North Carolina § 7A-140 - Number; election; term; qualification; oath.

§ 7A-140. Number; election; term; qualification; oath.

There shall be at least one district judge for each district. Each district judge shall be elected by the qualified voters of the district court district in which he or she is to serve at the time of the election for members of the General Assembly. The number of judges for each district shall be determined by the General Assembly. Each judge shall be a resident of the district for which elected, and shall serve a term of four years, beginning on the first day in January next after election. Each district judge shall devote his or her full time to the duties of the office. He or she shall not practice law during the term, nor shall he or she during such term be the partner or associate of any person engaged in the practice of law. Before entering upon his or her duties, each district judge, in addition to other oaths prescribed by law, shall take the oath of office prescribed for a judge of the General Court of Justice. History (1965, c. 310, s. 1; 1969, c. 1190, s. 11; 2005-425, s. 3.1.) 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." Sessions Laws 2018-121, s. 6, provides: "Other than the filing period, the election for the office of judge for Superior Court District 19D and District Court District 20A shall be held in accordance with Section 4 of S.L. 2017-214, as amended. Candidates seeking the office of judge for Superior Court District 19D or District Court District 20A shall file their notice of candidacy with the State Board of Elections and Ethics Enforcement no earlier than 12:00 noon on July 9, 2018, and no later than 12:00 noon on July 13, 2018." Editor's Note. - An amendment to this section by Session Laws 1981, c. 504, s. 6, was made effective upon certification of approval of the constitutional amendments proposed by ss. 1-3 of the act. The constitutional amendments were submitted to the people at an election held June 29, 1982, and were defeated. The 1981 amendment to this section therefore never went into effect. Session Laws 2010-106, s. 1, provides: "The North Carolina Supreme Court is respectfully requested to adopt rules establishing minimum standards of education and training for district court judges in handling civil and criminal domestic violence cases." Session Laws 2010-106, s. 2, provides: "The University of North Carolina School of Government is encouraged to provide education and training opportunities for district court judges and magistrates in the handling of civil and criminal domestic violence cases."