HB 34 — Remove Judicial Age Limit.

GENERAL ASSEMBLY OF NORTH CAROLINA H.B.SESSION 2021 H 1 HOUSE BILL 34 Short Title:

34 Jan 28, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30026-NDp-5B Short Title:

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 1, if favorable, Rules, Calendar, and Operations of the House February 2, 2021 A BILL TO BE ENTITLED ANACTTOREMOVETHEAGELIMITANACTTOREMOVETHEAGELIMITFORJUSTICESANDJUDGESOFTHEGENERAL FORJUSTICESANDJUDGESOFTHEGENERAL COURT OF JUSTICE AND MAGISTRATES.

7A-39.2,orundertheUniformJudicialRetirementActafterhaving7A-39.2,orundertheUniformJudicialRetirementActafterhavingcompleted completed 12 years of creditable service, may apply as provided in G.S.

7A-39.5 to recall emergencyemergencyjustices justices and underG.S.

*DRH30026-NDp-5B**H34-v-1* General Assembly Of North Carolina Session 2021 (1) If a vacancy exists on the Supreme Court, he the Chief Justice may recall an emergency or retired justice to serve on that court until the vacancy is filled in accordance with law.

Page 2 DRH30026-NDp-5BHouse Bill 34-First Edition General Assembly Of North Carolina Session 2021 (a) A retired justice or judge of the Appellate Division of the General Court of Justice is eligible to be appointed as an emergencyemergencyrecall recall judge of the Court of Appeals under the following circumstances:

If the Governor is satisfied that the applicant meets therequirements ofthis sectionandis physicallyphysicallyand and mentally able to perform the duties of a judge of the Court of Appeals, the Governor shall issue a commission appointing the applicant as an emergency recall judge of the Court of Appeals until the applicant reaches the mandatory retirement age for judges of the Court of Appeals specified in G.S.

7A-4.20, may apply to the Governor to be appointed as an emergencyemergencyrecall recall judge of the Court of Appeals as provided in this section.

DRH30026-NDp-5BHouse Bill 34-First Edition Page 3 General Assembly Of North Carolina Session 2021 (8) Emergency recall judges of the Court of Appeals shall be subject to rules adopted pursuant to G.S.

(a) Anyjusticeor judgeoftheappellatedivision ofthe General CourtofJustice who:who meets the criteria of subsection (a1) of this section may apply to the Governor for appointment as an emergency special superior court judge in the same manner as is provided for application as an emergencyemergencysuperior superior courtjudgein G.S.

7A-53.IftheGovernoris7A-53. satisfied that theapplicant meets the requirements of this section and is physically and mentally able to perform the duties of a superior court judge, the Governor shall issue a commission appointing the applicant as an emergency special superior court judge.

IftheGovernoris satisfiedthattheapplicant meets the requirements of this section and is physically and mentally able to perform the duties of a superior court judge, the Governor shall issue a commission appointing the applicant as an emergency special superior court judge.

(4) WhoseEndedWhose thejusticeEnded orjudge'sthejusticeorjudge's judicialservice ended withinthepreceding 10 years;years.

Page 4 DRH30026-NDp-5BHouse Bill 34-First Edition General Assembly Of North Carolina Session 2021 (3) Receive the same compensation, expenses, and allowances, when assigned to hold court, as an emergency superior court judge as provided by G.S.

(4) Jurisdiction of a recalled emergencyemergencyspecial special superior court judge is as set forth in G.S.

(d) Any former justice or judge of the appellate division of the General Court of Justice who otherwise meets the requirements of subsection (a) of this section to be appointed an emergencyemergencyspecial special superior court judge but has already reached the mandatory retirement age for superior court judges set forth in G.S.

If there is no designation by the Chief Justice, the judge with the longest term of service on the court shall serve as Chief Business Court Judge until the Chief Justice makes an appointment to DRH30026-NDp-5BHouse Bill 34-First Edition Page 5 General Assembly Of North Carolina Session 2021 the position.

1A-1, Rule 12, 56, 59, or 60, or any order finallyfinallydisposingof disposingacomplex ofacomplex business case,otherthananordercase,otherthanan order effectinga settlement agreement or jury verdict." SECTION 9.

Retired districtand superiorcourtjudges maymaybecome becomeemergencyjudgesemergencyjudges subject to recall to active service;

all other emergencyemergencysuperior superior and special superior court judges shall be on an inactive list.

Order of assignment shall be in writing and entered upon the minutes of the court to which such the emergencyemergencyjudge judge is assigned.

An emergencyemergencyjudge judge assigned to hear and decide complex business casesshallnotbecountedinthecombinedtotalofactiveemergencysuperiorandspecialsuperior court judges described in subsection (a) of this section.

7A-52(a) to become an emergency judge and that he the applicant is physically and Page 6 DRH30026-NDp-5BHouse Bill 34-First Edition General Assembly Of North Carolina Session 2021 mentally able to perform the official duties of an emergency judge, he the Governor shall issue to such the applicant a commission as an emergency judge of the court from which he the applicant retired.

DRH30026-NDp-5BHouse Bill 34-First Edition Page 7