349 sections in this chapter.
N.C. Gen. Stat. § 7A-38.5 Community mediation centers
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(a) The General Assembly finds that it is in the public interest to encourage the establishment of community mediation centers, also known as dispute settlement centers or dispute resolution centers, to support the work of these centers in facilitating communication, understandin…
N.C. Gen. Stat. § 7A-38.7 Dispute resolution fee for cases referred to mediation
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(a) In each criminal case filed in the General Court of Justice that is referred to a community mediation center, a dispute resolution fee shall be assessed in the sum of sixty dollars ($60.00) per mediation of that criminal case, in accordance with subsection (c) of this section…
N.C. Gen. Stat. § 7A-39 Cancellation of court sessions and closing court offices; extension of statutes of limitations and other emergency orders in catastrophic conditions
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(a) Cancellation of Court Sessions, Closing Court Offices. - In response to adverse weather or other emergency situations, including catastrophic conditions, any session of any court of the General Court of Justice may be cancelled, postponed, or altered by judicial officials, an…
N.C. Gen. Stat. § 7A-39.1 Justice, emergency justice, judge and emergency judge defined
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(a) As herein used "justice of the Supreme Court" includes the Chief Justice of the Supreme Court and "judge of the Court of Appeals" includes the Chief Judge of the Court of Appeals, unless the context clearly indicates a contrary intent. (b) As used herein, "emergency justice",…
N.C. Gen. Stat. § 7A-39.10 Article applicable to previously retired justices
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All provisions of this Article shall apply to every justice of the Supreme Court who has heretofore retired and is receiving compensation as an emergency justice. (1967, c. 108, s. 1.)
N.C. Gen. Stat. § 7A-39.11 Retirement on account of total and permanent disability
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Every justice of the Supreme Court or judge of the Court of Appeals who has served for eight years or more on the Supreme Court, the Court of Appeals, or the superior court, or as Administrative Officer of the Courts, or in any combination of these offices, and who while in activ…
N.C. Gen. Stat. § 7A-39.12 § 7A-39.12
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Applicability of §
N.C. Gen. Stat. § 7A-39.13 Recall of active and emergency justices and judges who have reached mandatory retirement age
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Justices and judges retired because they have reached the mandatory retirement age, and emergency justices and judges whose commissions have expired because they have reached the mandatory retirement age, may be temporarily recalled to active service under the following circumsta…
N.C. Gen. Stat. § 7A-39.14 Recall by Chief Justice of retired or emergency justices or judges for temporary vacancy
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(a) In addition to the authority granted to the Chief Justice under G.S. 7A-39.5 to recall emergency justices and under G.S. 7A-39.13 to recall retired justices, the Chief Justice may recall not more than one retired or emergency justice or retired emergency judge of the Court of…
N.C. Gen. Stat. § 7A-39.15 Emergency recall judges of the Court of Appeals
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(a) A retired justice or judge of the Appellate Division of the General Court of Justice is eligible to be appointed as an emergency recall judge of the Court of Appeals if the justice or judge meets each of the following requirements: (1) The justice or judge has retired under t…
N.C. Gen. Stat. § 7A-39.2 Age and service requirements for retirement of justices of the Supreme Court and judges of the Court of Appeals
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(a) Any justice of the Supreme Court or judge of the Court of Appeals who has attained the age of 65 years, and who has served for a total of 15 years, whether consecutive or not, on the Supreme Court, the Court of Appeals, or the superior court, or as Administrative Officer of t…
N.C. Gen. Stat. § 7A-39.3 Retired justices and judges may become emergency justices and judges subject to recall to active service; compensation for emergency justices and judges on recall
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(a) Justices of the Supreme Court and judges of the Court of Appeals who have not reached the mandatory retirement age specified in G.S. 7A-5(b), but who have retired under the provisions of G.S. 7A-39.2, or under the Uniform Judicial Retirement Act after having completed 12 year…
N.C. Gen. Stat. § 7A-39.4 Retirement creates vacancy
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The retirement of any justice of the Supreme Court or any judge of the Court of Appeals under the provisions of this Article shall create a vacancy in his office to be filled as provided by law. (1967, c. 108, s. 1.)
N.C. Gen. Stat. § 7A-39.5 Recall of emergency justice or emergency judge upon temporary incapacity of a justice or judge
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(a) Upon the request of any justice of the Supreme Court who has been advised in writing by a reputable and competent physician that he is temporarily incapable of performing efficiently and promptly all the duties of his office, the Chief Justice may recall any emergency justice…
N.C. Gen. Stat. § 7A-39.6 Application to the Governor; commission as emergency justice or emergency judge
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No retired justice of the Supreme Court or retired judge of the Court of Appeals may become an emergency justice or emergency judge except upon his written application to the Governor certifying his desire and ability to serve as an emergency justice or emergency judge. If the Go…
N.C. Gen. Stat. § 7A-39.7 Jurisdiction and authority of emergency justices and emergency judges
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An emergency justice or emergency judge shall not have or possess any jurisdiction or authority to hear arguments or participate in the consideration and decision of any cause or perform any other duty or function of a justice of the Supreme Court or judge of the Court of Appeals…
N.C. Gen. Stat. § 7A-39.8 Court authorized to adopt rules
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The Supreme Court shall prescribe rules respecting the filing of opinions prepared by an emergency justice or an emergency judge after his period of temporary service has expired, and any other matter deemed necessary and consistent with the provisions of this Article. (1967, c. …
N.C. Gen. Stat. § 7A-39.9 Chief Justice and Chief Judge may recall and terminate recall of justices and judges; procedure when Chief Justice or Chief Judge incapacitated
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(a) Decisions of the Chief Justice and the Chief Judge regarding recall of emergency justices and emergency judges, when not in conflict with the provisions of this Article, are final. (b) The Chief Justice or Chief Judge, may, at any time, in his discretion, cancel any order of …
N.C. Gen. Stat. § 7A-4 Composition and organization
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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.)
N.C. Gen. Stat. § 7A-4.1 Retention elections
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(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 o…
N.C. Gen. Stat. § 7A-4.2 Retention approval; failure to retain
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(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 pr…
N.C. Gen. Stat. § 7A-40 Composition; judicial powers of clerk
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The Superior Court Division of the General Court of Justice consists of the several superior courts of the State. The clerk of superior court in the exercise of the judicial power conferred upon him as ex officio judge of probate, and in the exercise of other judicial powers conf…
N.C. Gen. Stat. § 7A-40.1 Age limit for service as superior court judge; exception
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No superior court judge may continue in office beyond the last day of the calendar year in which the superior court judge attains 72 years of age, but superior court judges so retired may be recalled for periods of temporary service as provided in this Subchapter. (2023-134, s. 1…
N.C. Gen. Stat. § 7A-41 Superior court divisions and districts; judges
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(a) (Effective until January 1, 2029) The counties of the State are organized into judicial divisions and superior court districts, and each superior court district has the counties, and the number of regular resident superior court judges set forth in the following table, and fo…
N.C. Gen. Stat. § 7A-41.1 District and set of districts defined; senior resident superior court judges and their authority
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(a) In this section and in any other law which refers to this section: (1) "District" means any superior court district established by G.S. 7A-41 which consists exclusively of one or more entire counties; (2) "Set of districts" means any set of two or more superior court district…
N.C. Gen. Stat. § 7A-41.2 Nomination and election of regular superior court judges
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Candidates for the office of regular superior court judge shall be both nominated and elected by the qualified voters of the superior court district for which the election is sought. (1996, 2nd Ex. Sess., c. 9, s. 1.)
N.C. Gen. Stat. § 7A-410 Vacancy exists on disbarment
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When a judge of the district court, judge of the superior court, judge of the Court of Appeals, justice of the Supreme Court, or a district attorney is no longer authorized to practice law in the courts of this State, the Governor shall declare the office vacant. Prior to making …
N.C. Gen. Stat. § 7A-410.1 Suspension of salary
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When a justice, judge, or district attorney has been disbarred or suspended from the practice of law under G.S. 84-28 but the office has not been declared vacant under G.S. 7A-410, the salary of the justice, judge, or district attorney is suspended immediately. If the order of di…
N.C. Gen. Stat. § 7A-411 Establishment and purpose
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There is created the Conference of District Attorneys of North Carolina, of which every district attorney in North Carolina is a member. The purpose of the Conference is to assist in improving the administration of justice in North Carolina by coordinating the prosecution efforts…
N.C. Gen. Stat. § 7A-412 Annual meetings; organization; election of officers
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(a) Annual Meetings. - The Conference shall meet annually at a time and place selected by the President of the Conference. (b) Election of Officers. - Officers of the Conference are a President, a President-elect, a Vice-president, and other officers from among its membership tha…
N.C. Gen. Stat. § 7A-413 Powers of Conference
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(a) The Conference may: (1) Cooperate with citizens and other public and private agencies to promote the effective administration of criminal justice. (2) Assist prosecutors in the effective prosecution and trial of criminal offenses, and develop an advisory trial manual. (3) Dev…
N.C. Gen. Stat. § 7A-414 Executive Director; clerical support
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The Conference shall employ an Executive Director and any necessary supporting staff to assist it in carrying out its duties. The Executive Director shall be an attorney licensed and eligible to practice in the courts of this State at the time of appointment and at all times duri…
N.C. Gen. Stat. § 7A-415 Resource prosecutors
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The Conference of District Attorneys may employ resource prosecutors as appointed by the executive director. A resource prosecutor shall be an attorney licensed and eligible to practice in the courts of this State and shall serve at the pleasure of the executive director. A resou…
N.C. Gen. Stat. § 7A-416 Conference of District Attorneys legislative liaison
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The Conference of District Attorneys may designate liaison personnel to lobby for legislative action in accordance with Article 5 of Chapter 120C of the General Statutes. (2023-103, s. 6(a).)
N.C. Gen. Stat. § 7A-42 Sessions of superior court in cities other than county seats
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(a) Sessions of the superior court shall be held in each city in the State which is not a county seat and which has a population of 35,000 or more, according to the 1960 federal census. (a1) In addition to the sessions of superior court authorized by subsection (a) of this sectio…
N.C. Gen. Stat. § 7A-44 Salary and expenses of superior court judge
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(a) A judge of the superior court, regular or special, shall receive the annual salary set forth in the Current Operations Appropriations Act, and in addition shall be paid the same travel allowance as State employees generally by G.S. 138-6(a), provided that no travel allowance …
N.C. Gen. Stat. § 7A-44.1 Secretarial and clerical help
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(a) Each senior resident superior court judge may appoint a judicial secretary to serve at his pleasure and under his direction the secretarial and clerical needs of the superior court judges of the district or set of districts as defined by G.S. 7A-41.1(a) for which he is the se…
N.C. Gen. Stat. § 7A-45.1 Special judges
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(a) Effective November 1, 1993, the Governor may appoint two special superior court judges to serve terms expiring September 30, 2000. Effective October 1, 2000, one of those positions is abolished. Successors to the special superior court judge appointed pursuant to this subsect…
N.C. Gen. Stat. § 7A-45.2 Emergency special judges of the superior court; qualifications, appointment, removal, and authority
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(a) Any justice or judge of the appellate division of the General Court of Justice that meets each of the following requirements 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 emergenc…
N.C. Gen. Stat. § 7A-45.3 Superior court judges designated for complex business cases
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The Chief Justice may exercise the authority under rules of practice prescribed pursuant to G.S. 7A-34 to designate up to six of the special superior court judges authorized by G.S. 7A-45.1 to hear and decide complex business cases as prescribed by the rules of practice if the Ch…
N.C. Gen. Stat. § 7A-45.4 Designation of complex business cases
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(a) Any party may designate as a mandatory complex business case an action that involves a material issue related to any of the following: (1) Disputes involving the law governing corporations, except charitable and religious organizations qualified under G.S. 55A-1-40(4) on the …
N.C. Gen. Stat. § 7A-450 Indigency; definition; entitlement; determination; change of status
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(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated in this Subchapter. An interpreter is a necessary expense as defined in Chapter 8B of th…
N.C. Gen. Stat. § 7A-450.1 Responsibility for payment by certain fiduciaries
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It is the intent of the General Assembly that, whenever possible, if an attorney or guardian ad litem is appointed pursuant to G.S. 7A-451 for a person who is less than 18 years old or who is at least 18 years old but remains dependent on and domiciled with a parent or guardian, …
N.C. Gen. Stat. § 7A-450.2 Determination of fiduciaries at indigency determination; summons; service of process
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At the same time as a person who is less than 18 years old or who is at least 18 years old but remains dependent on and domiciled with a parent or guardian is determined to be indigent, and has an attorney or guardian ad litem appointed pursuant to G.S. 7A-451, the court shall de…
N.C. Gen. Stat. § 7A-450.3 Determination of responsibility at hearing
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At the dispositional, sentencing or other hearing of the person who is less than 18 years old or who is at least 18 years old but remains dependent on and domiciled with a parent or guardian, the court shall make a determination whether the parent, guardian or trustee should be h…
N.C. Gen. Stat. § 7A-450.4 Exemptions
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General Statutes 7A-450.1, 7A-450.2 and 7A-450.3 do not authorize the court to require the Department of Health and Human Services or any county Department of Social Services to reimburse the State for fees. (1983, c. 726, s. 1; 1997-443, s. 11A.118(a).)
N.C. Gen. Stat. § 7A-451 Scope of entitlement
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(a) An indigent person is entitled to services of counsel in the following actions and proceedings: (1) Any case in which imprisonment, or a fine of five hundred dollars ($500.00), or more, is likely to be adjudged. (2) A hearing on a petition for a writ of habeas corpus under Ch…
N.C. Gen. Stat. § 7A-451.1 Counsel fees for outpatient involuntary commitment proceedings
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The State shall pay counsel fees for persons appointed pursuant to G.S. 122C-267(d). (1983, c. 638, s. 24; c. 864, s. 4; 1985, c. 589, s. 4; 1991, c. 761, s. 3.)
N.C. Gen. Stat. § 7A-452 Source of counsel; fees; appellate records
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(a) Upon the court's determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services. In noncapital cases, the court shall assign counsel pursuant to rules a…
N.C. Gen. Stat. § 7A-453 Duty of custodian of a possibly indigent person; determination of indigency
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(a) In counties designated by the Office of Indigent Defense Services, the authority having custody of a person who is without counsel for more than 48 hours after being taken into custody shall so inform the designee of the Office of Indigent Defense Services. The designee of th…