NORTH CAROLINA GENERAL ASSEMBLY

 SESSION

 

 

CHAPTER 108

SENATE BILL 42

 

 

AN ACT TO CREATE A COURT OF APPEALS IN THE APPELLATE DIVISION OF THE GENERAL COURT OF JUSTICE; TO ALLOCATE JURISDICTION BETWEEN THE SUPREME COURT AND THE COURT OF APPEALS; TO PROVIDE FOR THE RETIREMENT AND RECALL TO TEMPORARY SERVICE OF CERTAIN JUSTICES AND JUDGES; AND FOR OTHER PURPOSES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 7A, Subchapter II, of the General Statutes, is hereby rewritten to read as follows:

"Subchapter II. APPELLATE DIVISION OF THE GENERAL COURT OF JUSTICE.

Article 2.

Appellate Division Organization

Sec. 7A-5.  Organization. The Appellate Division of the General Court of Justice consists of the Supreme Court and the Court of Appeals.

Sec. 7A-6.  Appellate Division Reporter; Reports. (a) The Supreme Court shall appoint a reporter for the Appellate Division, to serve at its pleasure. It shall be the duty of the reporter to prepare for publication the opinions of the Supreme Court and the Court of Appeals. The salary of the reporter shall be fixed by the Administrative Officer of the Courts, subject to the approval of the Supreme Court. The reporter may employ assistant reporters in the numbers and at the salaries fixed by the Administrative Officer of the Courts.

(b) The Administrative Officer of the Courts shall contract for the printing of the reports of the Supreme Court and the Court of Appeals, and for the advance sheets of each court. He shall also sell the reports and advance sheets of the Appellate Division, to the general public, at a price not less than cost nor more than cost plus ten per cent (10%), to be fixed by him in his discretion. Proceeds of such sales shall be remitted to the State Treasury.

(c) The Administrative Officer of the Courts shall furnish, without charge, one copy of the advance sheets of the Appellate Division to each justice and judge of the General Court of Justice, to each Superior Court Solicitor, to each Superior Court Clerk, and, in such numbers as may be reasonably necessary, to the Supreme Court Library.

Sec. 7A-7.  Law Clerks; Secretaries and Stenographers. (a) Each justice and judge of the Appellate Division is entitled to the services of one research assistant, who must be a graduate of an accredited law school. The salaries of research assistants shall be set by the Administrative Officer of the Courts, subject to the approval of the Supreme Court.

(b)        The Administrative Officer of the Courts shall determine the number and salaries of all secretaries and stenographers in the Appellate Division.

Article 3.

The Supreme Court

Sec. 7A-10.  Organization; Compensation of Justices. (a) The Supreme Court shall consist of a Chief Justice and six associate Justices, elected by the qualified voters of the State for terms of eight years. Before entering upon the duties of his office, each Justice shall take an oath of office. Four Justices shall constitute a quorum for the transaction of the business of the court. Sessions of the court shall be held in the City of Raleigh, and scheduled by rule of court so as to discharge expeditiously the court's business.

(b)        The Chief Justice and each of the Associate Justices shall receive the annual salary provided in the Budget Appropriations Act. Each Justice is entitled to reimbursement for travel and subsistence expenses at the rate allowed State employees generally.

Sec. 7A-11.  Clerk of the Supreme Court; Salary; Bond; Fees; Oath. (a) The Clerk of the Supreme Court shall be appointed by the Supreme Court to serve for a term of eight years. The annual salary of the Clerk shall be fixed by the Administrative Officer of the Courts, subject to the approval of the Supreme Court. The Clerk may appoint assistants in the number and at the salaries fixed by the Administrative Officer of the Courts. The Clerk shall perform such duties as the Supreme Court may assign, and shall be bonded to the State, for faithful performance of duty, in the same manner as the Clerk of Superior Court, and in such amount as the Administrative Officer of the Courts shall determine. He shall adopt a seal of office, to be approved by the Supreme Court. A fee bill for services rendered by the Clerk shall be fixed by rule of the Supreme Court, and all such fees shall be remitted to the State Treasury, except that charges to litigants for the reproduction of appellate records and briefs shall be fixed and administered as provided by rule of the Supreme Court. The State Auditor shall audit the financial accounts of the Clerk at least once a year.

(b)        Before entering upon the duties of his office, the Clerk shall take the following oath: "I,______________, do solemnly swear that I will discharge the duties of the office of Clerk of the Supreme Court without prejudice, affection, favor, or partiality, according to law and to the best of my skill and ability, so help me, God."

Sec. 7A-12.  Supreme Court Marshal. The Supreme Court may appoint a Marshal to serve at its pleasure, and to perform such duties as it may assign. The Marshall shall have the criminal and civil powers of a sheriff, and any additional powers necessary to execute the orders of the Appellate Division in any county of the State. His salary shall be fixed by the Administrative Officer, subject to the approval of the Supreme Court. The Marshal may appoint such assistants, and at such salaries, as may be authorized by the Administrative Officer of the Courts. The Supreme Court, in its discretion, may appoint the Supreme Court Librarian, or some other suitable employee of the Court, to serve in the additional capacity of Marshal.

Sec. 7A-13.  Supreme Court Library; Functions; Librarian; Library Committee; Seal of Office. (a) The Supreme Court shall appoint a Librarian of the Supreme Court Library, to serve at the pleasure of the Court. The annual salary of the Librarian shall be fixed by the Administrative Officer of the Courts, subject to the approval of the Supreme Court. The Librarian may appoint assistants in numbers and at salaries to be fixed by the Administrative Officer of the Courts.

(b)        The primary function of the Supreme Court Library is to serve the Appellate Division of the General Court of Justice, but it may render service to the trial divisions of the General Court of Justice, to State agencies, and to the general public, under such regulations as the Librarian, subject to the approval of the Library Committee, may promulgate.

(c)        The library shall be maintained in the City of Raleigh, except that if the Court of Appeals sits regularly in locations other than the City of Raleigh, branch libraries may be established at such locations for the use of the Court of Appeals.

(d)        The Librarian shall promulgate rules and regulations for the use of the library, subject to the approval of a Library Committee, to be com posed of two Justices of the Supreme Court appointed by the Chief Justice, and one Judge of the Court of Appeals appointed by the Chief Judge.

(e)        The Librarian may adopt a seal of office.

(f)         The Librarian may operate a copying service by means of which he may furnish certified or uncertified copies of all or portions of any document, paper, book, or other writing in the library that legally may be copied. When a certificate is made under his hand and attested by his official seal, it shall be received as prima facie evidence of the correctness of the matter therein contained, and as such shall receive full faith and credit. The fees for copies shall be approved by the Library Committee, and the fees so collected shall be administered in the same manner as the charges to litigants for the reproduction of appellate records and briefs.

Article 4.

Court of Appeals

Sec. 7A-16.  Creation and Organization. The Court of Appeals is created effective January 1, 1967. It shall consist initially of six Judges, elected by the qualified voters of the State for terms of eight years. The Chief Justice of the Supreme Court shall designate one of the Judges as Chief Judge, to serve in such capacity at the pleasure of the Chief Justice. Before entering upon the duties of his office, a Judge of the Court of Appeals shall take the oath of office prescribed for a Justice of the Supreme Court, conformed to the office of Judge of the Court of Appeals.

The Governor on or after July 1, 1967, shall make temporary appointments to the six initial judgeships. The appointees shall serve until January 1, 1969. Their successors shall be elected at the general election for members of the General Assembly in November, 1968, and shall take office on January 1, 1969, to serve for the remainder of the unexpired term which began on January 1, 1967.

Upon the appointment of at least five Judges, and the designation of a Chief Judge, the Court is authorized to convene, organize, and promulgate, subject to the approval of the Supreme Court, such supplementary rules as it deems necessary and appropriate for the discharge of the judicial business lawfully assigned to it.

Effective January 1, 1969, the number of Judges is increased to nine, and the Governor, on or after March 1, 1969, shall make temporary appointments to the additional judgeships thus created. The appointees shall serve until January 1, 1971. Their successors shall be elected at the general election for members of the General Assembly in November, 1970, and shall take office on January 1, 1971, to serve for the remainder of the unexpired term which began on January 1, 1969.

The Court of Appeals shall sit in panels of three Judges each. The Chief Judge insofar as practicable shall assign the members to panels in such fashion that each member sits a substantially equal number of times with each other member. He shall preside over the panel of which he is a member, and shall designate the presiding Judge of the other panel or panels.

Three Judges shall constitute a quorum for the transaction of the business of the Court, except as may be provided in Section 7A-32.

Sec. 7A-17.  Notice of Candidacy for Court of Appeals Judge to Indicate Vacancy. In any primary in which there are two or more vacancies for Judge of the Court of Appeals to be filled by nominations, each candidate shall, at the time of filing notice of candidacy, file with the State Board of Elections a written statement designating the vacancy to which he seeks nomination. Votes cast for a candidate shall be effective only for his nomination to the vacancy for which he has given notice of candidacy as provided in this Section.

Sec. 7A-18.  Compensation of Judges. The Chief Judge and each Associate Judge of the Court of Appeals shall receive the annual salary provided in the Budget Appropriations Act. Each Judge is entitled to reimbursement for travel and subsistence expenses at the rate allowed State employees generally.

Sec. 7A-19.  Seats and Sessions of Court. (a) The Court of Appeals shall sit in Raleigh, and at such other locations within the State as the Supreme Court may designate.

(b)        The Department of Administration shall provide adequate quarters for the Court of Appeals.

(c)        The Chief Judge shall schedule sessions of the Court as required to discharge expeditiously the Court's business.

Sec. 7A-20.  Clerk; Oath; Bond; Salary; Assistants; Fees. (a) The Court of Appeals shall appoint a Clerk to serve at its pleasure. Before entering upon his duties, the Clerk shall take the oath of office prescribed for the Clerk of the Supreme Court, conformed to the office of Clerk of the Court of Appeals, and shall be bonded, in the same manner as the Clerk of Superior Court, in an amount prescribed by the Administrative Officer of the Courts, payable to the State, for the faithful performance of his duties. The salary of the Clerk shall be fixed by the Administrative Officer of the Courts, subject to the approval of the Court of Appeals. The number and salaries of his assistants, and their bonds, if required, shall be fixed by the Administrative Officer of the Courts. The Clerk shall adopt a seal of office, to be approved by the Court of Appeals.

(b)        Subject to approval of the Supreme Court, the Court of Appeals shall promulgate from time to time a fee bill for services rendered by the Clerk, and such fees shall be remitted to the State Treasurer, except that charges to litigants for the reproduction of appellate records and briefs shall be fixed and administered as provided by rule of the Supreme Court. The State Auditor shall audit the financial accounts of the Clerk at least once a year.

Article 5.

Jurisdiction

Sec. 7A-25.  Original Jurisdiction of the Supreme Court. The Supreme Court has original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory; no process in the nature of execution shall issue thereon; the decisions shall be reported to the next Session of the General Assembly for its action. The Court shall by rule prescribe the procedures to be followed in the proper exercise of the jurisdiction conferred by this Section.

Sec. 7A-26.  Appellate Jurisdiction of the Supreme Court and the Court of Appeals. The Supreme Court and the Court of Appeals respectively have jurisdiction to review upon appeal decisions of the several Courts of the General Court of Justice and of administrative agencies, upon matters of law or legal inference, in accordance with the system of appeals provided in this Article.

Sec. 7A-27.  Appeals of Right From the Courts of the Trial Divisions. (a) From any judgment of a Superior Court which includes a sentence of death or imprisonment for life, appeal lies of right directly to the Supreme Court.

(b)        From any final judgment of a Superior Court, other than one described in subsection (a) of this Section or one entered in a postconviction hearing under Article 22 of Chapter 15, including any final judgment entered upon review of a decision of an administrative agency, appeal lies of right to the Court of Appeals.

(c)        From any final judgment of a district Court in a civil action appeal lies of right directly to the Court of Appeals.

(d)        From any interlocutory order or judgment of a Superior Court or district Court in a civil action or proceeding which

(1)        affects a substantial right, or

(2)        in effect determines the action and prevents a judgment from which appeal might be taken, or

(3)        discontinues the action, or

(4)        grants or refuses a new trial, appeal lies of right directly to the Court of Appeals.

Sec. 7A-28.  Decisions of Court of Appeals in Post-Conviction Proceedings Final. Decisions of the Court of Appeals rendered upon review of post-conviction proceedings conducted under Article 22 of Chapter 15 are final and not subject to further review in the General Court of Justice by appeal, certification, writ, or otherwise.

Sec. 7A-29.  Appeals of Right from Certain Administrative Agencies. From any final order or decision of the North Carolina Utilities Commission or of the North Carolina Industrial Commission, appeal lies of right directly to the Court of Appeals.

Sec. 7A-30.  Appeals of Right from Certain Decisions of the Court of Appeals. Except as provided in Section 7A-28, from any decision of the Court of Appeals rendered in a case

(1)        which directly involves a substantial question arising under the Constitution of the United States or of this State, or

(2)        in which there is a dissent, or

(3)        which involves review of a decision of the North Carolina Utilities Commission in a general rate-making case, an appeal lies of right to the Supreme Court.

Sec. 7A-31.  Discretionary Review by the Supreme Court. (a) In any cause in which appeal has been taken to the Court of Appeals, except a cause appealed from the North Carolina Utilities Commission or the North Carolina Industrial Commission, and except a cause involving review of a post-conviction proceeding under Article 22, Chapter 15, the Supreme Court may in its discretion, on motion of any party to the cause or on its own motion, certify the cause for review by the Supreme Court, either before or after it has been determined by the Court of Appeals. A cause appealed to the Court of Appeals from the Utilities Commission or the Industrial Commission may be certified in similar fashion but only after determination of the cause in the Court of Appeals. The effect of such certification is to transfer the cause from the Court of Appeals to the Supreme Court for review by the Supreme Court. If the cause is certified for transfer to the Supreme Court before its determination in the Court of Appeals, review is not had in the Court of Appeals but the cause is forthwith transferred for review in the first instance by the Supreme Court. If the cause is certified for transfer to the Supreme Court after its determination by the Court of Appeals, the Supreme Court reviews the decision of the Court of Appeals.

(b)        In causes subject to certification under subsection (a) of this Section, certification may be made by the Supreme Court before determination of the cause by the Court of Appeals when in the opinion of the Supreme Court

(1)        the subject matter of the appeal has significant public interest, or

(2)        the cause involves legal principles of major significance to the jurisprudence of the State, or

(3)        delay in final adjudication is likely to result from failure to certify and thereby cause substantial harm, or

(4)        the work load of the Courts of the Appellate Division is such that the expeditious administration of justice requires certification.

(c)        In causes subject to certification under subsection (a) of this Section, certification may be made by the Supreme Court after determination of the cause by the Court of Appeals when in the opinion of the Supreme Court

(1)        the subject matter of the appeal has significant public interest, or

(2)        the cause involves legal principles of major significance to the jurisprudence of the State, or

(3)        the decision of the Court of Appeals appears likely to be in conflict with a decision of the Supreme Court. Interlocutory determinations by the Court of Appeals, including orders remanding the cause for a new trial or for other proceedings, shall be certified for review by the Supreme Court only upon a determination by the Supreme Court that failure to certify would cause a delay in final adjudication which would probably result in substantial harm.

(d)        The procedure for certification by the Supreme Court on its own motion, or upon petition of a party, shall be prescribed by rule of the Supreme Court.

Sec. 7A-32.  Power of Supreme Court and Court of Appeals to Issue Remedial Writs. (a) The Supreme Court and the Court of Appeals have jurisdiction, exercisable by any one of the Justices or Judges of the respective Courts, to issue the writ of habeas corpus upon the application of any person described in G.S. 17-3, according to the practice and procedure provided therefor in Chapter 17 of the General Statutes, and to rule of the Supreme Court.

(b)        The Supreme Court has jurisdiction, exercisable by one Justice or by such number of Justices as the Court may by rule provide, to issue the prerogative writs, including mandamus, prohibition, certiorari, and supersedeas, in aid of its own jurisdiction or in exercise of its general power to supervise and control the proceedings of any of the other Courts of the General Court of Justice. The practice and procedure shall be as provided by statute or rule of the Supreme Court, or, in the absence of statute or rule, according to the practice and procedure of the common law.

(c)        The Court of Appeals has jurisdiction, exercisable by one Judge or by such number of Judges as the Supreme Court may by rule provide, to issue the prerogative writs, including mandamus, prohibition, certiorari, and supersedeas, in aid of its own jurisdiction, or to supervise and control the proceedings of any of the trial Courts of the General Court of Justice, and of the Utilities Commission and the Industrial Commission. The practice and procedure shall be as provided by statute or rule of the Supreme Court, or, in the absence of statute or rule, according to the practice and procedure of the common law.

Sec. 7A-33.  Supreme Court to Prescribe Appellate Division Rules of Practice and Procedure. The Supreme Court shall prescribe rules of practice and procedure designed to procure the expeditious and inexpensive disposition of all litigation in the Appellate Division.

Sec. 7A-34.  Rules of Practice and Procedure in Trial Courts. The Supreme Court is hereby authorized to prescribe rules of practice and procedure for the Superior and District Courts supplementary to, and not inconsistent with, Acts of the General Assembly.

Sec. 7A-35.  Disposition of Appeals During Transitional Period. (a) Civil cases tried in the District Court in which notice of appeal to the Superior Court has been given on or before September 30, 1967, and which have not been finally determined in the Superior Court on that date, shall be disposed of as provided by rule of the Supreme Court, and the jurisdiction of the Superior Court over civil appeals from the District Court continues to the extent necessary for this purpose.

(b)        All cases in which notice of appeal from the Superior Court to the Supreme Court has been given on or before September 30, 1967, and which have not been finally determined on that date, shall be disposed of in accordance with the laws and rules governing such appeals which were applicable immediately prior to the effective date of this Article.

(c)        On and after October 1, 1967, all causes appealed to the Appellate Division from the Utilities Commission, the Industrial Commission, the District Court in civil cases, or the Superior Court, other than criminal cases which impose a sentence of death or life imprisonment, shall be filed with the Clerk of the Court of Appeals.

(d)        The Supreme Court by rule shall implement this Section to the end that all causes appealed from the trial divisions to the Appellate Division during the period of transition from the existing judicial structure to a fully operational General Court of Justice are processed efficiently and without prejudice or inconvenience to any litigant.

Sec. 7A-36.  Effective Date. This Article shall become effective on September 30, 1967.

Article 6.

Retirement of Justices and Judges of the Appellate Division; Retirement Compensation; Recall to Emergency Service; Disability Retirement

Sec. 7A-39.1.  Justice, Emergency Justice, Judge and Emergency Judge Denned. (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" or "emergency judge" means any Justice of the Supreme Court or any Judge of the Court of Appeals, respectively, who has retired subject to recall for temporary service in the place of any active member of the Court from which he retired.

Sec. 7A-39.2.  Age and Service Requirements for Retirement of Justices of the Supreme Court and Judges of the Court of Appeals. (a) Any Justice of the Supreme Court or Judge of the Court of Appeals who has attained the age of sixty-five years, and who has served for a total of fifteen years, whether consecutive or not, 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, may retire from his present office and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant or occupants of the office from which he retired.

(b)        Any Justice of the Supreme Court or Judge of the Court of Appeals who has attained the age of sixty-five years, and who has served as Justice or Judge, or both, in the Appellate Division for twelve consecutive years may retire and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant or occupants of the office from which he retired.

(c)        Any Justice of the Supreme Court or Judge of the Court of Appeals who has served for eight consecutive years as Justice or Judge in the Appellate Division may, at age seventy-five, retire and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant or occupants of the office from which he retired.

(d)        Any Justice or Judge of the Appellate Division, who has served for a total of twenty-four years, whether continuously or not, as Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the Superior Court, or Administrative Officer of the Courts, or in any combination of these offices, may retire, regardless of age, and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant or occupants of the office from which he retired. In determining eligibility for retirement under this subsection, time served as a District Solicitor of the Superior Court prior to January 1, 1971, may be included, provided the person has served at least eight years as a Justice, Judge, or Administrative Officer of the Courts, or in any combination of these offices.

Sec. 7A-39.3.  Retired Justices and Judges Constituted Emergency Justices and Judges Subject to Recall to Active Service; Compensation. (a) The Justices of the Supreme Court and Judges of the Court of Appeals who retire under the provisions of Section 7A-39.2 are hereby constituted emergency Justices of the Supreme Court and emergency Judges of the Court of Appeals, respectively, for life, and shall be subject to temporary recall to active service in the place of any Justice of the Supreme Court or Judge of the Court of Appeals, respectively, who is temporarily incapacitated to the extent that he cannot perform efficiently and promptly all the duties of his office.

(b)        In addition to the compensation provided in Section 7A-39.2, each emergency Justice or emergency Judge recalled for temporary active service shall be paid by the State his actual expenses, plus one hundred dollars ($100.00) for each week of active service rendered under recall.

Sec. 7A-39.4.  Retirement Creates Vacancy. 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.

Sec. 7A-39.5.  Recall of Emergency Justice or Emergency Judge upon Temporary Incapacity of a Justice or Judge. (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 who, in his opinion, is competent to perform the duties of an associate Justice, to serve temporarily in the place of the Justice in whose behalf he is recalled; provided, that when the incapacity of a Justice of the Supreme Court is such that he cannot request the recall of an emergency Justice to serve in his place, an order of recall may be issued by the Chief Justice upon satisfactory medical proof of the facts upon which the order of recall must be based. Orders of recall shall be in writing and entered upon the minutes of the Court.

(b)        Upon the request of any Judge of the Court of Appeals 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 Judge may recall any emergency Judge who, in his opinion, is competent to perform the duties of a Judge of the Court of Appeals, to serve temporarily in the place of the Judge in whose behalf he is recalled; provided, that when the incapacity of a Judge of the Court of Appeals is such that he cannot request the recall of an emergency Judge to serve in his place, an order of recall may be issued by the Chief Judge upon satisfactory medical proof of the facts upon which the order of recall must be based. Orders of recall shall be in writing and entered upon the minutes of the Court.

Sec. 7A-39.6.  Notice to Governor of Intention to Retire; Commission as Emergency Justice or Emergency Judge. Any Justice of the Supreme Court or Judge of the Court of Appeals who is qualified and who desires to retire under the provisions of Section 7A-39.2 shall notify the Governor in writing of his intention to do so, including in the notice the facts which entitle him to retire. Upon receipt of such notice, the Governor shall issue a commission as an emergency Justice or Judge, as appropriate, to the applicant, effective upon the date of his retirement. The commission shall be effective for life.

Sec. 7A-39.7.  Jurisdiction and Authority of Emergency Justices and Emergency Judges. 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, respectively, except while serving under an order of recall and in respect to appeals, motions, and other matters heard, considered, and decided by the Court during the period of his temporary service under such order; and the Justice of the Supreme Court or Judge of the Court of Appeals in whose behalf an emergency Justice or emergency Judge is recalled to active service shall be disqualified to participate in the consideration and decision of any question presented to the Court by appeal, motion or otherwise in which any emergency Justice or emergency Judge recalled in his behalf participated.

Sec. 7A-39.8.  Court Authorized to Adopt Rules. 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.

Sec. 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. (a) The Chief Justice of the Supreme Court and the Chief Judge of the Court of Appeals are vested with authority to issue orders of recall to emergency Justices and Judges, respectively, and to perform any and all other acts deemed necessary to effectuate the purposes of this article, and their decisions, when not in conflict herewith, shall be final.

(b)        The Chief Justice or Chief Judge, may, at any time, in his discretion, cancel any order of recall issued by him or fix the termination date thereof.

(c)        Whenever the Chief Justice is the Justice in whose behalf an emergency Justice is recalled to temporary service, the powers vested in him as Chief Justice by this Article shall be exercised by the associate Justice senior in point of time served on the Supreme Court. Whenever the Chief Judge is the Judge in whose behalf an emergency Judge is recalled to temporary service the powers vested in him as Chief Judge by this Article shall be exercised by the associate Judge senior in point of time served on the Court of Appeals. If two or more Judges have served the same length of time on the Court of Appeals, the eldest shall be deemed the senior Judge.

Sec. 7A-39.10.  Article Applicable to Previously Retired Justices. 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.

Sec. 7A-39.11.  Retirement on Account of Total and Permanent Disability. 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 active service becomes totally and permanently disabled so as to be unable to perform efficiently the duties of his office, and who retires by reason of such disability, shall receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant or occupants of the office from which he retired. In determining whether a Judge is eligible for retirement under this Section, time served as District Solicitor of the Superior Court prior to January 1, 1971, may be included. Whenever any Justice or Judge claims retirement benefits under this Section on account of total and permanent disability, the Governor and Council of State, acting together, shall, after notice and an opportunity to be heard is given the applicant, by a majority vote of said body, make findings of fact from the evidence offered. Such findings of fact shall be reduced to writing and entered upon the minutes of the Council of State. The findings so made shall be conclusive as to such matters and determine the right of the applicant to retirement benefits under this Section. Justices and Judges retired under the provisions of this Section are not subject to recall as emergency Justices or Judges."

Sec. 2.  Chapter 7A, Subchapter III, is hereby amended by inserting therein the following:

"Article 8.

Retirement of Judges of the Superior Court; Retirement Compensation; Recall to Emergency Service; Disability Retirement

Sec. 7A-50.  Emergency Judge Defined. As used in this Article "emergency Judge" means any Judge of the Superior Court who has retired subject to recall to active service for temporary duty.

Sec. 7A-51.  Age and Service Requirements for Retirement of Judges of the Superior Court and of the Administrative Officer of the Courts. (a) Any Judge of the Superior Court, or Administrative Officer of the Courts, who has attained the age of sixty-five years, and who has served for a total of fifteen years, whether consecutive or not, as a Judge of the Superior Court, or as Administrative Officer of the Courts, or as Judge of the Superior Court and as Administrative Officer of the Courts combined, may retire and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant of the office from which he retired.

(b)        Any Judge of the Superior Court, or Administrative Officer of the Courts, who has served for twelve years, whether consecutive or not, as a Judge of the Superior Court, or as Administrative Officer of the Courts, or as Judge of the Superior Court and as Administrative Officer of the Courts combined may, at age sixty-eight, retire and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant of the office from which he retired.

(c)        Any person who has served for a total of twenty-four years, whether continuously or not, as a Judge of the Superior Court, or as Administrative Officer of the Courts, or as Judge of the Superior Court and as Administrative Officer of the Courts combined, may retire, regardless of age, and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant of the office from which he retired. In determining whether a person meets the requirements of this subsection, time served as District Solicitor of the Superior Court prior to January 1, 1971, may be included, so long as the person has served at least eight years as a Judge of the Superior Court, or as Administrative Officer of the Courts, or as Judge of the Superior Court and Administrative Officer of the Courts combined.

(d)        Any Judge of the Superior Court who has attained the age of seventy years must retire on the first day of the month following his seventieth birthday, and upon retirement such person is entitled to the benefits of this Section, if he is otherwise qualified under subsections (a), (b), or (c). This subsection shall not require any Judge of the Superior Court who reaches the age of seventy to retire until the expiration of the term of office during which he is or becomes qualified for retirement under the provisions of this Article.

Sec. 7A-52.  Retired Judges Constituted Emergency Judges Subject to Recall to Active Service; Compensation for Emergency Judges on Recall. (a) Judges of the Superior Court who retire under the provisions of Section 7A-51 are hereby constituted emergency Judges of the Superior Court for life. The Chief Justice of the Supreme Court may order any emergency Judge who, in his opinion, is competent to perform the duties of a Superior Court Judge, to hold regular or special sessions of Superior Court, as needed. Orders of assignment shall be in writing and entered upon the minutes of the Superior Court.

(b)        In addition to the compensation provided in Section 7A-51, each emergency Judge assigned to temporary active service shall be paid by the State his actual expenses, plus one hundred dollars ($100.00) for each week of active service rendered under recall.

Sec. 7A-53.  Notice to Governor of Intention to Retire; Commission as Emergency Judge. Any Judge of the Superior Court who is qualified and who desires to retire under the provisions of Section 7A-51 shall notify the Governor in writing of his intention to do so, including in the notice the facts which entitle him to retire. Upon receipt of such notice, the Governor shall issue a commission as emergency Judge to the applicant, effective upon the date of his retirement. The Commission shall be effective for life.

Sec. 7A-54.  Article Applicable to Judges Retired Under Prior Law. All Judges of the Superior Court who have heretofore retired and who are receiving retirement compensation under the provisions of any judicial retirement law previously enacted shall be entitled to the benefits of this Article. All such Judges shall be subject to assignment as emergency Judges by the Chief Justice of the Supreme Court, except Judges retired for total disability.

Sec. 7A-55.  Retirement on Account of Total and Permanent Disability. Every Judge of the Superior Court or Administrative Officer of the Courts who has served for eight years or more on the Superior Court, or as Administrative Officer of the Courts, or on the Superior Court and as Administrative Officer of the Courts combined, and who while in active service becomes totally and permanently disabled so as to be unable to perform efficiently the duties of his office, and who retires by reason of such disability, shall receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant of the office from which he retired. In determining whether a person meets the requirements for retirement under this Section, time served as District Solicitor of the Superior Court prior to January 1, 1971, may be included. Whenever any Judge claims retirement benefits under this Section on account of total and permanent disability, the Governor and Council of State, acting together, shall, after notice and an opportunity to be heard is given the applicant, by a majority vote of said body, make findings of fact from the evidence offered. Such findings of fact shall be reduced to writing and entered upon the minutes of the Council of State. The findings so made shall be conclusive as to such matters and determine the right of the applicant to retirement benefits under this Section. Judges retired under the provisions of this Section are not subject to recall as emergency Judges."

Sec. 3.  G.S. 7A-143 is amended by striking from line one of the last paragraph the words "Supreme Court," and inserting in lieu thereof the words "Court of Appeals"; and by striking from line four of the last paragraph the words "Supreme Court," and inserting in lieu thereof the words "Appellate Division." This Section is effective October 1, 1967.

Sec. 4.  G.S. 7A-173(d) is amended by striking the words "Supreme Court" in line one, and inserting in lieu thereof the words "Court of Appeals"; and by striking the words "Supreme Court" in line four and inserting in lieu thereof the words "Appellate Division." This Section is effective October 1, 1967.

Sec. 5.  G.S. 7A-195 is amended to read as follows:

"Sec. 7A-195.  Special Procedures in Juvenile Cases. Practices, procedures and punishments applicable in the District Court Division in cases involving juveniles shall be as set forth in Chapter 110, Article 2, of the General Statutes, except that under G.S. 110-40, when notice of an appeal is given, the District Court Judge shall summarize the evidence and make findings of fact. Appeals shall be on the record, on questions of law or legal inference, to the Court of Appeals, in all cases. This Section is effective October 1, 1967."

Sec. 6.  G.S. 7A-250 is amended by changing the period at the end of the Section to a comma, and adding the words "except that the Court of Appeals shall have jurisdiction to review final orders or decisions of the North Carolina Utilities Commission and the North Carolina Industrial Commission, as provided in Article 5 of this Act."

Sec. 7.  G.S. 7A-260 is amended by striking the words "Supreme Court" in lines three and six thereof, and inserting in lieu thereof the words "Appellate Division."

Sec. 8.  G.S. 7A-280 through G.S. 7A-287, the same being Article 24, "Jurisdiction and Procedure in Civil Appeals from District Courts" is repealed effective September 30, 1967, except for cases appealed under Article 24 and not finally determined by that date, which cases shall be governed by the provisions of Section 7A-35 of Section 1 of this Act.

Sec. 9.  G.S. 7A-300(a)(1) is amended by striking the words "Supreme Court" and inserting in lieu thereof the words "Appellate Division."

Sec. 10.  G.S. 7A-305(d)(5) is rewritten to read as follows: "(5) Costs on appeal to the Superior Court, or to the Appellate Division, as the case may be, of the original transcript of testimony, if any, insofar as essential to the appeal."

Sec. 11.  G.S. 15-222 is amended, in line two, by deleting the words "Supreme Court" and inserting in lieu thereof the words "Court of Appeals".

Sec. 12.  G.S. 7-1 through 7-39.15 (Chapter 7, Subchapter I, Articles 1-6A), 7-50, 7‑51, 7-51.1, 7-51.2, 7-70, 7-70.1, 7-71, 7-71.1, 7-71.2, 7-75, 7-79, and all other laws and clauses of laws in conflict with this Act, are hereby repealed, except to the extent temporarily necessary to effectuate the transitional provisions of Section 7A-35 of Section 1 of this Act.

Sec. 13.  Partial Invalidity. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Sec. 14.  Except as otherwise specified in this Act, this Act shall become effective on July 1, 1967.

In the General Assembly read three times and ratified, this the 29th day of March, 1967.