North Carolina § 7A-10 - Organization; compensation of justices.

§ 7A-10. Organization; compensation of justices.

The Supreme Court shall consist of a Chief Justice and six associate justices, elected by the qualified voters of the State for terms of eight years. Such election shall be under Article 25 of Chapter 163 of the General Statutes or Article 1A of this Chapter. Before entering upon the duties of the 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. The court may by rule hold sessions not more than twice annually in the City of Morganton; unless a more suitable site is identified by the court, the court shall meet in the Old Burke County Courthouse, the location of summer sessions of the Supreme Court from 1847-1862. The Chief Justice and each of the associate 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. In addition to the reimbursement for travel and subsistence expenses authorized by subsection (b) of this section, and notwithstanding G.S. 138-6, each justice whose permanent residence is at least 50 miles from the City of Raleigh shall also be reimbursed for the mileage the justice travels each week to the City of Raleigh from the justice's home for business of the court. The reimbursement authorized by this subsection shall be calculated for each justice by multiplying the actual round-trip mileage from that justice's home to the City of Raleigh by a rate-per-mile established by the Director of the Administrative Office of the Courts, but not to exceed the business standard mileage rate set by the Internal Revenue Service. 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, nineteen and two-tenths percent (19.2%) after 20 years of service, and twenty-four percent (24%) after 25 years of service. "Service" means service as a justice or judge of the General Court of Justice, as a member of the Utilities Commission, or as an administrative law judge. Service shall also mean service as a district attorney or as a clerk of superior court. History (1967, c. 108, s. 1; 1983, c. 761, s. 242; 1983 (Reg. Sess., 1984), c. 1034, s. 165; c. 1109, ss. 11, 13.1; 1985, c. 698, s. 10(a); 1997-56, s. 1; 2007-323, ss. 14.21(a), 28.18A(a); 2015-66, s. 2; 2015-89, s. 1; 2017-57, s. 35.4(d).) Elections for Judicial Offices 2018. - Session Laws 2017-214, s. 4(a), eliminated party primary elections for candidates for Justice of the Supreme Court, Judges of the Court of Appeals, superior court judges, and district court judges, for the November 6, 2018, general election, and s. 4(b)-(k) of that act provides for notices of candidacy, requirements, a timeline, filing fees, and method of determining the winner of each race. For full text of Session Laws 2017-214, s. 4(a)-(k), see note at G.S. 163A-970. Session Laws 2018-3, s. 2(a)-(d), as amended by Session Laws 2018-130, ss. 2, 3, provides: "The General Assembly finds that both chambers of the General Assembly have carefully examined judicial redistricting and the forms of judicial selection with multiple committees considering various proposals of selection and new judicial district maps. The General Assembly finds that, to allow for more time to thoughtfully consider these changes, the General Assembly enacted S.L. 2017-214, the Electoral Freedom Act of 2017, which, among other items, provided for a one-time cancellation of partisan primaries for the offices of district court judge, superior court judge, judges of the Court of Appeals, and Supreme Court justices for the 2018 election cycle. The General Assembly finds that all elections for judges in 2018 were to be treated uniformly under S.L. 2017-214, the Electoral Freedom Act of 2017, while those changes were considered. "The General Assembly notes that election to these offices will be held under a plurality election system, with candidates running under a political party label on the ballot, without having gone through a party primary. The General Assembly finds that ballot language above the sections of election ballots regarding these impacted offices setting forth that the listed party affiliation is only the self-identified party of a candidate at the time of filing will aid voters' understanding of the 2018 judicial races. "(b) For the 2018 general election, the State Board of Elections and Ethics Enforcement shall, notwithstanding G.S. 163A-1114(b)(2), list the following judicial offices at the end of all partisan offices listed on the general election ballot: "(1) Justices of the Supreme Court. "(2) Judges of the Court of Appeals. "(3) Judges of the superior courts. "(4) Judges of the district courts. "(c) Notwithstanding G.S. 163A-1112, immediately prior to the placement of the judicial offices listed in subsection (b) of this section on the ballot, the following information shall be printed: "No primaries for judicial office were held in 2018. The information listed by each of the following candidates' names indicates only the candidates' party affiliation or unaffiliated status on their voter registration at the time they filed to run for office. "(d) Except as provided in this section, ballot order for the judicial offices listed in subsection (b) of this section shall be as provided in Section 4(j) of S.L. 2017-214." Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Editor's Note. - Article 25 of Chapter 163 , referred to in subsection (a), was repealed by Session Laws 2017-3, s. 13, effective with respect to primaries held on or after 2018. For present provisions pertaining to nominations and elections, generally, see Articles 10 to 19 of Chapter 163 . Session Laws 2017-57, s. 18B.8, provides: "Notwithstanding G.S. 7A-10(a), in honor of the court's bicentennial celebration, the court may, by rule, hold sessions in any location across the State. This section only applies to the calendar years 2018 through 2020." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2007-323, ss. 14.21(a) and 28.18A(a), effective July 1, 2007, added subsection (b1) and in the first sentence of subsection (c), deleted "and" preceding "nineteen" and added "and twenty-four percent (24%) after 25 years of service" at the end. Session Laws 2015-66, s. 2, effective June 11, 2015, in subsection (a), added the second sentence, and substituted "the office" for "his office" in the third sentence. Session Laws 2015-89, s. 1, effective June 19, 2015, added the last sentence in subsection (a). Session Laws 2017-57, s. 35.4.(d), effective July 1, 2017, added "or as an administrative law judge" at the end of the second to last sentence in subsection (c); and made a stylistic change. Legal Periodicals. - For article, "Called to Duty: Justice William J. Gaston," see 94 N.C.L. Rev. 2051 (2016). For article, "Hitting the 'Bullseye' in Supreme Court Coverage: News Quality in the Courts," see 9 Elon L. Rev. 489 (2017). For comment, "Revival of Roosevelt: Analyzing Expansion of the Supreme Court of North Carolina in Light of the Resurgence of State 'Court-Packing' Plans," see 96 N.C.L. Rev. 1126 (2018).