North Carolina § 7A-171 - 2. Qualifications for nomination or renomination.

§ 7A-171. 2. Qualifications for nomination or renomination.

In order to be eligible for nomination or for renomination as a magistrate an individual shall be a resident of the county for which he is appointed. To be eligible for nomination as a magistrate, an individual shall have at least eight years' experience as the clerk of superior court in a county of this State or shall have a four-year degree from an accredited senior institution of higher education or shall have a two-year associate degree and four years of work experience in a related field, including teaching, social services, law enforcement, arbitration or mediation, the court system, or counseling. The Administrative Officer of the Courts may determine whether the work experience is sufficiently related to the duties of the office of magistrate for the purposes of this subsection. In determining whether an individual's work experience is in a related field, the Administrative Officer of the Courts shall consider the requisite knowledge, skills, and abilities for the office of magistrate. In order to be eligible for renomination as a magistrate an individual shall have successfully completed the course of basic training for magistrates prescribed by G.S. 7A-177. Notwithstanding any other provision of this subsection, an individual who holds the office of magistrate on July 1, 1977, shall not be required to have successfully completed the course of basic training for magistrates prescribed by G.S. 7A-177 in order to be eligible for renomination as a magistrate. The eligibility requirements prescribed by this subsection do not apply to individuals holding the office of magistrate on June 30, 1994, and do not apply to individuals who have been nominated by June 30, 1994, but who have not been appointed or taken the oath of office by that date. History (1977, c. 945, s. 6; 1993 (Reg. Sess., 1994), c. 769, s. 7.13(a); 2003-381, s. 1.) Editor's Note. - G.S. 135-40.2, referred to in subdivision (a)(2), was recodified as G.S. 135-39.14 by Session Laws 2008-168, s. 3(f), effective July 1, 2008, and has been renumbered as G.S. 135-45.2 at the direction of the Revisor of Statutes. Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 7.13(d), provides: "Notwithstanding the provisions of G.S. 7A-171.1 or G.S. 7A-171.2, as rewritten by this act, any magistrate hired on or after July 1, 1994 and before the date of ratification of this act [July 16, 1994] shall be treated as though they were employed on June 30, 1994, if the magistrate does not possess the educational and experience qualifications required by this section." Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 1994.'" Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 43.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1994-95 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1994-95 fiscal year." Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 43.5, is a severability clause. Legal Periodicals. - For article discussing 1983 amendments to the Federal Rules of Civil Procedure relative to magistrate practice, comparing state court magistrate practice, and making certain suggestions, see 20 Wake Forest L. Rev. 819 (1984). Opinions of Attorney General No Continued Residence Requirements. - Continued residence in the county for which a magistrate is appointed is not a prerequisite to remain in the office of magistrate for the term of the appointment. See opinion of Attorney General to Mr. David A. Phillips, Attorney at Law, 1997 N.C.A.G. 61 (10/8/97).