GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 71
Second Edition Engrossed 3/19/91

Short Title:  Appointed Judges.	(Public)
─────────────────────────────────────── 
Sponsors: Senators Winner, Hyde; Ballance, Basnight, Bryan, Carpenter, Cochrane, Daniel, Daughtry, Hartsell, Hunt, Lee, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plexico, Royall, Sands, Shaw, Sherron, Smith, Speed, and Ward.
─────────────────────────────────────── 
Referred to:  Constitution.
─────────────────────────────────────── 

February 13, 1991

A BILL TO BE ENTITLED
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROVIDE FOR THE APPOINTMENT OF APPELLATE JUDGES BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE A PROCEDURE TO DETERMINE IF JUDGES SO APPOINTED SHOULD BE RETAINED IN OFFICE.
The General Assembly of North Carolina enacts:
Section 1.  Section 6(1) of Article IV of the North Carolina Constitution reads as rewritten:
"(1)	Membership.  The Supreme Court shall consist of a Chief Justice and six Associate Justices, but the General Assembly may increase the number of Associate Justices to not more than eight.  The Governor shall nominate, and with the advice and consent of a majority of those present and voting of the Senate and of the House of Representatives, appoint the Chief Justice and the Associate Justices as provided by law.  The General Assembly may require the Governor to make his nominations from names of persons submitted pursuant to procedures and in a manner prescribed by law.  The General Assembly may by law permit persons nominated to serve pending appointment, and it may permit persons appointed to serve pending the beginning of their initial term.  Justices appointed shall serve an initial term as provided by this Article and shall be eligible for subsequent terms pursuant to procedures and in a manner as shall be established by the General Assembly.  In the event the Chief Justice is unable, on account of absence or temporary incapacity, to perform any of the duties placed upon him, the senior Associate Justice available may discharge these duties."
Sec. 2.  Section 7 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 7.  Court of Appeals.
The structure, organization, and composition of the Court of Appeals shall be determined by the General Assembly.  The Governor shall nominate, and with the advice and consent of a majority of those present and voting of the Senate and of the House of Representatives, appoint the Judges of the Court of Appeals as provided by law.  The General Assembly may require the Governor to make his nominations from names of persons submitted pursuant to procedures and in a manner prescribed by law.  The General Assembly may by law permit persons nominated to serve pending appointment, and it may permit persons appointed to serve pending the beginning of their initial term.  Judges appointed shall serve an initial term as provided in this Article and shall be eligible for subsequent terms pursuant to procedures and in a manner as shall be established by the General Assembly.  The Court shall have not less than five members, and may be authorized to sit in divisions, or other than en banc.  Sessions of the Court shall be held at such times and places as the General Assembly may prescribe."
Sec. 3.  Section 9(1) of Article IV of the North Carolina Constitution reads as rewritten:
"(1)	Superior Court Judges and districts.  The General Assembly shall, from time to time, divide the State into a convenient number of Superior Court judicial districts and shall provide for the election of one or more Superior Court Judges for each district.  Judges of the Superior Court shall be elected by the qualified voters and shall hold office for terms of eight years and until their successors are elected and qualified.  Regular Judges of the Superior Court may be elected by the qualified voters of the State or by the voters of their respective districts, as the General Assembly may prescribe.  Each regular Superior Court Judge shall reside in the district for which he is elected.  The General Assembly may provide by general law for the selection or appointment of special or emergency Superior Court Judges not selected for a particular judicial district."
Sec. 4.  Section 16 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 16.  Terms of office of Justices of the Supreme Court, and Judges of the Court of Appeals.
The initial term of office for each person holding the office of Chief Justice of the Supreme Court, Associate Justice of the Supreme Court, and Judge of the Court of Appeals shall be four years, and each subsequent term for that person in that office shall be eight years."
Sec. 5.  Section 19 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 19. Vacancies.
(1)	Vacancies generally.  Unless otherwise provided in this Article, all vacancies occurring in the offices provided for by this Article shall be filled by appointment of the Governor, and the appointees shall hold their places until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, when elections shall be held to fill the offices.  When the unexpired term of any of the offices named in this Article of the Constitution in which a vacancy has occurred, and in which it is herein provided that the governor shall fill the vacancy, expires on the first day of January succeeding the next election for members of the General Assembly, the governor shall appoint to fill that vacancy for the unexpired term of the office.  If any person elected or appointed to any of these offices shall fail to qualify, the office shall be appointed to, held and filled as provided in case of vacancies occurring therein.  All incumbents of these offices shall hold until their successors are qualified.
(2)	Vacancies on appellate courts.  Vacancies in the office of Chief Justice, Associate Justice, or Judge of the Court of Appeals shall be filled according to Sections 6 and 7 of this Article.  The General Assembly may by general law specify provisions contrary to those in Article VI, Section 10 to be applicable to Justices and Judges."
Sec. 6.  Article IV of the North Carolina Constitution is amended by adding a new section at the end to read:
“Sec. 23.  Transition to appointment system.
The Chief Justice, Associate Justices, and Judges of the Court of Appeals holding office on the effective date of amendments to this Article deleting provisions requiring elections to those offices, and inserting in their place provisions requiring appointment to those offices, shall continue in office until the expiration of their terms.  Those Justices and Judges, to remain in office beyond the expiration of their terms, shall be subject to the reconfirmation or retention procedures established by the General Assembly.  The General Assembly may also provide by general law for the extension of terms of those Justices and Judges if necessary to an orderly transition to an appointive system of initial selection."
Sec. 7.  The amendments set out in Sections 1 through 6 of this act shall be submitted to the qualified voters of the State at the general election to be held in November of 1992, which election shall be conducted under the laws then governing elections in the State.  At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
"[]	FOR Constitutional amendments to change from election to appointment of appellate judges by the Governor, subject to the advice and consent of the General Assembly for initial terms of four years, followed by subsequent terms of eight years pursuant to a reconfirmation procedure to be determined by the General Assembly.
[]	AGAINST Constitutional amendments to change from election to appointment of appellate judges by the Governor, subject to the advice and consent of the General Assembly for initial terms of four years, followed by subsequent terms of eight years pursuant to a reconfirmation procedure to be determined by the General Assembly."
Those qualified voters favoring the amendments set out in Sections 1 through 6 of this act shall vote by making an "X”or check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to that amendment shall vote by marking an "X”or check mark in the square beside the statement beginning "AGAINST".
Notwithstanding the foregoing provisions of this section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.
Sec. 8.  If a majority of votes cast thereon are in favor of the amendments set out in Sections 1 through 6 of this act, the State Board of Elections shall certify the amendments to the Secretary of State, who shall enroll the amendments so certified among the permanent records of his office, and the amendments shall become effective January l5, 1993.
Sec. 9.  This act is effective upon ratification.