Bill Summary for H 268 (2023-2024)

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Summary date: 

Mar 2 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 268 (Public) Filed Thursday, March 2, 2023
AN ACT TO TEMPORARILY ALLOW JUDGES OF THE DISTRICT COURT DIVISION OF THE GENERAL COURT OF JUSTICE TO SERVE BEYOND THE AGE OF SEVENTY-TWO IN ORDER TO FINISH THE JUDGE'S TERM WHEN THERE IS LESS THAN TWO YEARS REMAINING IN THE JUDGE'S TERM.
Intro. by Elmore, John, Dixon, Stevens.

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Bill summary

Amends GS 7A-4.20 (governing age limits for judges and justices) as follows. Enacts new subsection (b), effective from when the act becomes law until January 1, 2027, to allow judges of the District Court Division of the General Court of Justice who turn 72 years of age with less than two years remaining on the judge's term of office, to continue in office until the end of the judge's term of office. Specifies that the age of the judge at the end of the judge's term will constitute, for that judge, the maximum age limit for service as a judge. Authorizes District Court judges that can extend their retirement to be recalled for periods of temporary service as provided by law. (Existing law provides for mandatory retirement in the month in which the judge turns 72.) Makes other technical changes. Makes language gender neutral.

Makes conforming changes to GS 7A-170(b) (pertaining to retirement age for magistrates) to refer to reorganized GS 7A-4.20(a). Applies to magistrates serving on or after the act becomes law.

Removes outdated language from GS 135-57 (pertaining to the Consolidated Judicial Retirement Act) and conforming changes to refer to reorganized GS 7A-4.20(a). Applies to judges and justices serving on or after the act becomes law.