North Carolina § 163-9 - Filling vacancies in State and district judicial offices.

§ 163-9. Filling vacancies in State and district judicial offices.

Vacancies occurring in the offices of Justice of the Supreme Court, judge of the Court of Appeals, and judge of the superior court for causes other than expiration of term shall be filled by appointment of the Governor. An appointee to the office of Justice of the Supreme Court or judge of the Court of Appeals shall hold office until January 1 next following the election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held for an eight-year term and until a successor is elected and qualified. Except for judges specified in the next paragraph of this subsection, an appointee to the office of judge of superior court shall hold his place until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill the unexpired term of the office. With only one resident judge; or In which no county is subject to section 5 of the Voting Rights Act of 1965, When the unexpired term of the office in which the vacancy has occurred expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office. Vacancies in the office of district judge which occur before the expiration of a term shall not be filled by election. Vacancies in the office of district judge shall be filled in accordance with G.S. 7A-142. Appointees for judges of the superior court from any district: shall hold the office until the next election of members of the General Assembly that is held more than 60 days after the vacancy occurs, at which time an election shall be held to fill an eight-year term. History (1901, c. 89, ss. 4, 73; Rev. s. 4299; C.S., s. 5920; 1967, c. 775, s. 1; 1969, c. 44, s. 81; 1979, c. 494; 1981, c. 763, s. 3; 1985 (Reg. Sess., 1986), c. 920, s. 6; 1995, c. 98, s. 1; 1996, 2nd Ex. Sess., c. 9, s. 21; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Local Modification. - Wake: 2015-4, s. 1(a). Cross References. - As to the constitutional amendments by Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, see N.C. Const., Art. III, § 7(3) and Art. IV, § 19. Editor's Note. - This section was recodified as now former G.S. 163A-717 by Session Laws 2017-6, s. 3. Former G.S. 163A-717 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 1985 (Reg. Sess., 1986), c. 920, s. 6, effective January 1, 1987, but only upon approval by the voters of the constitutional amendments set forth in Session Laws 1985 (Reg. Sess., 1986), c. 920, ss. 1 and 2, substituted "60 days" for "30 days" in the second sentence of the first paragraph. The constitutional amendments were approved at the election held November 4, 1986. Session Laws 1995, c. 98, s. 2, effective May 23, 1995, specified the terms of all duly elected judges of the Supreme Court and Judges of the Court of Appeals who were not already serving full eight year terms of office. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.