AN ACT TO REDUCE THE NUMBER OF JUDGES ON THE COURT OF APPEALS TO TWELVE; TO PROVIDE AN APPEAL OF RIGHT FOR TRIAL COURT DECISIONS REGARDING CLASS ACTION CERTIFICATION AND TERMINATION OF PARENTAL RIGHTS; AND TO PROVIDE FOR DISCRETIONARY REVIEW BY THE SUPREME COURT IN CASES WHERE THE SUBJECT MATTER INVOLVES THE JURISDICTION AND INTEGRITY OF THE COURT SYSTEM. Enacted April 26, 2017. GS 7A-27(a)(5), as enacted by this act, and Section 4 are effective January 1, 2019. The remainder is effective April 26, 2017.
Summary date: Apr 26 2017 - View summary
Summary date: Apr 21 2017 - View summary
The Governor vetoed the act on 04/21/17. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2017/h239Veto/h239Veto.html
Summary date: Apr 5 2017 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Amends GS 7A-27 to create an appeal of right directly to the Supreme Court in any order that terminates parental rights or denies a petition or motion to terminate parental rights.
Amends GS 7B-1001 to make conforming changes.
These changes are effective January 1, 2019. The remainder of the bill is effective when it becomes law.
Summary date: Mar 8 2017 - View summary
House committee substitute makes the following changes to the 1st edition.
Deletes proposed addition to GS 7A-27 that creates an appeal of right from the trial courts to the Supreme Court for cases involving the resolution of conflicts pursuant to Rule 3.1 of the General Rules of Practice for the Superior and District Courts. Makes conforming change to the act's long title.
Makes clarifying and technical changes to GS 7A-31 concerning discretionary review by the Supreme Court.
Summary date: Mar 1 2017 - View summary
Amends GS 7A-16, as amended. Provides that on or after January 1, 2017, when a seat on the Court of Appeals becomes vacant prior to the expiration of the judge's term due to the death, resignation, retirement, impeachment, or removal pursuant to GS 7A- 374.2(8) of the incumbent judge, the seat is eliminated until the total number of Court of Appeals seats is decreased to 12 (there are currently 15 judges on the Court of Appeals).
Amends GS 7A-27, as amended to create an appeal of right from the trial courts to the Supreme Court for cases involving the resolution of conflicts pursuant to Rule 3.1 of the General Rules of Practice for the Superior and District Courts, and for any trial court's decision regarding class action certification under GS 1A-1, Rule 23.
Amends GS 7A-31, authorizing the Supreme Court to make certification of discretionary review before a determination by the Court of Appeals when the Supreme Court determines that the subject matter of the appeal is important in overseeing the jurisdiction and integrity of the court system.