MODIFY PROCESS/APPELLATE COURT VACANCIES.

View NCGA Bill Details2021
House Bill 759 (Public) Filed Thursday, April 29, 2021
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO MODIFY THE PROCESS FOR FILLING VACANCIES ON THE NORTH CAROLINA SUPREME COURT AND THE NORTH CAROLINA COURT OF APPEALS.
Intro. by K. Hall, D. Hall, Mills, Saine.

Status: Ref to the Com on Judiciary 1, if favorable, Election Law and Campaign Finance Reform, if favorable, Rules, Calendar, and Operations of the House (House action) (May 3 2021)
H 759

Bill Summaries:

  • Summary date: Apr 29 2021 - More information

    Subject to approval of voters at the general election in 2022, makes the following changes to Article IV of the North Carolina Constitution. Amends Section 6 by adding the following concerning vacancies on the NC Supreme Court and makes conforming changes to the Section's title. Requires that when there is a vacancy in the office of a Justice by death, resignation, or otherwise, the Governor must, no later than seven days after receiving a list of three nominees from the State executive committee of the political party with which the vacating Justice was affiliated when elected, appoint one person from the list to serve for the unexpired part of the term. Amends Section 7 by adding the following concerning vacancies on the NC Court of Appeals and makes conforming changes to the Section's title. Requires that when there is a vacancy in the office of a judge by death, resignation, or otherwise, the Governor must, no later than seven days after receiving a list of three nominees from the State executive committee of the political party with which the vacating judge was affiliated when elected, appoint one person from the list to serve for the unexpired part of the term. If approved, the amendments become effective January 1, 2023, and apply to vacancies occurring on or after that date.


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