GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 240
Short Title: GA Appoint for District Court Vacancies. |
(Public) |
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Sponsors: |
Representatives Burr, K. Hall, Saine, and Bumgardner (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Elections and Ethics Law |
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March 6, 2017
A BILL TO BE ENTITLED
AN ACT to Provide that district court vacancies shall be filled by appointment of the general assembly.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A‑142 reads as rewritten:
"§ 7A‑142. Vacancies in office.
A Pursuant to the authority granted in Section 10 of Article
IV of the North Carolina Constitution, a vacancy
in the office of district judge shall be filled for the unexpired term by
appointment of the Governor. The bar of the judicial district, as defined in
G.S. 84‑19, shall nominate five persons who are residents of the judicial
district who are duly authorized to practice law in the district for
consideration by the Governor. The nominees shall be selected by vote of only
those bar members who reside in the district. In the event fewer than five
persons are nominated, upon providing the nominations to the Governor, the bar
shall certify that there were insufficient nominations in the district to
comply with this section. Prior to filling the vacancy, the Governor shall give
due consideration to the nominations provided by the bar of the judicial
district.General Assembly. When the General Assembly is in session,
appointments shall be made by enactment of a bill. The bill shall state the
name of the person appointed, the office to which the appointment is being
made, and the county of residence of the appointee. If a vacancy in the office
of district judge occurs while the General Assembly is not in session, the
Speaker of the House and the President Pro Tempore may leave the vacancy in
place until the reconvening of the General Assembly or jointly submit the name
of a nominee, who is duly authorized to practice law in the district where the
vacancy occurs, to the Governor. The Governor shall then confirm the nominee no
later than 10 days after the nomination has been submitted."
SECTION 2. This act is effective when it becomes law.