AMEND INTERLOCUTORY APPEALS/FAMILY LAW.

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View NCGA Bill Details2013-2014 Session
House Bill 122 (Public) Filed Tuesday, February 19, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS PERTAINING TO INTERLOCUTORY APPEALS AS RELATED TO FAMILY LAW.
Intro. by Glazier, Stevens.

Status: Ch. SL 2013-411 (House Action) (Aug 23 2013)

SOG comments (1):

Long title change

Submitted by wunsche@sog.unc.edu on

The Senate committee substitute to the 2nd edition changes the act's long title. The original title was: A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS PERTAINING TO INTERLOCUTORY APPEALS AS RELATED TO FAMILY LAW.

Bill History:

H 122/S.L. 2013-411

Bill Summaries:

  • Bill H 122 (SL 2013-411) (2013-2014)
    Summary date: Sep 3 2013 - View Summary

    AN ACT TO AMEND THE LAWS PERTAINING TO INTERLOCUTORY APPEALS AS RELATED TO FAMILY LAW. Enacted August 23, 2013. Effective August 23, 2013.

    Civil Procedure, Family Law
    GS 7A, GS 50
  • Bill H 122 (2013-2014)
    Summary date: Jul 25 2013 - View Summary

    Conference report makes the following changes to the 4th edition.

    Removesprovisions that modify the laws regarding discipline for judges, deleting changes to GS 7A-374.2 (Definitions), GS 7A-376 (Grounds for discipline by Commission; censure, suspension, or removal by the Supreme Court), and GS 7A-377 (Procedures). Deletes the repeal of GS 7A-378(Censure, suspension, or removal of justice of Supreme Court).

    Makes a conforming change to the bill title.

    Civil Procedure, Family Law
    GS 7A, GS 50
  • Bill H 122 (2013-2014)
    Summary date: Jun 13 2013 - View Summary

    Senate committee substitute makes the following change to the 3rd edition. Repeals GS 7A-378 regarding the censure, suspension, or removal of any justice of the North Carolina Supreme Court (was, amended this provision in a previous edition to also cover public reprimand of a Supreme Court justice).

    Courts/Judiciary, Civil Procedure, Family Law
    GS 7A, GS 50
  • Bill H 122 (2013-2014)
    Summary date: Jun 6 2013 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Changes the long title.

    Amends GS 7A-374.2 and GS 7A-376, concerning the powers of the Judicial Standards Commission (Commission), providing that the Supreme Court, based on a written recommendation by the Commission, has the power to issue a public reprimand to a judge, removing that power from the Commission. Changes the title of GS 7A-376 to Grounds for discipline by Commission; public reprimand, censure, suspension, or removal by the Supreme Court. Makes conforming changes.

    Amends GS 7A-377, concerning the procedures of the Commission, providing that the Commission cannot recommend a justice or judge for a public reprimand unless she or he has been given a hearing affording due process of law. Provides that all records, investigations, recommendations, and hearings of the Judicial Standards Commission and hearings by the Supreme Court are confidential until the Supreme Court issues a public reprimand, censure, suspension, or removal (previously, they were not considered confidential). Makes conforming changes relating to the issuance of public reprimands by the Supreme Court, upon recommendation by the Commission.

    Amends GS 7A-378, modifying the procedure for determining whether a justice of the Supreme Court should receive a public reprimand, censure, suspension, or removal. Establishes that instead of the Court of Appeals making the determination it would be made as follows:

    (1) The Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives will be required to appoint a three-judge panel, with each appointing one judge, to review the recommendation and the record of the Judicial Standards Commission.

    (2) If the three-judge panel determines the Commission's recommendation should be made to the Supreme Court, the Supreme Court will determine whether a public reprimand, censure, suspension, or removal should be issued.

    (3) If the three-judge panel determines the recommendation should not be made to the Supreme Court, the record would be returned to the Commission and no further proceedings will be conducted on the same record.

     

    Civil Procedure, Family Law, Court System
    GS 7A, GS 50
  • Bill H 122 (2013-2014)
    Summary date: Feb 28 2013 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Makes an organizational change to GS 7A-27, (Appeals of right from the courts of the trial divisions),deleting subsections (c), (d), and (e), and rewriting subsection (b) to incorporate thedeleted subsectionsas subdivisions one through four under GS 7A-27(b).Provides that an appeal of right lies directly to the Court of Appeals from any interlocutory order or judgment of a superior court or district court in a civil action or proceeding which determines a claim prosecuted under GS 50-19(a).

    Also deletesnew subsection (d)(5) proposed in the 1st edition.Makes a tecnical change.

    Civil Procedure, Family Law
    GS 7A, GS 50
  • Bill H 122 (2013-2014)
    Summary date: Feb 19 2013 - View Summary

    Enacts GS 50-19.1, allowing appeals from an order or judgment arising from claims for absolute divorce, divorce from bed and board, child custody, child support, alimony, or equitable distribution when the order or judgment can otherwise be considered final, as described in GS 1A-1, Rule 54(b), but for other pending claims in the same action. This right to appeal is not forfeited if a party fails to immediately appeal. Appeals pursuant to this section do not prevent the trial court from retaining jurisdiction over other claims in the action.

    Amends GS 7A-27(d), making conforming and technical changes related to the enactment of  GS 50-19.1 as well as creating an appeal of right directly to the Court of Appeals for  actions or proceedings that are described in GS 50-19.1.

    Civil Procedure, Family Law
    GS 7A, GS 50
View: All Summaries for Bill