NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 638
HOUSE BILL 1182

AN ACT TO AMEND ARTICLE IV OF THE CONSTITUTION OF NORTH CAROLINA, TO REQUIRE JUSTICES AND JUDGES OF THE GENERAL COURT OF JUSTICE TO BE AUTHORIZED TO PRACTICE LAW.

The General Assembly of North Carolina enacts:

Section 1.  Article IV of the North Carolina Constitution is hereby amended by adding a new section at the end thereof to read as follows:
"Sec. 22.  Qualification of Justices and Judges. Only persons duly authorized to practice law in the courts of this State shall be eligible for election or appointment as a Justice of the Supreme Court, Judge of the Court of Appeals, Judge of the Superior Court, or Judge of District Court. This section shall not apply to persons elected to or serving in such capacities on or before January 1, 1981."
Sec. 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the general election to be held in November 1980. That election shall be held and conducted under the laws then governing general elections in this State.
Sec. 3.  At the general election, each qualified voter presenting himself to vote shall be provided a ballot on which shall be printed the following:
"□FOR constitutional amendment requiring Justices and Judges of the Supreme Court, Court of Appeals, Superior Court and District Court to be duly authorized to practice law prior to election or appointment.
□AGAINST constitutional amendment requiring Justices and Judges of the Supreme Court, Court of Appeals, Superior Court and District Court to be duly authorized to practice law prior to election or appointment."
Sec. 4.  If a majority of the votes cast are in favor of the amendment set out in Section 1 of this act, then the amendment shall be certified by the State Board of Elections to the Secretary of State, who shall enroll the amendment among the permanent records of his office, and the amendment shall become effective on January 1, 1981.
Sec. 5.  This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 24th day of May, 1979.