GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2010-105
HOUSE BILL 1398
AN ACT to change the method for determining the senior resident superior court judge for a district.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A-41.1(b) reads as rewritten:
"(b) There shall be one and only one senior resident superior court judge for each district or set of districts as defined in subsection (a) of this section, who shall be:
(1) Where there is only one regular resident superior court judge for the district, that judge; and
(2)
Where there are two or more regular resident superior court judges for the
district or set of districts, the judge who, from among all the regular
resident superior court judges of the district or set of districts, has the
most continuous service as a regular resident superior court judge; provided if
two or more judges are of equal seniority, the oldest of those judges shall be
the senior regular resident superior court judge.the Chief Justice of
the Supreme Court shall designate one of the judges as senior resident superior
court judge to serve in that capacity at the pleasure of the Chief Justice. In
exercising the authority to appoint senior resident superior court judges pursuant
to this subdivision, the Chief Judge shall consider the seniority, experience,
and management competence of the regular resident superior court judges. In
addition, the Chief Justice shall consult with the regular resident
superior court judges, the chief district court judges, the members of the
district bar, the clerks of court, district attorneys, and public defenders
within the district."
SECTION 2. This act becomes effective October 1, 2010, but each senior resident superior court judge seated on that date in a multi-judge district shall continue to serve as senior resident superior court judge until that judge vacates the seat.
In the General Assembly read three times and ratified this the 10th day of July, 2010.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 3:15 p.m. this 20th day of July, 2010