Bill Summary for H 652 (2013-2014)

Summary date: 

Jul 18 2013
S.L. 2013-404

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 652 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED AN ACT TO MODIFY THE LAW REGARDING DISCIPLINE FOR JUDGES.
Intro. by Davis, Stam.

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Bill summary

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

Deletes all provisions of the 2nd edition and replaces it with the following.

Amends GS 7A-374.2 to modify the definition for public reprimand to mean a finding by the North Carolina Supreme Court based upon a written recommendation of the North Carolina Judicial Standards Commission (Commission)that a judge has violated the Code of Judicial Conduct (Code)and has engaged inminor misconductthat is prejudicial to the administration of justice (was, means a written action of the Commission issued upon a finding by the Commission that a judge violated the Code).

Amends GS 7A-376, concerningthe powers ofthe Commission,to providethat 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 ofGS 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 Commissionand hearings by the Supreme Court are confidential until the Supreme Court issues apublic 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.

Repeals GS 7A-378 regarding the censure, suspension, or removal of any justice of the North Carolina Supreme Court.

Changes the long and short title of this act to reflect the changes in bill content.

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