North Carolina § 7A-41 - 1. District and set of districts defined; senior resident superior court judges and their authority.

§ 7A-41. 1. District and set of districts defined; senior resident superior court judges and their authority.

In this section and in any other law which refers to this section: "District" means any superior court district established by G.S. 7A-41 which consists exclusively of one or more entire counties; "Set of districts" means any set of two or more superior court districts established under G.S. 7A-41, none of which consists exclusively of one or more entire counties, but both or all of which include territory from the same county or counties and together comprise all of the territory of that county or those counties; "Regular resident superior court judge of the district or set of districts" means a regular superior court judge who is a resident judge of any of the superior court districts established under G.S. 7A-41 which comprise or are included in a district or set of districts as defined herein. There shall be one and only one senior resident superior court judge for each district or set of districts as defined in subsection (a) of this section, who shall be: Where there is only one regular resident superior court judge for the district, that judge; and Where there are two or more regular resident superior court judges for the district or set of districts, the judge who, from among all the regular resident superior court judges of the district or set of districts, has the most continuous service as a regular resident superior court judge; provided if two or more judges are of equal seniority, the oldest of those judges shall be the senior regular resident superior court judge. Where there is a set of districts, the Chief Justice of the Supreme Court shall designate one of the judges as senior resident superior court judge to serve in that capacity at the pleasure of the Chief Justice, if that set of districts are wholly contained in one county that is specified in law as the sole proper venue for certain actions. Senior resident superior court judges and regular resident superior court judges possess equal judicial jurisdiction, power, authority and status, but all duties placed by the Constitution or statutes on the resident judge of a superior court district, including the appointment to and removal from office, which are not related to a case, controversy or judicial proceeding and which do not involve the exercise of judicial power, shall be discharged, throughout a district as defined in subsection (a) of this section or throughout all of the districts comprising a set of districts so defined, for each county in that district or set of districts, by the senior resident superior court judge for that district or set of districts. That senior resident superior court judge alone among the superior court judges of that district or set of districts shall receive the salary and benefits of a senior resident superior court judge. A senior resident superior court judge for a district or set of districts as defined in subsection (a) of this section with two or more regular resident superior court judges, by notice in writing to the Administrative Officer of the Courts, may decline to exercise the authority vested in him by this section, in which event such authority shall be exercised by the regular resident superior court judge who, among the other regular resident superior court judges of the district or set of districts, is next senior in point of service or age, respectively. In the event a senior resident superior court judge for a district or set of districts with one or more regular resident superior court judges is unable, due to mental or physical incapacity, to exercise the authority vested in him by the statute, and the Chief Justice, in his discretion, has determined that such incapacity exists, the Chief Justice shall appoint an acting senior regular resident superior court judge from the other regular resident judges of the district or set of districts, to exercise, temporarily, the authority of the senior regular resident judge. Such appointee shall serve at the pleasure of the Chief Justice and until his temporary appointment is vacated by appropriate order. History (1987 (Reg. Sess., 1988), c. 1037, s. 2; 2010-105, s. 1; 2012-194, s. 63.5.) Editor's Note. - Session Laws 2009-451, s 15.13(b), provides: "In its March 1, 2010, report, the Office of Indigent Defense Services shall provide a progress report on the pilot program for alternative scheduling authorized by Section 14.1 of S.L. 2008-107. In its March 1, 2011, report, the Office of Indigent Defense Services shall provide a final report on that pilot program." Session Laws 2010-105, s. 2, provides, in part, that "each senior resident superior court judge seated on [October 1, 2010] in a multi-judge district shall continue to serve as senior resident superior court judge until that judge vacates the seat." Session Laws 2012-194, s. 72, made the amendments to this section by Session Laws 2012-194, s. 63.5, applicable to vacancies occurring on or after July 17, 2012. Effect of Amendments. - Session Laws 2010-105, s. 1, effective October 1, 2010, rewrote subdivision (b)(2), which formerly read: "Where there are two or more regular resident superior court judges for the district or set of districts, the judge who, from among all the regular resident superior court judges of the district or set of districts, has the most continuous service as a regular resident superior court judge; provided if two or more judges are of equal seniority, the oldest of those judges shall be the senior regular resident superior court judge." Session Laws 2012-194, s. 63.5, effective July 17, 2012, rewrote subdivision (b)(2); and added subdivision (b)(3). For applicability, see editor's note.