North Carolina General Statutes 7A-57. Recall of active and emergency trial judges who have reached mandatory retirement age
Superior and district court judges retired because they have reached the mandatory retirement age, and emergency superior and district court judges whose commissions have expired because they have reached the mandatory retirement age, may be recalled to preside over regular or special sessions of the court from which retired under the following circumstances:
(1) The judge must consent to the recall.
Terms Used In North Carolina General Statutes 7A-57
- emergency judge: means any judge of the superior court who has retired subject to recall to active service for temporary duty. See North Carolina General Statutes 7A-50
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The Chief Justice is authorized to order the recall.
(3) Prior to ordering recall, the Chief Justice shall be satisfied that the judge is capable of efficiently and promptly discharging the duties of the office to which recalled.
(4) Jurisdiction of a recalled retired superior court judge is as set forth in N.C. Gen. Stat. § 7A-48, and jurisdiction of a recalled retired district court judge is as set forth in N.C. Gen. Stat. § 7A-53.1
(5) Orders of recall and assignment shall be in writing and entered upon the minutes of the court to which assigned.
(6) Compensation of recalled retired trial judges is the same as for recalled emergency trial judges under N.C. Gen. Stat. § 7A-52(b).
(7) Recalled emergency judges who served as a senior business court judge and whose commission expired upon reaching the mandatory retirement age may be recalled by the Chief Justice and assigned to hear and decide complex business cases as a senior business court judge for up to five years from the issuance date of their commission under N.C. Gen. Stat. § 7A-53
(8) The emergency judge is listed as active on the list described in N.C. Gen. Stat. § 7A-52(a). This does not apply to an emergency judge who qualifies under subdivision (7) of this section. (1981, ch. 455, s. 4; 2016-91, s. 4; 2017-57, s. 18B.11(c).)