, save the requirement of residence in a particular
district.
(a6) Effective December 1, 2004, the Governor may
appoint a special superior court judge to serve a term expiring five years from
the date that each judge takes office. Successors to the special superior court
judge appointed pursuant to this subsection shall be appointed to five‑year
terms. A special judge takes the same oath of office and is subject to the same
requirements and disabilities as are or may be prescribed by law for regular
judges of the superior court, save the requirement of residence in a particular
district.
(a7) Effective January 1, 2008, the Governor may
appoint two special superior court judges to serve terms expiring five years
from the date that each judge takes office. Successors to the special superior
court judges appointed pursuant to this subsection shall be appointed to five‑year
terms. A special judge takes the same oath of office and is subject to the same
requirements and disabilities as are or may be prescribed by law for regular
judges of the superior court, save the requirement of residence in a particular
district.
(a8) Notwithstanding any other provision of this section,
the four special superior court judgeships held as of April 1, 2014, by judges
whose terms expire on April 29, 2015, October 20, 2015, and December 31, 2017,
and the two special superior court judgeships held as of April 1, 2015, by
judges whose terms expire January 26, 2016, are abolished when any of the
following first occurs:
(1) Retirement of the incumbent judge.
(2) Resignation of the incumbent judge.
(3) Removal from office of the incumbent judge.
(4) Death of the incumbent judge.
(5) Expiration of the term of the incumbent judge.
(a9) Effective upon the retirement, resignation,
removal from office, death, or expiration of the term of the special superior
court judge held as of April 1, 2014, by the judge whose term expires on April
29, 2015, a new special superior court judgeship shall be created and filled
through the procedure for nomination and confirmation provided for in
subsection (a10) of this section.
Prior to submitting a nominee
for the judgeship created under this subsection to the General Assembly for
confirmation, the Governor shall consult with the Chief Justice to ensure that
the person nominated to fill this judgeship has the requisite expertise and
experience to be designated by the Chief Justice as a business court judge
under G.S. 7A‑45.3, and the Chief Justice is requested to designate this
judge as a business court judge.
(a10) Except for the judgeships abolished pursuant to
subsection (a8) of this section, upon the retirement, resignation, removal from
office, death, or expiration of the term of any special superior court judge on
or after September 1, 2014, each judgeship shall be filled for a full five‑year
term beginning upon the judge's taking office according to the following
procedure prescribed by the General Assembly pursuant to Article IV, Section
9(1) of the North Carolina Constitution. As each judgeship becomes vacant
or the term expires, the Governor General Assembly shall submit
the name of a nominee for that judgeship to the General Assembly for
confirmation by ratified joint resolution. Upon each such confirmation, the
Governor shall appoint the confirmed nominee to that judgeship.appoint a
new special superior court judge to fill that seat.
However, upon the failure of the
Governor to submit the name of a nominee within 90 days of the occurrence of
the vacancy or within 90 days of the expiration of the judge's term, as applicable,
the President Pro Tempore of the Senate and the Speaker of the House of
Representatives jointly shall submit the name of a nominee to the General
Assembly. The appointment Appointments shall then be made by enactment of a bill. The bill shall
state the name of the person being appointed, the office to which the
appointment is being made, and the county of residence of the appointee.
The Governor may withdraw any
nomination prior to it failing on any reading, and in case of such withdrawal
the Governor shall submit a different nomination within 45 days of withdrawal.
If a nomination shall fail any reading, the Governor shall submit a different
nomination within 45 days of such failure. In either case of failure to submit
a new nomination within 45 days, the President Pro Tempore of the Senate and
the Speaker of the House of Representatives shall submit the name of a nominee
to the General Assembly under the procedure provided in the preceding
paragraph.
No person shall occupy a special
superior court judgeship authorized under this subsection in any capacity, or
have any right to, claim upon, or powers of those judgeships, unless that
person's nomination has been confirmed by the General Assembly by joint
resolution or appointed through the enactment of a bill upon the failure of the
Governor to submit a nominee. Until confirmed by the General Assembly and
appointed by the Governor, or appointed by the General Assembly upon the
failure of the Governor to appoint a nominee, and qualified by taking the oath
of office, a nominee is neither a de jure nor a de facto officer.
(a11) The Chief Justice is requested, pursuant to the authority under G.S. 7A‑45.3 to designate business court judges, to maintain at least five business court judgeships from among the special superior court judgeships authorized under this section.
(b) A special judge is
subject to removal from office for the same causes and in the same manner as a
regular judge of the superior court, and a vacancy occurring in the office
of special judge is filled by the Governor by appointment for the unexpired
term.court.
(c) A special judge, in any court in which he is duly appointed to hold, has the same power and authority in all matters that a regular judge holding the same court would have. A special judge, duly assigned to hold the court of a particular county, has during the session of court in that county, in open court and in chambers, the same power and authority of a regular judge in all matters arising in the district or set of districts as defined in G.S. 7A‑41.1(a) in which that county is located, that could properly be heard or determined by a regular judge holding the same session of court.
(d) A special judge is authorized to settle cases on appeal and to make all proper orders in regard thereto after the time for which he was commissioned has expired."
SECTION 2. This act is effective when it becomes law.