H906: Remove Cap on Number of Emergency Judges. Latest Version

2021-2022

House
Passed 1st Reading



AN ACT to remove the restrictions on the number of emergency judges that may be listed on an emergency judge active list and to appropriate funds.

The General Assembly of North Carolina enacts:

SECTION 1.  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‑4.20, 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 both 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 judges and 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 there is no limit to the number of emergency judges on either the active or 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. lists. 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 his opinion, is competent to perform the duties of a judge, 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 such emergency judge is assigned. An emergency judge shall only be assigned in the event of a:

….

SECTION 2.  There is appropriated from the General Fund to the Administrative Office of the Courts the sum of one hundred thousand dollars ($100,000) in nonrecurring funds for each year of the 2021‑2023 fiscal biennium to be used to pay for the use of emergency judges that will likely increase as a result of the legislative changes made in Section 1 of this act.

SECTION 3.  Section 2 of this act becomes effective July 1, 2021. The remainder of this act is effective when it becomes law.