A BILL TO BE ENTITLED
AN ACT to amend the north carolina constitution to provide for the selection of the chief justice of the supreme court from among the associate justices.
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 seven Associate Justices, but the General Assembly may increase the number of Associate Justices to not more than nine. The General Assembly shall provide by law for the designation of a Chief Justice from among the Associate Justices."
SECTION 2.  The amendment set out in this act shall be submitted to the qualified voters of the State at a statewide general election to be held November 8, 2005, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:
"[ ] FOR	[ ] AGAINST
Constitutional amendment to provide that the Chief Justice of the Supreme Court shall be designated by the Governor from among the Associate Justices."
SECTION 3.  If a majority of the votes cast on the question are in favor of the amendment set out in this act, the State Board of Elections shall certify the amendment to the Secretary of State, who shall enroll the amendment so certified among the permanent records of that office. The amendment becomes effective upon the next vacancy in the office of Chief Justice.
SECTION 4.  G.S. 7A‑10 reads as rewritten:
"§ 7A‑10.  Organization; compensation of justices.
(a)	The Supreme Court shall consist of a seven associate justices, elected by the qualified voters of the State for terms of eight years. Before entering upon the duties of his office, each justice shall take an oath of office. Four justices shall constitute a quorum for the transaction of the business of the court. Except as otherwise provided in this subsection, sessions of the court shall be held in the city of Raleigh, and scheduled by rule of court so as to discharge expeditiously the court's business. The court may by rule hold sessions not more than twice annually in the Old Chowan County Courthouse (1767) in the Town of Edenton, which is a State‑owned court facility that is designated as a National Historic Landmark by the United States Department of the Interior.
(a1)	The Governor shall designate one of the associate justices as Chief Justice, to serve in such capacity for the lesser of four years or until the expiration of the term of office that the Associate Justice is holding at the time of designation. If at the expiration of the designation, the Chief Justice has served in that capacity for four consecutive years or more, that person may not again be designated as Chief Justice until the expiration of four more years.
(b)	The justices shall receive the annual salary provided in Current Operations Appropriations Act. Each justice is entitled to reimbursement for travel and subsistence expenses at the rate allowed State employees generally.
(c)	In lieu of merit and other increment raises paid to regular State employees, the Chief Justice and each of the Associate Justices shall receive as longevity pay an annual amount equal to four and eight‑tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, nine and six‑tenths percent (9.6%) after 10 years of service, fourteen and four‑tenths percent (14.4%) after 15 years of service, and nineteen and two‑tenths percent (19.2%) after 20 years of service. "Service" means service as a justice or judge of the General Court of Justice or as a member of the Utilities Commission. Service shall also mean service as a district attorney or as a clerk of superior court."
SECTION 5.  Section 4 of this act becomes effective only if the voters approve the constitutional amendment set out in Section 1 of this act. If the voters approve the constitutional amendment, Section 4 of this act becomes effective upon the next vacancy in the office of Chief Justice.