State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-409

Article 31A.

State Judicial Council.

§ 7A‑409.  Composition of State JudicialCouncil.

(a)        The State Judicial Council shall consist of 18 members asfollows:

(1)        The Chief Justice, who chairs the Council;

(2)        The Chief Judge of the Court of Appeals;

(3)        A district attorney chosen by the Conference of DistrictAttorneys;

(4)        A public defender chosen by the public defenders;

(5)        A superior court judge chosen by the Conference of SuperiorCourt Judges;

(6)        A district court judge chosen by the Conference of DistrictCourt Judges;

(7)        A clerk of superior court chosen by the Association ofClerks of Superior Court of North Carolina;

(8)        A magistrate appointed by the North Carolina Magistrates'Association;

(9)        An attorney appointed by the Council of the State Bar;

(10)      One attorney and one nonattorney appointed by the ChiefJustice;

(11)      One nonattorney and one attorney appointed by the Governor;

(12)      One nonattorney and one attorney appointed by the GeneralAssembly upon the recommendation of the Speaker of the House ofRepresentatives;

(13)      One nonattorney and one attorney appointed by the GeneralAssembly upon the recommendation of the President Pro Tempore of the Senate;and

(14)      One member appointed by the Commission on Indigent DefenseServices.

(b)        The Chief Justice and the Chief Judge shall be members ofthe State Judicial Council during their terms in those judicial offices. Theterms of the other members selected initially for the State Judicial Councilshall be as follows:

(1)        One year. – The district court judge, the attorney appointedupon the recommendation of the President Pro Tempore of the Senate, and theattorney appointed upon the recommendation of the Speaker of the House ofRepresentatives.

(2)        Two years. – The district attorney, the magistrate, thenonattorney appointed by the Governor, and the nonattorney appointed by theChief Justice.

(3)        Three years. – The public defender, the attorney appointedby the Council of the State Bar, the nonattorney appointed upon therecommendation of the President Pro Tempore of the Senate, and the nonattorneyappointed upon the recommendation of the Speaker of the House ofRepresentatives.

(4)        Four years. – The superior court judge, the clerk ofsuperior court, the attorney appointed by the Governor, the attorney appointedby the Chief Justice, and the member appointed by the Commission on IndigentDefense Services.

After these initial terms, the members of the State Judicial Councilshall serve terms of four years. All terms of members shall begin on January 1and end on December 31. No member may serve more than two consecutive fullterms. Any vacancy on the Council shall be filled by a person appointed by theofficial or entity who appointed the person vacating the position.

(c)        If an official or entity is authorized to appoint more thanone member of the State Judicial Council, the members appointed by thatofficial or entity must reside in different judicial districts.

(d)        No incumbent member of the General Assembly or incumbentjudicial official, other than the ones specifically identified by office insubsection (a) of this section, may serve on the State Judicial Council.

(e)        The appointing authorities shall confer with each other andattempt to arrange their appointments so that the members of the State JudicialCouncil fairly represent each area of the State, both genders, and each majorracial group. (1999‑390, s. 1;2001‑96, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-409

Article 31A.

State Judicial Council.

§ 7A‑409.  Composition of State JudicialCouncil.

(a)        The State Judicial Council shall consist of 18 members asfollows:

(1)        The Chief Justice, who chairs the Council;

(2)        The Chief Judge of the Court of Appeals;

(3)        A district attorney chosen by the Conference of DistrictAttorneys;

(4)        A public defender chosen by the public defenders;

(5)        A superior court judge chosen by the Conference of SuperiorCourt Judges;

(6)        A district court judge chosen by the Conference of DistrictCourt Judges;

(7)        A clerk of superior court chosen by the Association ofClerks of Superior Court of North Carolina;

(8)        A magistrate appointed by the North Carolina Magistrates'Association;

(9)        An attorney appointed by the Council of the State Bar;

(10)      One attorney and one nonattorney appointed by the ChiefJustice;

(11)      One nonattorney and one attorney appointed by the Governor;

(12)      One nonattorney and one attorney appointed by the GeneralAssembly upon the recommendation of the Speaker of the House ofRepresentatives;

(13)      One nonattorney and one attorney appointed by the GeneralAssembly upon the recommendation of the President Pro Tempore of the Senate;and

(14)      One member appointed by the Commission on Indigent DefenseServices.

(b)        The Chief Justice and the Chief Judge shall be members ofthe State Judicial Council during their terms in those judicial offices. Theterms of the other members selected initially for the State Judicial Councilshall be as follows:

(1)        One year. – The district court judge, the attorney appointedupon the recommendation of the President Pro Tempore of the Senate, and theattorney appointed upon the recommendation of the Speaker of the House ofRepresentatives.

(2)        Two years. – The district attorney, the magistrate, thenonattorney appointed by the Governor, and the nonattorney appointed by theChief Justice.

(3)        Three years. – The public defender, the attorney appointedby the Council of the State Bar, the nonattorney appointed upon therecommendation of the President Pro Tempore of the Senate, and the nonattorneyappointed upon the recommendation of the Speaker of the House ofRepresentatives.

(4)        Four years. – The superior court judge, the clerk ofsuperior court, the attorney appointed by the Governor, the attorney appointedby the Chief Justice, and the member appointed by the Commission on IndigentDefense Services.

After these initial terms, the members of the State Judicial Councilshall serve terms of four years. All terms of members shall begin on January 1and end on December 31. No member may serve more than two consecutive fullterms. Any vacancy on the Council shall be filled by a person appointed by theofficial or entity who appointed the person vacating the position.

(c)        If an official or entity is authorized to appoint more thanone member of the State Judicial Council, the members appointed by thatofficial or entity must reside in different judicial districts.

(d)        No incumbent member of the General Assembly or incumbentjudicial official, other than the ones specifically identified by office insubsection (a) of this section, may serve on the State Judicial Council.

(e)        The appointing authorities shall confer with each other andattempt to arrange their appointments so that the members of the State JudicialCouncil fairly represent each area of the State, both genders, and each majorracial group. (1999‑390, s. 1;2001‑96, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-409

Article 31A.

State Judicial Council.

§ 7A‑409.  Composition of State JudicialCouncil.

(a)        The State Judicial Council shall consist of 18 members asfollows:

(1)        The Chief Justice, who chairs the Council;

(2)        The Chief Judge of the Court of Appeals;

(3)        A district attorney chosen by the Conference of DistrictAttorneys;

(4)        A public defender chosen by the public defenders;

(5)        A superior court judge chosen by the Conference of SuperiorCourt Judges;

(6)        A district court judge chosen by the Conference of DistrictCourt Judges;

(7)        A clerk of superior court chosen by the Association ofClerks of Superior Court of North Carolina;

(8)        A magistrate appointed by the North Carolina Magistrates'Association;

(9)        An attorney appointed by the Council of the State Bar;

(10)      One attorney and one nonattorney appointed by the ChiefJustice;

(11)      One nonattorney and one attorney appointed by the Governor;

(12)      One nonattorney and one attorney appointed by the GeneralAssembly upon the recommendation of the Speaker of the House ofRepresentatives;

(13)      One nonattorney and one attorney appointed by the GeneralAssembly upon the recommendation of the President Pro Tempore of the Senate;and

(14)      One member appointed by the Commission on Indigent DefenseServices.

(b)        The Chief Justice and the Chief Judge shall be members ofthe State Judicial Council during their terms in those judicial offices. Theterms of the other members selected initially for the State Judicial Councilshall be as follows:

(1)        One year. – The district court judge, the attorney appointedupon the recommendation of the President Pro Tempore of the Senate, and theattorney appointed upon the recommendation of the Speaker of the House ofRepresentatives.

(2)        Two years. – The district attorney, the magistrate, thenonattorney appointed by the Governor, and the nonattorney appointed by theChief Justice.

(3)        Three years. – The public defender, the attorney appointedby the Council of the State Bar, the nonattorney appointed upon therecommendation of the President Pro Tempore of the Senate, and the nonattorneyappointed upon the recommendation of the Speaker of the House ofRepresentatives.

(4)        Four years. – The superior court judge, the clerk ofsuperior court, the attorney appointed by the Governor, the attorney appointedby the Chief Justice, and the member appointed by the Commission on IndigentDefense Services.

After these initial terms, the members of the State Judicial Councilshall serve terms of four years. All terms of members shall begin on January 1and end on December 31. No member may serve more than two consecutive fullterms. Any vacancy on the Council shall be filled by a person appointed by theofficial or entity who appointed the person vacating the position.

(c)        If an official or entity is authorized to appoint more thanone member of the State Judicial Council, the members appointed by thatofficial or entity must reside in different judicial districts.

(d)        No incumbent member of the General Assembly or incumbentjudicial official, other than the ones specifically identified by office insubsection (a) of this section, may serve on the State Judicial Council.

(e)        The appointing authorities shall confer with each other andattempt to arrange their appointments so that the members of the State JudicialCouncil fairly represent each area of the State, both genders, and each majorracial group. (1999‑390, s. 1;2001‑96, s. 1.)