The following are grounds for suspension of a district attorney or forhis removal from office:
(1) Mental or physical incapacity interfering with theperformance of his duties which is, or is likely to become, permanent;
(2) Willful misconduct in office;
(3) Willful and persistent failure to perform his duties;
(4) Habitual intemperance;
(5) Conviction of a crime involving moral turpitude;
(6) Conduct prejudicial to the administration of justice whichbrings the office into disrepute; or
(7) Knowingly authorizing or permitting an assistant districtattorney to commit any act constituting grounds for removal, as defined insubdivisions (1) through (6) hereof.
A proceeding to suspend or remove a district attorney is commenced byfiling with the clerk of superior court of the county where the districtattorney resides a sworn affidavit charging the district attorney with one ormore grounds for removal. The clerk shall immediately bring the matter to theattention of the senior regular resident superior court judge for the districtor set of districts as defined in G.S. 7A‑41.1(a) in which the county islocated who shall within 30 days either review and act on the charges or referthem for review and action within 30 days to another superior court judgeresiding in or regularly holding the courts of that district or set ofdistricts. If the superior court judge upon review finds that the charges iftrue constitute grounds for suspension, and finds probable cause for believingthat the charges are true, he may enter an order suspending the districtattorney from performing the duties of his office until a final determinationof the charges on the merits. During the suspension the salary of the districtattorney continues. If the superior court judge finds that the charges if truedo not constitute grounds for suspension or finds that no probable cause existsfor believing that the charges are true, he shall dismiss the proceeding.
If a hearing, with or without suspension, is ordered, the districtattorney should receive immediate written notice of the proceedings and a truecopy of the charges, and the matter shall be set for hearing not less than 10days nor more than 30 days thereafter. The matter shall be set for hearing beforethe judge who originally examined the charges or before another regularsuperior court judge resident in or regularly holding the courts of thatdistrict or set of districts. The hearing shall be open to the public. Alltestimony shall be recorded. At the hearing the superior court judge shall hearevidence and make findings of fact and conclusions of law and if he finds thatgrounds for removal exist, he shall enter an order permanently removing thedistrict attorney from office, and terminating his salary. If he finds that nogrounds exist, he shall terminate the suspension, if any.
The district attorney may appeal from an order of removal to the Courtof Appeals on the basis of error of law by the superior court judge. Pendingdecision of the case on appeal, the district attorney shall not perform any ofthe duties of his office. If, upon final determination, he is orderedreinstated either by the appellate division or by the superior court uponremand his salary shall be restored from the date of the original order ofremoval. (1967, c. 1049, s.1; 1973, c. 47, s. 2; c. 148, s. 1; 1977, c. 21, ss. 1, 2; 1987 (Reg. Sess.,1988), c. 1037, s. 13.)
The following are grounds for suspension of a district attorney or forhis removal from office:
(1) Mental or physical incapacity interfering with theperformance of his duties which is, or is likely to become, permanent;
(2) Willful misconduct in office;
(3) Willful and persistent failure to perform his duties;
(4) Habitual intemperance;
(5) Conviction of a crime involving moral turpitude;
(6) Conduct prejudicial to the administration of justice whichbrings the office into disrepute; or
(7) Knowingly authorizing or permitting an assistant districtattorney to commit any act constituting grounds for removal, as defined insubdivisions (1) through (6) hereof.
A proceeding to suspend or remove a district attorney is commenced byfiling with the clerk of superior court of the county where the districtattorney resides a sworn affidavit charging the district attorney with one ormore grounds for removal. The clerk shall immediately bring the matter to theattention of the senior regular resident superior court judge for the districtor set of districts as defined in G.S. 7A‑41.1(a) in which the county islocated who shall within 30 days either review and act on the charges or referthem for review and action within 30 days to another superior court judgeresiding in or regularly holding the courts of that district or set ofdistricts. If the superior court judge upon review finds that the charges iftrue constitute grounds for suspension, and finds probable cause for believingthat the charges are true, he may enter an order suspending the districtattorney from performing the duties of his office until a final determinationof the charges on the merits. During the suspension the salary of the districtattorney continues. If the superior court judge finds that the charges if truedo not constitute grounds for suspension or finds that no probable cause existsfor believing that the charges are true, he shall dismiss the proceeding.
If a hearing, with or without suspension, is ordered, the districtattorney should receive immediate written notice of the proceedings and a truecopy of the charges, and the matter shall be set for hearing not less than 10days nor more than 30 days thereafter. The matter shall be set for hearing beforethe judge who originally examined the charges or before another regularsuperior court judge resident in or regularly holding the courts of thatdistrict or set of districts. The hearing shall be open to the public. Alltestimony shall be recorded. At the hearing the superior court judge shall hearevidence and make findings of fact and conclusions of law and if he finds thatgrounds for removal exist, he shall enter an order permanently removing thedistrict attorney from office, and terminating his salary. If he finds that nogrounds exist, he shall terminate the suspension, if any.
The district attorney may appeal from an order of removal to the Courtof Appeals on the basis of error of law by the superior court judge. Pendingdecision of the case on appeal, the district attorney shall not perform any ofthe duties of his office. If, upon final determination, he is orderedreinstated either by the appellate division or by the superior court uponremand his salary shall be restored from the date of the original order ofremoval. (1967, c. 1049, s.1; 1973, c. 47, s. 2; c. 148, s. 1; 1977, c. 21, ss. 1, 2; 1987 (Reg. Sess.,1988), c. 1037, s. 13.)
The following are grounds for suspension of a district attorney or forhis removal from office:
(1) Mental or physical incapacity interfering with theperformance of his duties which is, or is likely to become, permanent;
(2) Willful misconduct in office;
(3) Willful and persistent failure to perform his duties;
(4) Habitual intemperance;
(5) Conviction of a crime involving moral turpitude;
(6) Conduct prejudicial to the administration of justice whichbrings the office into disrepute; or
(7) Knowingly authorizing or permitting an assistant districtattorney to commit any act constituting grounds for removal, as defined insubdivisions (1) through (6) hereof.
A proceeding to suspend or remove a district attorney is commenced byfiling with the clerk of superior court of the county where the districtattorney resides a sworn affidavit charging the district attorney with one ormore grounds for removal. The clerk shall immediately bring the matter to theattention of the senior regular resident superior court judge for the districtor set of districts as defined in G.S. 7A‑41.1(a) in which the county islocated who shall within 30 days either review and act on the charges or referthem for review and action within 30 days to another superior court judgeresiding in or regularly holding the courts of that district or set ofdistricts. If the superior court judge upon review finds that the charges iftrue constitute grounds for suspension, and finds probable cause for believingthat the charges are true, he may enter an order suspending the districtattorney from performing the duties of his office until a final determinationof the charges on the merits. During the suspension the salary of the districtattorney continues. If the superior court judge finds that the charges if truedo not constitute grounds for suspension or finds that no probable cause existsfor believing that the charges are true, he shall dismiss the proceeding.
If a hearing, with or without suspension, is ordered, the districtattorney should receive immediate written notice of the proceedings and a truecopy of the charges, and the matter shall be set for hearing not less than 10days nor more than 30 days thereafter. The matter shall be set for hearing beforethe judge who originally examined the charges or before another regularsuperior court judge resident in or regularly holding the courts of thatdistrict or set of districts. The hearing shall be open to the public. Alltestimony shall be recorded. At the hearing the superior court judge shall hearevidence and make findings of fact and conclusions of law and if he finds thatgrounds for removal exist, he shall enter an order permanently removing thedistrict attorney from office, and terminating his salary. If he finds that nogrounds exist, he shall terminate the suspension, if any.
The district attorney may appeal from an order of removal to the Courtof Appeals on the basis of error of law by the superior court judge. Pendingdecision of the case on appeal, the district attorney shall not perform any ofthe duties of his office. If, upon final determination, he is orderedreinstated either by the appellate division or by the superior court uponremand his salary shall be restored from the date of the original order ofremoval. (1967, c. 1049, s.1; 1973, c. 47, s. 2; c. 148, s. 1; 1977, c. 21, ss. 1, 2; 1987 (Reg. Sess.,1988), c. 1037, s. 13.)
