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Chapter 7A. Judicial Department. SUBCHAPTER I. GENERAL COURT of JUSTICE

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Chapter 7A. Judicial Department. SUBCHAPTER I. GENERAL COURT of JUSTICE Chapter 7A. Judicial Department. SUBCHAPTER I. GENERAL COURT OF JUSTICE. Article 1. Judicial Power and Organization. § 7A-1. Short title. This Chapter shall be known and may be cited as the "Judicial Department Act of 1965." (1965, c. 310, s. 1.) § 7A-2. Purpose of Chapter. This Chapter is intended to implement Article IV of the Constitution of North Carolina and promote the just and prompt disposition of litigation by: (1) Providing a new chapter in the General Statutes into which, at a time not later than January 1, 1971, when the General Court of Justice is fully operational in all counties of the State, all statutes concerning the organization, jurisdiction and administration of each division of the General Court of Justice may be placed; (2) Amending certain laws with respect to the superior court division to conform them to the laws set forth in this Chapter, to the end that each trial division may be a harmonious part of the General Court of Justice; (3) Creating the district court division of the General Court of Justice, and the Administrative Office of the Courts; (4) Establishing in accordance with a fixed schedule the various district courts of the district court division; (5) Providing for the organization, jurisdiction and procedures necessary for the operation of the district court division; (6) Providing for the financial support of the judicial department, and for uniform costs and fees in the trial divisions of the General Court of Justice; (7) Providing for an orderly transition from the present system of courts to a uniform system completely operational in all counties of the State not later than January 1, 1971; (8) Repealing certain laws inconsistent with the foregoing purposes; and (9) Effectuating other purposes incidental and supplemental to the foregoing enumerated purposes. (1965, c. 310, s. 1.) § 7A-3. Judicial power; transition provisions. Except for the judicial power vested in the court for the trial of impeachments, and except for such judicial power as may from time to time be vested by the General Assembly in administrative agencies, the judicial power of the State is vested exclusively in the General Court of Justice. Provided, that all existing courts of the State inferior to the superior courts, including justice of the peace courts and mayor's courts, shall continue to exist and to exercise the judicial powers vested in them by law until specifically abolished by law, or until the establishment within the county of their situs of a district court, or until January 1, 1971, whichever event shall first occur. Judgments of inferior courts which cease to exist under the provisions of this section continue in force and NC General Statutes - Chapter 7A 1 effect as though the issuing court continued to exist, and the General Court of Justice is hereby vested with jurisdiction to enforce such judgments. (1965, c. 310, s. 1.) § 7A-4. Composition and organization. The General Court of Justice constitutes a unified judicial system for purposes of jurisdiction, operation and administration, and consists of an appellate division, a superior court division, and a district court division. (1965, c. 310, s. 1.) Article 1A. Retention Elections. § 7A-4.1. Retention elections. (a) A Justice of the Supreme Court who was elected to that office by vote of the voters who desires to continue in office shall be subject to approval by the qualified voters of the whole State in a retention election at the general election immediately preceding the expiration of the elected term. Approval shall be by a majority of votes cast on the issue of the justice's retention in accordance with this Article. (b) If a Justice of the Supreme Court was appointed to fill a vacancy to that office, then the next election for that office shall be by ballot as provided by Article 25 of Chapter 163 of the General Statutes. Following that election, the justice shall be eligible for retention election as provided for in this Article. (c) A justice seeking retention shall indicate the desire to continue in office by filing a notice to that effect with the State Board of Elections no later than 12:00 noon on the first business day of July in the year prior to the general election immediately preceding the expiration of the elected term. The notice shall be on a form provided by the State Board of Elections. Notice may be withdrawn at any time prior to December 15 of that year. If no retention notice is filed, or if it is filed and timely withdrawn, then an election shall be held the next year to elect a successor in accordance with Article 25 of Chapter 163 of the General Statutes. (d) At the time of filing the notice under this Article, the justice shall pay to the State Board of Elections a filing fee for the office the candidate seeks in the amount of one percent (1%) of the annual salary of the office sought. (e) Except as provided for in this Article, retention elections shall be conducted and canvassed in accordance with rules of the State Board of Elections in the same general manner as general elections under Chapter 163 of the General Statutes. The State Board of Elections shall certify the results. (f) The question on the ballot shall be substantially in the following form, as appropriate: Justices of the Supreme Court. "[ ] FOR [ ] AGAINST The retention of [name of Justice] on the North Carolina Supreme Court for a new term of eight years." NC General Statutes - Chapter 7A 2 (g) If a person who has filed a notice of intent for a retention election dies or is removed from office prior to the time that the ballots are printed, the retention election is cancelled and the vacancy shall be filled as provided by law. If a person who has filed a notice calling a retention election dies or is removed from office after the ballots are printed, the State Board of Elections may cancel the retention election if it determines that the ballots can be reprinted without significant expense. If the ballots cannot be reprinted, then the results of the retention election shall be ineffective. (2015-66, s. 1; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) § 7A-4.2. Retention approval; failure to retain. (a) If the voters vote to approve the retention in office, the justice shall be retained for a new eight-year term. (b) If the voters fail to approve the retention in office, the office shall be deemed vacant at the end of the term of office, and the vacancy shall be filled as provided by law. (2015-66, s. 1.) § 7A-4.3. Reserved for future codification purposes. § 7A-4.4. Reserved for future codification purposes. § 7A-4.5. Reserved for future codification purposes. § 7A-4.6. Reserved for future codification purposes. § 7A-4.7. Reserved for future codification purposes. § 7A-4.8. Reserved for future codification purposes. § 7A-4.9. Reserved for future codification purposes. § 7A-4.10. Reserved for future codification purposes. § 7A-4.11. Reserved for future codification purposes. § 7A-4.12. Reserved for future codification purposes. § 7A-4.13. Reserved for future codification purposes. § 7A-4.14. Reserved for future codification purposes. § 7A-4.15. Reserved for future codification purposes. § 7A-4.16. Reserved for future codification purposes. NC General Statutes - Chapter 7A 3 § 7A-4.17. Reserved for future codification purposes. § 7A-4.18. Reserved for future codification purposes. § 7A-4.19. Reserved for future codification purposes. Article 1B. Age Limits for Service as Justice or Judge. § 7A-4.20. Age limit for service as justice or judge: exception. No justice or judge of the General Court of Justice may continue in office beyond the last day of the month in which he attains his seventy-second birthday, but justices and judges so retired may be recalled for periods of temporary service as provided in Subchapters II and III of this chapter. (1971, c. 508, s. 1; c. 1194; 1973, c. 248; 1977, c. 736, s. 5; 1981, c. 455, s. 1; 1991 (Reg. Sess., 1992), c. 873, s. 1.) § 7A-4.21. Validation of official actions of district court judges of twenty-fifth judicial district performed after mandatory retirement age. No official action performed by any judge of the twenty-fifth judicial district of the district court division of the General Court of Justice shall be declared to be invalid by reason of the fact that the judge was beyond the mandatory retirement age set out in G.S. 7A-4.20 at the time of his performing any such act; provided this section shall only apply to those official actions performed prior to May 1, 1977. (1977, c. 389.) SUBCHAPTER II. APPELLATE DIVISION OF THE GENERAL COURT OF JUSTICE. Article 2. Appellate Division Organization. § 7A-5. Organization. The appellate division of the General Court of Justice consists of the Supreme Court and the Court of Appeals. (1965, c. 310, s. 1; 1967, c. 108, s. 1.) § 7A-6. Appellate division reporters; reports. (a) The Supreme Court shall appoint one or more reporters for the appellate division, to serve at its pleasure. It shall be the duty of the reporters to prepare for publication the opinions of the Supreme Court and the Court of Appeals. The salary of the reporters shall be fixed by the Administrative Officer of the Courts, subject to the approval of the Supreme Court. (b) The Administrative Officer of the Courts shall contract for the printing of the reports of the Supreme Court and the Court of Appeals, and for the advance sheets of each court.
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