A BILL TO BE ENTITLED
AN ACT TO modify the maximum age of judicial service for justices and judges of the general court of justice and magistrates.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 1B of Chapter 7A of the General Statutes is repealed.
SECTION 2.  G.S. 7A‑5 reads as rewritten:
"§ 7A‑5.  Organization and age limit for service as justice or judge.
(a)	The appellate division of the General Court of Justice consists of the Supreme Court and the Court of Appeals.
(b)	No justice or judge of the appellate division of the General Court of Justice may continue in office beyond the last day of the year in which the justice or judge attains 76 years of age, but justices and judges so retired may be recalled for periods of temporary service as provided in this Subchapter."
SECTION 3.  G.S. 7A‑39.3(a) reads as rewritten:
"(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‑5(b), but who have retired under the provisions of G.S. 7A‑39.2, or under the Uniform Judicial Retirement Act after having completed 12 years of creditable service, may apply as provided in G.S. 7A‑39.6 to become emergency justices or judges and upon being commissioned as an emergency justice or emergency judge shall be subject to temporary recall to active service in place of a justice or judge who is temporarily incapacitated as provided in G.S. 7A‑39.5."
SECTION 4.  G.S. 7A‑39.6 reads as rewritten:
"§ 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‑5(b)."
SECTION 5.  G.S. 7A‑39.15(a) reads as rewritten:
"(a)	A retired justice or judge of the Appellate Division of the General Court of Justice is eligible to be appointed as an emergency recall judge of the Court of Appeals if the justice or judge meets each of the following requirements:
(1)	The justice or judge has retired under the provisions of the Consolidated Judicial Retirement Act, Article 4 of Chapter 135 of the General Statutes, or is eligible to receive a retirement allowance under that act.
(2)	The justice or judge has not reached the mandatory retirement age specified in G.S. 7A‑5(b).
(3)	The justice or judge has served a total of at least five years as a judge or justice of the General Court of Justice, provided that at least six months was served in the Appellate Division, whether or not otherwise eligible to serve as an emergency justice or judge of the Appellate Division of the General Court of Justice.
(4)	The judicial service of the justice or judge ended within the preceding 15 years.
(5)	The justice or judge has applied to the Governor for appointment as an emergency recall judge of the Court of Appeals in the same manner as is provided for application in G.S. 7A‑53. If the Governor is satisfied that the applicant meets the requirements of this section and is physically and mentally able to perform the duties of a judge of the Court of Appeals, the Governor shall issue a commission appointing the applicant as an emergency recall judge of the Court of Appeals until the applicant reaches the mandatory retirement age for judges of the Court of Appeals specified in G.S. 7A‑5(b).
Any former justice or judge of the Appellate Division of the General Court of Justice who otherwise meets the requirements of this section to be appointed an emergency recall judge of the Court of Appeals, but who has already reached the mandatory retirement age for judges of the Court of Appeals set forth in G.S. 7A‑5(b), may apply to the Governor to be appointed as an emergency recall judge of the Court of Appeals as provided in this section. If the Governor issues a commission to the applicant, the retired justice or judge is subject to recall as an emergency recall judge of the Court of Appeals as provided in this section."
SECTION 6.  Article 7 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A‑40.1.  Age limit for service as superior court judge; exception.
No superior court judge may continue in office beyond the last day of the year in which the superior court judge attains 72 years of age, but superior court judges so retired may be recalled for periods of temporary service as provided in this Subchapter."
SECTION 7.  G.S. 7A‑45.2 reads as rewritten:
"§ 7A‑45.2.  Emergency special judges of the superior court; qualifications, appointment, removal, and authority.
(a)	Any justice or judge of the appellate division of the General Court of Justice that meets each of the following requirements may apply to the Governor for appointment as an emergency special superior court judge in the same manner as is provided for application as an emergency superior court judge in G.S. 7A‑53:
(1)	Retires under the provisions of the Consolidated Judicial Retirement Act, Article 4 of Chapter 135 of the General Statutes, or who is eligible to receive a retirement allowance under that act.
(2)	Has not reached the mandatory retirement age specified in G.S. 7A‑5(b).
(3)	Has served at least five years as a superior court judge or five years as a justice or judge of the appellate division of the General Court of Justice, or any combination thereof, whether or not eligible to serve as an emergency justice or judge of the appellate division of the General Court of Justice.
(4)	Whose judicial service ended within the preceding 10 years.
If the Governor is satisfied that the applicant meets the requirements of this section and is physically and mentally able to perform the duties of a superior court judge, the Governor shall issue a commission appointing the applicant as an emergency special superior court judge until the applicant reaches the mandatory retirement age for superior court judges specified in G.S. 7A‑40.1.
(b)	Any emergency special superior court judge appointed as provided in this section shall:
(1)	Have the same powers and duties, when duly assigned to hold court, as provided for an emergency superior court judge by G.S. 7A‑48.
(2)	Be subject to assignment in the same manner as provided for an emergency superior court judge by G.S. 7A‑46 and G.S. 7A‑52(a).
(3)	Receive the same compensation, expenses, and allowances, when assigned to hold court, as an emergency superior court judge as provided by G.S. 7A‑52(b).
(4)	Be subject to the provisions and requirements of the Canons of Judicial Conduct.
(5)	Not engage in the practice of law during any period for which the emergency special superior court judgeship is commissioned. However, this subdivision shall not be construed to prohibit an emergency special superior court judge appointed pursuant to this section from serving as a referee, arbitrator, or mediator, during service as an emergency special superior court judge when the service does not conflict with or interfere with the emergency special superior court judge's judicial service in emergency status.
(c)	Upon reaching mandatory retirement age for superior court judges as set forth in G.S. 7A‑40.1, any emergency special superior court judge appointed pursuant to this section, whose commission has expired, may be recalled as a recalled emergency special superior court judge to preside over any regular or special session of the superior court if each of the following requirements is satisfied:
(1)	The judge shall consent to the recall.
(2)	The Chief Justice may order the recall.
(3)	Prior to ordering recall, the Chief Justice shall be satisfied that the recalled judge is capable of efficiently and promptly discharging the duties of the office to which recalled.
(4)	Jurisdiction of a recalled emergency special superior court judge is as set forth in G.S. 7A‑48.
(5)	Orders of recall and assignment shall be in writing and entered upon the minutes of the court to which the judge is assigned.
…
(d)	Any former justice or judge of the appellate division of the General Court of Justice who otherwise meets the requirements of subsection (a) of this section to be appointed an emergency special superior court judge but has already reached the mandatory retirement age for superior court judges set forth in G.S. 7A‑40.1 on retirement may, in lieu of serving as an emergency judge of the court from which he retired, apply to the Governor to be appointed as an emergency special superior court judge as provided in this section. If the Governor issues a commission to the applicant, the retired justice or judge is subject to recall as an emergency special superior court judge as provided in subsection (c) of this section.
…."
SECTION 8.  G.S. 7A‑52(a) reads as rewritten:
"(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‑40.1 and G.S. 7A‑140.1, respectively, but who have retired under the provisions of G.S. 7A‑51, or under the Uniform Judicial Retirement Act after having completed five years of creditable service, may apply as provided in G.S. 7A‑53 to become emergency judges of the court from which they retired. From the commissioned emergency district, superior, and special superior court judges, the Chief Justice of the Supreme Court shall create two lists of active emergency judges and two lists of inactive emergency judges. For emergency superior and special superior court judges, the active list shall be limited to a combined total of 10 emergency judges; all other emergency superior and special superior court judges shall be on an inactive list. For emergency district court judges, the active list shall be limited to 25 emergency judges; all other emergency district court judges shall be on an inactive list. There is no limit to the number of emergency judges on either inactive list. In the Chief Justice's discretion, emergency judges may be added or removed from their respective active and inactive lists, as long as the respective numerical limits on the active lists are observed. The Chief Justice is requested to consider geographical distribution in assigning emergency judges to an active list but may utilize any factor in determining which emergency judges are assigned to an active list. The Chief Justice of the Supreme Court may order any emergency district, superior, or special superior court judge on an active list who, in the Chief Justice's opinion, is competent to perform the duties of a judge and to hold regular or special sessions of the court from which the judge retired, as needed. Order of assignment shall be in writing and entered upon the minutes of the court to which the emergency judge is assigned. An emergency judge shall only be assigned in the event of a:
…."
SECTION 9.  G.S. 7A‑53 reads as rewritten:
"§ 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 the judge's written application to the Governor certifying the judge's 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 the applicant is physically and mentally able to perform the official duties of an emergency judge, the Governor shall issue to the applicant a commission as an emergency judge of the court from which the applicant 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‑40.1 or G.S. 7A‑140.1, whichever is applicable."
SECTION 10.  Article 14 of Chapter 7A of the General Statutes is amended by adding a new section to read:
"§ 7A‑140.1.  Age limit for service as district judge; exception.
No district judge may continue in office beyond the last day of the year in which the district judge attains 72 years of age, but district judges so retired may be recalled for periods of temporary service as provided in this Subchapter."
SECTION 11.  G.S. 7A‑170(b) reads as rewritten:
"(b)	No magistrate may continue in office beyond the last day of the year in which the magistrate reaches the mandatory retirement age for district judges specified in G.S. 7A‑140.1."
SECTION 12.  G.S. 135‑57(b) reads as rewritten:
"(b)	Any member who is a justice or judge of the General Court of Justice shall be automatically retired as of the last day of the calendar year in which the justice or judge reaches the maximum age for judicial service under G.S. 7A‑5(b), 7A‑40.1, or 7A‑140.1, whichever is applicable."
SECTION 13.  This act is effective when it becomes law and applies to justices, judges, and magistrates serving on or after that date, provided that nothing in this act shall be construed to automatically halt the retirement process of a justice, judge, or magistrate that has already initiated that process.