North Carolina § 164-14 - Membership; appointments; terms; vacancies.

§ 164-14. Membership; appointments; terms; vacancies.

The Commission shall consist of 13 members, who shall be appointed as follows: One member, by the president of the North Carolina State Bar. One member, by the General Statutes Commission. One member, by the dean of the school of law of the University of North Carolina. One member, by the dean of the school of law of Duke University. One member, by the dean of the school of law of Wake Forest University. One member, by the Speaker of the House of Representatives of each General Assembly from the membership of the House. One member, by the President Pro Tempore of the Senate of each General Assembly from the membership of the Senate. Two members, by the Governor. One member, by the dean of the school of law of North Carolina Central University. One member by the president of the North Carolina Bar Association. One member, by the dean of the school of law of Campbell University. One member, by the dean of the school of law of Elon University. Repealed by Session Laws 2019-76, s. 32.1, effective July 1, 2019. Repealed by Session Laws 2019-76, s. 32.1, effective July 1, 2019. Appointments by the president of the North Carolina State Bar, the General Statutes Commission, and the deans of the schools of law of North Carolina Central University, Duke University, Elon University, the University of North Carolina, and Wake Forest University shall be made in the even-numbered years, and appointments made by the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the president of the North Carolina Bar Association, the dean of the school of law of Campbell University, and the Governor shall be made in the odd-numbered years. Appointments shall be made for two-year terms beginning September 1 of the year when the appointments are to become effective and expiring August 31 two years thereafter. If a member of the Commission resigns, dies, or ceases to be a member for any other reason, a vacancy exists with respect to that appointment and the original appointing authority shall appoint a new member to fill the unexpired term. All appointments shall be reported to the secretary of the Commission. Notwithstanding the expiration of the term of the appointment, the terms of members of the General Statutes Commission shall continue until the appointment of a successor has been made and reported to the secretary of the Commission. This subsection does not apply when a member is continuing to serve under subsection (f) of this section. History (1945, cc. 157, 635; 1947, c. 114, s. 3; 1967, cc. 17, 1230; 1969, c. 541, s. 4; 1971, c. 1, ss. 1, 2; c. 76; 1975, c. 394, ss. 1, 2; 1977, c. 709, ss. 1, 2; 1991, c. 739, s. 33; 1995, c. 509, s. 119; 2009-550, s. 8(a); 2019-76, s. 32.1.) Editor's Note. - Session Laws 2009-550, s. 8(b), provides: "The initial appointment by the dean of the school of law for Elon University shall be for the term ending May 31, 2010. The initial appointment by the dean of the Charlotte School of Law (NC), Inc., shall be for the term ending May 31, 2011." Session Laws 2019-76, s. 3.2, provides: "The terms of the current members of the General Statutes Commission are extended to August 31 of the year in which they would otherwise expire." Effect of Amendments. - Session Laws 2009-550, s. 8(a), effective August 28, 2009, in subsection (a), substituted "14 members" for "12 members" and added subdivisions (12) and (13); in subsection (c), inserted "Elon University," substituted "deans" for "dean," and inserted "and the Charlotte School of Law (NC), Inc." Session Laws 2019-76, s. 32.1, effective October 1, 2019, rewrote the section. Legal Periodicals. - For recent development, "The Supreme Court of North Carolina's Rulemaking Authority and the Struggle for Power: State v. Tutt," see 84 N.C. L. Rev. 2100 (2006).