Bill Summaries: H720 (2015-2016 Session)

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  • Summary date: Apr 20 2015 - View summary

    Subject to approval by the voters at the November 8, 2016, election, amends Sections 9 and 10 of Article IV of the North Carolina Constitution to make judges of the Superior Court and District Court appointed by the General Assembly and retained by the voters. Makes conforming changes to Section 16. Makes conforming changes. Sets out the ballot language.

    The following changes take effect only upon approval of the Constitutional amendment. If effective, the provisions apply to vacancies in district and superior court on and after January 1, 2018.

    Enacts new Article 1A, Appointment and Retention of Superior and District Court Judges, in GS Chapter 7A. Requires the General Assembly to appoint individuals to fill vacancies in superior court and distrct court judgeships by selecting from five candidates nominated by the Judicial Nomination Commission (Commission), or another qualified person. Establishes the 12-member Commission with members with specified qualifications appointed to the Commission by the Governor, President Pro Tempore of the Senate, and the Speaker of the House. Makes all retired Chief Justices nonvoting members and sets membership terms at four years. Requires the General Assembly, in making their appointments, to consider an even balance of party affiliation; law practice background, area, and setting; race and ethnicity; gender; and geography. Sets out the Commission's duties. Sets out the procedure for the Commission to follow in making their nominations. Requires the General Assembly's appointment to be made in legislation that contains specified information. Provides that the internal files and information obtained by the Commission while examining potential nominees are not public records until a recommendation is made to the General Assembly. Makes nominations, the Commission's vote on those nominees, and Commission reports public record.

    Provides that it a judge of superior or district court is appointed to the office, then the next election to that office must be by ballot. Requires a superior or district court judge who was elected to the office who wants to continue in the office be subject to approval at the general election immediately preceding the expiration of the term. Specifies the procedure for filing to run in the election and specifies the ballot language. If voters do not approve the retention of that judge, then the office becomes vacant at the end of the term to be filled by appointment; when a judge is retained in office the Governor is required to issue a commission attesting to that fact. 

    Makes conforming changes to various statutes in GS Chapter 7A, 143, and 163.